SF 1654

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; authorizing local government 
  1.3             units and public medical facilities to ban guns from 
  1.4             public buildings, medical facilities, or parks; 
  1.5             amending Minnesota Statutes 2003 Supplement, section 
  1.6             624.714, subdivision 17. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   624.714, subdivision 17, is amended to read: 
  1.10     Subd. 17.  [POSTING; TRESPASS.] (a) A person carrying a 
  1.11  firearm on or about his or her person or clothes under a permit 
  1.12  or otherwise who remains at a public or private establishment or 
  1.13  public medical facility knowing that the operator of the 
  1.14  establishment or facility or its agent has made a reasonable 
  1.15  request that firearms not be brought into the establishment may 
  1.16  be ordered to leave the premises.  A person who fails to leave 
  1.17  when so requested is guilty of a petty misdemeanor.  The fine 
  1.18  for a first offense must not exceed $25.  Notwithstanding 
  1.19  section 609.531, a firearm carried in violation of this 
  1.20  subdivision is not subject to forfeiture. 
  1.21     (b) As used in this subdivision, the terms in this 
  1.22  paragraph have the meanings given. 
  1.23     (1) "Reasonable request" means a request made under the 
  1.24  following circumstances: 
  1.25     (i) the requester has prominently posted a conspicuous sign 
  1.26  at every entrance to the establishment or facility containing 
  2.1   the following language:  "(INDICATE IDENTITY OF OPERATOR) BANS 
  2.2   GUNS IN THESE PREMISES."  If the posted area is a county, city, 
  2.3   or township park, a posting is sufficient if a reasonable person 
  2.4   would be notified upon entering the park; and 
  2.5      (ii) the requester or its agent personally informs the 
  2.6   person of the posted request and demands compliance. 
  2.7      (2) "Prominently" means readily visible and within four 
  2.8   feet laterally of the entrance with the bottom of the sign at a 
  2.9   height of four to six feet above the floor. 
  2.10     (3) "Conspicuous" means lettering in black arial typeface 
  2.11  at least 1-1/2 inches in height against a bright contrasting 
  2.12  background that is at least 187 square inches in area. 
  2.13     (4) "Private establishment" means a building, structure, or 
  2.14  portion thereof that is owned, leased, controlled, or operated 
  2.15  by a nongovernmental entity for a nongovernmental purpose.  
  2.16     (5) "Public establishment" means any building or park of a 
  2.17  local unit of government. 
  2.18     (6) "Public medical facility" means any of the following 
  2.19  publicly owned facilities:  a hospital, boarding care home, or 
  2.20  outpatient surgical center licensed under sections 144.50 to 
  2.21  144.56; a nursing home licensed under chapter 144A; a 
  2.22  residential hospice facility licensed under sections 144A.75 to 
  2.23  144A.756; or any other medical facility, as defined in section 
  2.24  144.561. 
  2.25     (c) The owner or operator of a private establishment or 
  2.26  public medical facility may not prohibit the lawful carry or 
  2.27  possession of firearms in a parking facility or parking area. 
  2.28     (d) This subdivision does not apply to private residences.  
  2.29  The lawful possessor of a private residence may prohibit 
  2.30  firearms, and provide notice thereof, in any lawful manner. 
  2.31     (e) A landlord may not restrict the lawful carry or 
  2.32  possession of firearms by tenants or their guests. 
  2.33     (f) Notwithstanding any inconsistent provisions in section 
  2.34  609.605, this subdivision sets forth the exclusive criteria to 
  2.35  notify a permit holder when otherwise lawful firearm possession 
  2.36  is not allowed in a private establishment and sets forth the 
  3.1   exclusive penalty for such activity. 
  3.2      (g) This subdivision does not apply to an on-duty peace 
  3.3   officer or security guard acting in the course and scope of 
  3.4   employment. 
  3.5      (h) A public medical facility or local unit of government 
  3.6   may not post under the provisions of this subdivision unless its 
  3.7   governing board or controlling authority votes to do so.