HF 3423

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:03am

A bill for an act
relating to public safety; increasing the criminal penalty for possessing dangerous
weapons on school property; amending Minnesota Statutes 2008, section 609.66,
subdivision 1d.

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

Section 1.

Minnesota Statutes 2008, section 609.66, subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property; penalty.

(a) Except as provided under
paragraphs (c) and (e), whoever possesses, stores, or keeps a dangerous weapon or uses or
brandishes a replica firearm or a BB gun while knowingly on school property is guilty of
a felony and may be sentenced to imprisonment for not more than deleted text begin two deleted text end new text begin five new text end years or to
payment of a fine of not more than deleted text begin $5,000 deleted text end new text begin $10,000 new text end , or both.

(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school
property is guilty of a deleted text begin gross misdemeanor deleted text end new text begin felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or both new text end .

(c) Notwithstanding paragraph (a) or (b), 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 school property.
Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
subject to forfeiture.

(d) As used in this subdivision:

(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
or less in diameter;

(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;

(3) "replica firearm" has the meaning given it in section 609.713; and

(4) "school property" means:

(i) a public or private elementary, middle, or secondary school building and its
improved grounds, whether leased or owned by the school;

(ii) a child care center licensed under chapter 245A during the period children are
present and participating in a child care program;

(iii) the area within a school bus when that bus is being used by a school to
transport one or more elementary, middle, or secondary school students to and from
school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
and supplementary activities; and

(iv) that portion of a building or facility under the temporary, exclusive control
of a public or private school, a school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that give actual notice to
persons of the school-related use.

(e) This subdivision does not apply to:

(1) active licensed peace officers;

(2) military personnel or students participating in military training, who are on-duty,
performing official duties;

(3) persons authorized to carry a pistol under section 624.714 while in a motor
vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the
trunk or rear area of the vehicle;

(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715 or other firearms in accordance with section 97B.045;

(5) firearm safety or marksmanship courses or activities conducted on school
property;

(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
color guard;

(7) a gun or knife show held on school property;

(8) possession of dangerous weapons, BB guns, or replica firearms with written
permission of the principal or other person having general control and supervision of the
school or the director of a child care center; or

(9) persons who are on unimproved property owned or leased by a child care center,
school, or school district unless the person knows that a student is currently present on the
land for a school-related activity.

(f) Notwithstanding section 471.634, a school district or other entity composed
exclusively of school districts may not regulate firearms, ammunition, or their respective
components, when possessed or carried by nonstudents or nonemployees, in a manner
that is inconsistent with this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end