HF 3515

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; modifying the scope of the crime 
  1.3             prohibiting the possession of a firearm or dangerous 
  1.4             weapon on school property; removing the exemption for 
  1.5             holders of a permit to carry a pistol; amending 
  1.6             Minnesota Statutes 1998, section 609.66, subdivision 
  1.7             1d. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 609.66, 
  1.10  subdivision 1d, is amended to read: 
  1.11     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.12  Whoever possesses, stores, or keeps a dangerous weapon or uses 
  1.13  or brandishes a replica firearm or a BB gun on school property 
  1.14  is guilty of a felony and may be sentenced to imprisonment for 
  1.15  not more than two years or to payment of a fine of not more than 
  1.16  $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) As used in this subdivision: 
  1.20     (1) "BB gun" means a device that fires or ejects a shot 
  1.21  measuring .18 of an inch or less in diameter; 
  1.22     (2) "dangerous weapon" has the meaning given it in section 
  1.23  609.02, subdivision 6; 
  1.24     (3) "replica firearm" has the meaning given it in section 
  1.25  609.713; and 
  1.26     (4) "school property" means: 
  2.1      (i) a public or private elementary, middle, or secondary 
  2.2   school building and its grounds, whether leased or owned by the 
  2.3   school; and 
  2.4      (ii) the area within a school bus when that bus is being 
  2.5   used to transport one or more elementary, middle, or secondary 
  2.6   school students. 
  2.7      (d) This subdivision does not apply to: 
  2.8      (1) licensed peace officers, military personnel, or 
  2.9   students participating in military training, who are performing 
  2.10  official duties; 
  2.11     (2) persons who carry pistols according to the terms of a 
  2.12  permit; 
  2.13     (3) persons who keep or store in a motor vehicle pistols in 
  2.14  accordance with sections 624.714 and 624.715 or other firearms 
  2.15  in accordance with section 97B.045; 
  2.16     (4) (3) firearm safety or marksmanship courses or 
  2.17  activities conducted on school property; 
  2.18     (5) (4) possession of dangerous weapons, BB guns, or 
  2.19  replica firearms by a ceremonial color guard; 
  2.20     (6) (5) a gun or knife show held on school property; or 
  2.21     (7) (6) possession of dangerous weapons, BB guns, or 
  2.22  replica firearms with written permission of the principal. 
  2.23     Sec. 2.  [EFFECTIVE DATE.] 
  2.24     Section 1 is effective August 1, 2000, and applies to 
  2.25  offenses committed on or after that date.