HF 5269

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to public safety; prohibiting the open or concealed carry of firearms within
100 feet of designated polling places; proposing coding for new law in Minnesota
Statutes, chapter 204C.

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

Section 1.

new text begin [204C.065] POLLING PLACES; PROHIBITED CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Ballot drop box" has the meaning given to "drop box" in section 203B.082,
subdivision 1.
new text end

new text begin (c) "Counting center" has the meaning given in section 206.56, subdivision 7.
new text end

new text begin (d) "Firearm" has the meaning given in section 97A.015, subdivision 19.
new text end

new text begin (e) "Polling place" has the meaning given in section 200.02, subdivision 12.
new text end

new text begin (f) "Replica firearm" has the meaning given in section 325F.81, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin Except as provided in subdivision 3, a person shall not:
new text end

new text begin (1) possess a firearm or a replica firearm in a polling place or within 100 feet of any
entrance to a building in which a polling place is located as publicly posted by the designated
election official, on the day of any election or during the time when voting is permitted for
any election. This prohibition begins two hours before the polls are open and continues for
two hours after the polls close;
new text end

new text begin (2) possess a firearm at a ballot drop box location or within 100 feet of a ballot drop box
location at any time during the period for voting; or
new text end

new text begin (3) possess a firearm within 100 feet of any counting center at all times that the location
is being used as a counting center for the processing, tabulation, or canvassing related to
an active election.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Subdivision 1 does not apply to:
new text end

new text begin (1) a law enforcement officer who is employed by a federal, state, or local law
enforcement agency and carrying out official duties;
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new text begin (2) the otherwise lawful possession of a firearm in a residence, in a business, or on
private property that is located within 100 feet of an entrance to a polling place, ballot drop
box, or counting center; or
new text end

new text begin (3) the otherwise lawful possession of a firearm in an occupied vehicle that is located
within 100 feet of a polling place, ballot drop box, office of the county auditor, or counting
center so long as the person does not brandish the firearm or remove the firearm from the
vehicle.
new text end

new text begin (b) It is an affirmative defense that a person was legally in possession of a firearm and
was only traveling within 100 feet of a ballot drop box to reach private property located
therein or to leave private property therein to reach a location beyond 100 feet of a ballot
drop box. This defense is not available to any person who committed any of the following
acts or conspired to commit any of the following acts:
new text end

new text begin (1) intimidation of voters;
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new text begin (2) interference with the election; or
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new text begin (3) traveling within 100 feet of a ballot drop box with a firearm for any purpose other
than reaching a permitted destination.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin (a) A person who knowingly violates this section is guilty of a
misdemeanor.
new text end

new text begin (b) A person who violates this section a second time is guilty of a gross misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections 609.035 and 609.04, a prosecution
for or conviction under this section is not a bar to conviction of or punishment for any other
crime committed by the defendant as part of the same conduct, including under section
624.72, subdivision 5.
new text end

new text begin Subd. 6. new text end

new text begin Federal regulations. new text end

new text begin Nothing contained in this section shall be construed to
abrogate any federal laws or regulations to any applicable area in which designated polling
or canvassing property is located.
new text end