SF 2221

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; reenacting the Minnesota
Citizens' Personal Protection Act of 2003; recognizing
the inherent right of law-abiding citizens to
self-protection through the lawful use of
self-defense; providing a system under which
responsible, competent adults can exercise their right
to self-protection by authorizing them to obtain a
permit to carry a pistol; providing criminal
penalties; amending Minnesota Statutes 2004, section
624.714, subdivision 17, as reenacted.

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

Section 1. new text begin REENACTMENT OF PERSONAL PROTECTION ACT IF
FOUND UNCONSTITUTIONAL FOR ENACTMENT PROCESS DEFECT.
new text end

new text begin If Laws 2003, chapter 28, is found to be unconstitutional
by an appellate court due to a title defect, then Laws 2003,
chapter 28, article 2, sections 1 to 30 and 32 to 36, are
reenacted effective retroactively and without interruption from
April 28, 2003, including reenactment of sections codified in
Minnesota Statutes 2004, sections 13.871, subdivision 9; 609.66,
subdivision 1d; 624.712, subdivision 11; 624.714, subdivisions
1a, 1b, 2, 2a, 3, 4, 6, 7, 7a, 8, 8a, 10, 11a, 12, 12a, 14, 15,
16, 17, 18, 19, 20, 21, 22, and 23; 624.7142; and 624.7143.
new text end

Sec. 2.

Minnesota Statutes 2004, section 624.714,
subdivision 17, as reenacted by section 1, 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."; deleted text begin and deleted text end new text begin or
new text end

(ii) the requester or its agent personally informs the
person of the posted request 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.

(d) 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.

(e) A landlord may not restrict the lawful carry or
possession of firearms by tenants or their guests.

(f) 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.

(g) This subdivision does not apply to an on-duty peace
officer or security guard acting in the course and scope of
employment.