HF 437

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:38pm

A bill for an act
relating to public safety; providing for a cause of action when a person who is
prohibited from carrying a firearm on a property suffers a loss by not having the
firearm; amending Minnesota Statutes 2020, section 624.714, subdivision 17;
proposing coding for new law in Minnesota Statutes, chapter 624.

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

Section 1.

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 new text begin stating that a person prohibited from carrying the firearm is under the custodial
responsibility of the requester, according to section 624.7195 and new text end 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 new text begin and that the person is under the custodial
responsibility of the requester according to section 624.7195 new text end .

(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) 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) deleted text begin This subdivision does not apply to private residences. deleted text end 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 new text begin , and except as
provided in section 624.7195 new text end , 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 the day following final enactment.
new text end

Sec. 2.

new text begin [624.7195] CAUSE OF ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative intent. new text end

new text begin It is the intent of the legislature to balance the right
of self-defense of a person who is authorized to carry a firearm under section 624.714 or
other law or who is not prohibited under section 624.713 or other law from carrying a firearm
with the right of a property owner or entity to exercise control of the property and prohibit
the lawful carry or possession of firearms.
new text end

new text begin Subd. 2. new text end

new text begin Property owner responsibility. new text end

new text begin (a) A property owner or entity who prohibits
the carrying of firearms by a person who is otherwise authorized to carry a firearm or who
is not otherwise prohibited from carrying a firearm shall assume absolute custodial
responsibility for the safety and defense of the unarmed person while the person is located
on the owner's or entity's property that is posted with a sign prohibiting firearms.
new text end

new text begin (b) The responsibility of the property owner or entity for the safety and defense of any
person who is otherwise authorized to carry a firearm or who is not otherwise prohibited
from carrying a firearm extends to the conduct of other invitees, trespassers, employees of
the person or entity, vicious animals, wild animals, and defensible man-made and natural
hazards.
new text end

new text begin (c) For the purposes of this section, the following terms have the meanings given them:
new text end

new text begin (1) "firearm" has the meaning given in section 609.666; and
new text end

new text begin (2) "property" means real property and any appurtenant building or structure.
new text end

new text begin Subd. 3. new text end

new text begin Cause of action. new text end

new text begin A person who may otherwise lawfully carry a firearm or who
is not otherwise prohibited from carrying a firearm and who is injured, suffers bodily injury
or death, incurs economic loss or expense, property damage, or any other compensable loss,
that could have been avoided by carrying a firearm, as the result of conduct occurring on
property with a posted written notice that prohibits firearms shall have a civil cause of action
against the owner or entity that exercises control over the property on which the written
notice was posted. In addition to any other damages authorized by law, the person may be
awarded reasonable attorney fees, expert witness costs, and other costs necessary to bring
the cause of action.
new text end

new text begin Subd. 4. new text end

new text begin Limitation. new text end

new text begin The statute of limitations for an action under this section is two
years from the date of the occurrence of the conduct which gave rise to damages under this
section.
new text end

new text begin Subd. 5. new text end

new text begin Signs. new text end

new text begin Any notice or signage that prohibits firearms as provided in subdivision
3 shall also contain language stating that any person on the posted property who is authorized
to carry a firearm or who is not prohibited from carrying a firearm is under the custodial
responsibility of the property owner or entity that has posted a sign on the property. Failure
of a sign to provide the information required by this subdivision does not reduce liability
for the property owner or entity who exercises control over the property.
new text end

new text begin Subd. 6. new text end

new text begin Evidence. new text end

new text begin To prevail in an action brought under this section, a person must
show by a preponderance of the evidence that:
new text end

new text begin (1) the person owned a firearm, was otherwise authorized to carry a firearm or was not
otherwise prohibited from carrying a firearm at the time of the incident giving rise to the
action;
new text end

new text begin (2) the person did not carry the firearm on the property where the incident occurred
because of the written notice under subdivision 5;
new text end

new text begin (3) the injury, death, economic loss or expense, property damage, or other compensable
loss was caused as a result of the conduct that occurred on the property and could have been
avoided if the person was allowed to carry a firearm onto the property; and
new text end

new text begin (4) the property owner or entity exercising control over the property was not required
by state or federal law to post the notice, but posted the notice by choice.
new text end

new text begin Subd. 7. new text end

new text begin Interpretation. new text end

new text begin This section shall be liberally construed to carry out its purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to incidents
occurring on or after that date.
new text end