HF 1438

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 11:57pm

A bill for an act
relating to elections; establishing a prohibition on the presence of certain weapons
at a polling place; providing criminal penalties; amending Minnesota Statutes
2018, sections 203B.03, by adding a subdivision; 204C.06, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 203B.03, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Weapons at absentee balloting locations. new text end

new text begin Section 204C.06, subdivision 9,
applies to the possession of certain weapons in polling places where absentee ballots are
cast.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 204C.06, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Prohibition on certain weapons at a polling place; penalty. new text end

new text begin (a) Whoever
possesses, stores, or keeps a firearm in a location the person knows is a polling place is
guilty of a felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
new text end

new text begin (b) Whoever uses or brandishes a replica firearm or a BB gun in a location the person
knows is a polling place is guilty of a gross misdemeanor.
new text end

new text begin (c) Whoever possesses, stores, or keeps a replica firearm or a BB gun in a location the
person knows is a polling place is guilty of a misdemeanor.
new text end

new text begin (d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person authorized
to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or
about the person's clothes or person in a location the person knows is a polling place.
Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
subject to forfeiture.
new text end

new text begin (e) As used in this subdivision:
new text end

new text begin (1) "BB gun" means a device that fires or ejects a shot measuring 0.18 inches or less in
diameter;
new text end

new text begin (2) "polling place" means the room in which voting occurs;
new text end

new text begin (3) "replica firearm" has the meaning given in section 609.713; and
new text end

new text begin (4) "voting" includes absentee voting under chapter 203B.
new text end

new text begin (f) This subdivision does not apply to:
new text end

new text begin (1) active licensed peace officers; and
new text end

new text begin (2) military personnel or students participating in military training who are on-duty and
performing official duties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end