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SF 1189

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; permitting certain retired law enforcement officers to
carry firearms in schools; amending Minnesota Statutes 2020, section 609.66,
subdivision 1d.

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

Section 1.

Minnesota Statutes 2020, section 609.66, subdivision 1d, is amended to read:


Subd. 1d.

Possession on school property; penalty.

(a) Except as provided under
paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while
knowingly on school property is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school
property is guilty of a gross misdemeanor.

(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly
on school property is guilty of a misdemeanor.

(d) Notwithstanding paragraph (a), (b), or (c), 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.

(e) 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.

(f) 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; deleted text beginor
deleted text end

(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 activitydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (10) persons authorized to carry a firearm under United States Code, title 18, part I,
chapter 44, section 926C, and who are carrying in compliance with that law.
new text end

(g) 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, 2021, and applies to crimes
committed on or after that date.
new text end