HF 1612

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to schools; modifying policies relating to 
  1.3             prohibiting firearms from school property; amending 
  1.4             Minnesota Statutes 2002, section 609.66, subdivision 
  1.5             1d, as amended. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 609.66, 
  1.8   subdivision 1d, as amended by Laws 2003, chapter 28, article 2, 
  1.9   section 2, is amended to read: 
  1.10     Subd. 1d.  [POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) 
  1.11  Except as provided under paragraphs (c) and (e), whoever 
  1.12  possesses, stores, or keeps a dangerous weapon or uses or 
  1.13  brandishes a replica firearm or a BB gun while knowingly on 
  1.14  school property is guilty of a felony and may be sentenced to 
  1.15  imprisonment for not more than two years or to payment of a fine 
  1.16  of not more than $5,000, or both. 
  1.17     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.18  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.19     (c) Notwithstanding paragraph (a) or (b), it is a 
  1.20  misdemeanor for a person authorized to carry a firearm under the 
  1.21  provisions of a permit or otherwise to carry a firearm on or 
  1.22  about the person's clothes or person in a location the person 
  1.23  knows is school property.  Notwithstanding section 609.531, a 
  1.24  firearm carried in violation of this paragraph is not subject to 
  1.25  forfeiture. 
  2.1      (d) As used in this subdivision: 
  2.2      (1) "BB gun" means a device that fires or ejects a shot 
  2.3   measuring .18 of an inch or less in diameter; 
  2.4      (2) "dangerous weapon" has the meaning given it in section 
  2.5   609.02, subdivision 6; 
  2.6      (3) "replica firearm" has the meaning given it in section 
  2.7   609.713; and 
  2.8      (4) "school property" means: 
  2.9      (i) a public or private elementary, middle, or secondary 
  2.10  school building and its improved grounds, whether leased or 
  2.11  owned by the school; 
  2.12     (ii) a child care center licensed under chapter 245A during 
  2.13  the period children are present and participating in a child 
  2.14  care program; 
  2.15     (iii) the area within a school bus when that bus is being 
  2.16  used by a school to transport one or more elementary, middle, or 
  2.17  secondary school students to and from school-related activities, 
  2.18  including curricular, cocurricular, noncurricular, 
  2.19  extracurricular, and supplementary activities; and 
  2.20     (iv) that portion of a building or facility under the 
  2.21  temporary, exclusive control of a public or private school, a 
  2.22  school district, or an association of such entities where 
  2.23  conspicuous signs are prominently posted at each entrance that 
  2.24  give actual notice to persons of the school-related use; and 
  2.25     (v) the entirety of a building or facility and its improved 
  2.26  grounds if a portion thereof is under the exclusive control of a 
  2.27  public or private school, is regularly used for school-related 
  2.28  purposes, and conspicuous signs are prominently posted at each 
  2.29  entrance to the building or facility that give actual notice to 
  2.30  persons of the school-related use. 
  2.31     (e) This subdivision does not apply to: 
  2.32     (1) licensed peace officers, military personnel, or 
  2.33  students participating in military training, who are on-duty, 
  2.34  performing official duties; 
  2.35     (2) persons authorized to carry a pistol under section 
  2.36  624.714 while in a motor vehicle or outside of a motor vehicle 
  3.1   to directly place a firearm in, or retrieve it from, the trunk 
  3.2   or rear area of the vehicle; 
  3.3      (3) persons who keep or store in a motor vehicle pistols in 
  3.4   accordance with section 624.714 or 624.715 or other firearms in 
  3.5   accordance with section 97B.045; 
  3.6      (4) firearm safety or marksmanship courses or activities 
  3.7   conducted on school property; 
  3.8      (5) possession of dangerous weapons, BB guns, or replica 
  3.9   firearms by a ceremonial color guard; 
  3.10     (6) a gun or knife show held on school property; 
  3.11     (7) possession of dangerous weapons, BB guns, or replica 
  3.12  firearms with written permission of the principal or other 
  3.13  person having general control and supervision of the school or 
  3.14  the director of a child care center; or 
  3.15     (8) persons who are on unimproved property owned or leased 
  3.16  by a child care center, school, or school district unless the 
  3.17  person knows that a student is currently present on the land for 
  3.18  a school-related activity. 
  3.19     (f) Notwithstanding section 471.634, a school district or 
  3.20  other entity composed exclusively of school districts may not 
  3.21  regulate firearms, ammunition, or their respective components, 
  3.22  when possessed or carried by nonstudents or nonemployees, in a 
  3.23  manner that is inconsistent with this subdivision. 
  3.24     [EFFECTIVE DATE.] This section is effective May 28, 2003, 
  3.25  and applies to crimes committed on or after that date.