SF 1099

as introduced - 90th Legislature (2017 - 2018) Posted on 11/09/2017 11:18am

A bill for an act
relating to public safety; clarifying that peace officers are permitted to carry their
firearms within private establishments; amending Minnesota Statutes 2016, section
624.714, subdivision 17.

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

Section 1.

Minnesota Statutes 2016, 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.

new text begin (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.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end A landlord may not restrict the lawful carry or possession of firearms by tenants
or their guests.

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) This subdivision does not apply to:
deleted text end

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

deleted text begin (2) a security guard acting in the course and scope of employment.
deleted text end