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HF 2776

as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 01:52pm

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 a corrections officer and custody staff to
carry a firearm at a private establishment; amending Minnesota Statutes 2010,
section 624.714, subdivision 17.

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

Section 1.

Minnesota Statutes 2010, 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.

(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) 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.

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

(f) 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.

(g) This subdivision does not apply to:

(1) an active licensed peace officer; deleted text beginor
deleted text end

(2) a security guard acting in the course and scope of employmentnew text begin; or
new text end

new text begin (3) an active corrections officer or person who is employed by the state, a state
correctional facility, or a local correctional or detention facility and whose primary duty is
supervision of inmates
new text end.