HF 2428

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; reenacting the Minnesota 
  1.3             Citizens' Personal Protection Act of 2003; recognizing 
  1.4             the inherent right of law-abiding citizens to 
  1.5             self-protection through the lawful use of 
  1.6             self-defense; providing a system under which 
  1.7             responsible, competent adults can exercise their right 
  1.8             to self-protection by authorizing them to obtain a 
  1.9             permit to carry a pistol; providing criminal 
  1.10            penalties; amending Minnesota Statutes 2004, section 
  1.11            624.714, subdivision 17, as reenacted. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [REENACTMENT OF PERSONAL PROTECTION ACT IF 
  1.14  FOUND UNCONSTITUTIONAL FOR ENACTMENT PROCESS DEFECT.] 
  1.15     Because Laws 2003, chapter 28, has been found to be 
  1.16  unconstitutional by the Court of Appeals due to a violation of 
  1.17  section 17, article IV, of the Minnesota Constitution regarding 
  1.18  the enactment of that chapter, then Laws 2003, chapter 28, 
  1.19  article 2, sections 1 to 30 and 32 to 36, are reenacted 
  1.20  effective retroactively and without interruption from April 28, 
  1.21  2003, including reenactment of sections codified in Minnesota 
  1.22  Statutes 2004, sections 13.871, subdivision 9; 609.66, 
  1.23  subdivision 1d; 624.712, subdivision 11; 624.714, subdivisions 
  1.24  1a, 1b, 2, 2a, 3, 4, 6, 7, 7a, 8, 8a, 10, 11a, 12, 12a, 14, 15, 
  1.25  16, 17, 18, 19, 20, 21, 22, and 23; 624.7142; and 624.7143. 
  1.26     Sec. 2.  Minnesota Statutes 2004, section 624.714, 
  1.27  subdivision 17, as reenacted by section 1, is amended to read: 
  1.28     Subd. 17.  [POSTING; TRESPASS.] (a) A person carrying a 
  2.1   firearm on or about his or her person or clothes under a permit 
  2.2   or otherwise who remains at a private establishment knowing that 
  2.3   the operator of the establishment or its agent has made a 
  2.4   reasonable request that firearms not be brought into the 
  2.5   establishment may be ordered to leave the premises.  A person 
  2.6   who fails to leave when so requested is guilty of a petty 
  2.7   misdemeanor.  The fine for a first offense must not exceed $25.  
  2.8   Notwithstanding section 609.531, a firearm carried in violation 
  2.9   of this subdivision is not subject to forfeiture. 
  2.10     (b) As used in this subdivision, the terms in this 
  2.11  paragraph have the meanings given. 
  2.12     (1) "Reasonable request" means a request made under the 
  2.13  following circumstances: 
  2.14     (i) the requester has prominently posted a conspicuous sign 
  2.15  at every entrance to the establishment containing the following 
  2.16  language:  "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 
  2.17  PREMISES."; and or 
  2.18     (ii) the requester or its agent personally informs the 
  2.19  person of the posted request and demands compliance. 
  2.20     (2) "Prominently" means readily visible and within four 
  2.21  feet laterally of the entrance with the bottom of the sign at a 
  2.22  height of four to six feet above the floor. 
  2.23     (3) "Conspicuous" means lettering in black arial typeface 
  2.24  at least 1-1/2 inches in height against a bright contrasting 
  2.25  background that is at least 187 square inches in area. 
  2.26     (4) "Private establishment" means a building, structure, or 
  2.27  portion thereof that is owned, leased, controlled, or operated 
  2.28  by a nongovernmental entity for a nongovernmental purpose.  
  2.29     (c) The owner or operator of a private establishment may 
  2.30  not prohibit the lawful carry or possession of firearms in a 
  2.31  parking facility or parking area. 
  2.32     (d) This subdivision does not apply to private residences.  
  2.33  The lawful possessor of a private residence may prohibit 
  2.34  firearms, and provide notice thereof, in any lawful manner. 
  2.35     (e) A landlord may not restrict the lawful carry or 
  2.36  possession of firearms by tenants or their guests. 
  3.1      (f) Notwithstanding any inconsistent provisions in section 
  3.2   609.605, this subdivision sets forth the exclusive criteria to 
  3.3   notify a permit holder when otherwise lawful firearm possession 
  3.4   is not allowed in a private establishment and sets forth the 
  3.5   exclusive penalty for such activity. 
  3.6      (g) This subdivision does not apply to an on-duty peace 
  3.7   officer or security guard acting in the course and scope of 
  3.8   employment.