HF 1175

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; clarifying the definition of 
  1.3             "dangerous weapon" in the criminal code; clarifying 
  1.4             criminal liability for possessing a dangerous weapon 
  1.5             on school property when the object possessed is not 
  1.6             designed as a weapon; providing an exception for the 
  1.7             possession or use of weapons when required for 
  1.8             instructional purposes; amending Minnesota Statutes 
  1.9             1994, sections 609.02, subdivision 6; and 609.66, 
  1.10            subdivision 1d. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 609.02, 
  1.13  subdivision 6, is amended to read: 
  1.14     Subd. 6.  [DANGEROUS WEAPON.] "Dangerous weapon" means: 
  1.15     (1) any firearm, whether loaded or unloaded, or; 
  1.16     (2) any device designed as a weapon and capable of 
  1.17  producing death or great bodily harm,; 
  1.18     (3) any combustible or flammable liquid or other device or 
  1.19  instrumentality that, in the manner it is used or intended to be 
  1.20  used, is calculated or likely to produce death or great bodily 
  1.21  harm,; or 
  1.22     (4) any fire that is used to produce death or great bodily 
  1.23  harm. 
  1.24     As used in this subdivision, "flammable liquid" means any 
  1.25  liquid having a flash point below 100 degrees Fahrenheit and 
  1.26  having a vapor pressure not exceeding 40 pounds per square inch 
  1.27  (absolute) at 100 degrees Fahrenheit but does not include 
  1.28  intoxicating liquor as defined in section 340A.101.  As used in 
  2.1   this subdivision, "combustible liquid" is a liquid having a 
  2.2   flash point at or above 100 degrees Fahrenheit. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 609.66, 
  2.4   subdivision 1d, is amended to read: 
  2.5      Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  2.6   Whoever possesses, stores, or keeps a dangerous weapon or uses 
  2.7   or brandishes a potentially dangerous weapon, a replica firearm, 
  2.8   or a BB gun on school property is guilty of a felony and may be 
  2.9   sentenced to imprisonment for not more than two years or to 
  2.10  payment of a fine of not more than $5,000, or both. 
  2.11     (b) Whoever possesses, stores, or keeps a potentially 
  2.12  dangerous weapon, a replica firearm, or a BB gun on school 
  2.13  property is guilty of a gross misdemeanor. 
  2.14     (c) As used in this subdivision: 
  2.15     (1) "BB gun" means a device that fires or ejects a shot 
  2.16  measuring .18 of an inch or less in diameter; 
  2.17     (2) "dangerous weapon" has the meaning given it in section 
  2.18  609.02, subdivision 6; means:  
  2.19     (i) any firearm, whether loaded or unloaded; or 
  2.20     (ii) any device designed as a weapon and capable of 
  2.21  producing death or great bodily harm; 
  2.22     (3) "potentially dangerous weapon" means:  
  2.23     (i) any combustible or flammable liquid or other device or 
  2.24  instrumentality that, in the manner it is used or intended to be 
  2.25  used, is calculated or likely to produce death or great bodily 
  2.26  harm; or 
  2.27     (ii) any fire that is used to produce death or great bodily 
  2.28  harm; 
  2.29     (4) "replica firearm" has meaning given it in section 
  2.30  609.713; and 
  2.31     (4) (5) "school property" means: 
  2.32     (i) a public or private elementary, middle, or secondary 
  2.33  school building and its grounds, whether leased or owned by the 
  2.34  school; and 
  2.35     (ii) the area within a school bus when that bus is being 
  2.36  used to transport one or more elementary, middle, or secondary 
  3.1   school students. 
  3.2      (d) This subdivision does not apply to: 
  3.3      (1) licensed peace officers, military personnel, or 
  3.4   students participating in military training, who are performing 
  3.5   official duties; 
  3.6      (2) persons who carry pistols according to the terms of a 
  3.7   permit; 
  3.8      (3) persons who keep or store in a motor vehicle pistols in 
  3.9   accordance with sections 624.714 and 624.715 or other firearms 
  3.10  in accordance with section 97B.045; 
  3.11     (4) firearm safety or marksmanship courses or activities 
  3.12  conducted on school property; 
  3.13     (5) possession of dangerous weapons, potentially dangerous 
  3.14  weapons, BB guns, or replica firearms by a ceremonial color 
  3.15  guard; 
  3.16     (6) a gun or knife show held on school property; or 
  3.17     (7) possession of dangerous weapons, potentially dangerous 
  3.18  weapons, BB guns, or replica firearms required for instructional 
  3.19  or curricular purposes; or 
  3.20     (8) possession of dangerous weapons, potentially dangerous 
  3.21  weapons, BB guns, or replica firearms with written permission of 
  3.22  the principal. 
  3.23     Sec. 3.  [EFFECTIVE DATE.] 
  3.24     Section 1 is effective August 1, 1995.  Section 2 is 
  3.25  effective August 1, 1995, and applies to crimes committed on or 
  3.26  after that date.