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HF 2684

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/01/2022 11:43am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; authorizing the lawful carry and possession of firearms
at the State Fair; amending Minnesota Statutes 2020, sections 37.16; 624.714,
subdivision 17.

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

Section 1.

Minnesota Statutes 2020, section 37.16, is amended to read:


37.16 RULES; VIOLATION.

The society may make all bylaws, ordinances, and rules consistent with law which it
considers necessary or proper for the government of the fairgrounds and all fairs to be held
on them, and for the protection, health, safety, and comfort of the public on the fairgroundsnew text begin
provided no bylaw, ordinance, or rule prohibits the lawful carry or possession of firearms
consistent with section 624.714
new text end. The bylaws, ordinances, and rules are effective when filed
with the secretary of the society. The violation of a bylaw, rule, or ordinance of the society
is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies retroactively
to bylaws, ordinances, and rules in effect on that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 624.714, subdivision 17, is amended to read:


Subd. 17.

Posting; trespass.

(a) A person carrying a firearm on or about his or her person
or clothes under a permit or otherwise who remains at a private establishment knowing that
the operator of the establishment or its agent has made a reasonable request that firearms
not be brought into the establishment may be ordered to leave the premises. A person who
fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of
this subdivision is not subject to forfeiture.

(b) As used in this subdivision, the terms in this paragraph have the meanings given.

(1) "Reasonable request" means a request made under the following circumstances:

(i) the requester has prominently posted a conspicuous sign at every entrance to the
establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
BANS GUNS IN THESE PREMISES."; or

(ii) the requester or the requester's agent personally informs the person that guns are
prohibited in the premises and demands compliance.

(2) "Prominently" means readily visible and within four feet laterally of the entrance
with the bottom of the sign at a height of four to six feet above the floor.

(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
against a bright contrasting background that is at least 187 square inches in area.

(4) "Private establishment" means a building, structure, or portion thereof that is owned,
leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.

new text begin (5) "Governmental entity" includes but is not limited to the State Agricultural Society
when it conducts activities on the State Fairgrounds consistent with the public purposes
identified in section 37.01.
new text end

(c) The owner or operator of a private establishment may not prohibit the lawful carry
or possession of firearms in a parking facility or parking area.

(d) The owner or operator of a private establishment may not prohibit the lawful carry
or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
paragraph (c), within the private establishment or deny the officer access thereto, except
when specifically authorized by statute. The owner or operator of the private establishment
may require the display of official credentials issued by the agency that employs the peace
officer prior to granting the officer entry into the private establishment.

(e) This subdivision does not apply to private residences. The lawful possessor of a
private residence may prohibit firearms, and provide notice thereof, in any lawful manner.

(f) A landlord may not restrict the lawful carry or possession of firearms by tenants or
their guests.

(g) Notwithstanding any inconsistent provisions in section 609.605, this subdivision sets
forth the exclusive criteria to notify a permit holder when otherwise lawful firearm possession
is not allowed in a private establishment and sets forth the exclusive penalty for such activity.

(h) This subdivision does not apply to a security guard acting in the course and scope
of employment. The owner or operator of a private establishment may require the display
of official credentials issued by the company, which must be licensed by the Private Detective
and Protective Agent Services Board, that employs the security guard and the guard's permit
card prior to granting the guard entrance into the private establishment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end