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SF 2258

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to crime prevention; limiting an exception to 
  1.3             the law on possessing dangerous weapons on school 
  1.4             property; amending Minnesota Statutes 1998, section 
  1.5             609.66, subdivision 1d. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 609.66, 
  1.8   subdivision 1d, is amended to read: 
  1.9      Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.10  Whoever possesses, stores, or keeps a dangerous weapon or uses 
  1.11  or brandishes a replica firearm or a BB gun on school property 
  1.12  is guilty of a felony and may be sentenced to imprisonment for 
  1.13  not more than two years or to payment of a fine of not more than 
  1.14  $5,000, or both. 
  1.15     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.16  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.17     (c) As used in this subdivision: 
  1.18     (1) "BB gun" means a device that fires or ejects a shot 
  1.19  measuring .18 of an inch or less in diameter; 
  1.20     (2) "dangerous weapon" has the meaning given it in section 
  1.21  609.02, subdivision 6; 
  1.22     (3) "replica firearm" has the meaning given it in section 
  1.23  609.713; and 
  1.24     (4) "school property" means: 
  1.25     (i) a public or private elementary, middle, or secondary 
  2.1   school building and its grounds, whether leased or owned by the 
  2.2   school; and 
  2.3      (ii) the area within a school bus when that bus is being 
  2.4   used to transport one or more elementary, middle, or secondary 
  2.5   school students. 
  2.6      (d) This subdivision does not apply to: 
  2.7      (1) licensed peace officers, military personnel, or 
  2.8   students participating in military training, who are performing 
  2.9   official duties; 
  2.10     (2) persons who carry pistols according to the terms of a 
  2.11  permit; 
  2.12     (3) persons who keep or store in a motor vehicle pistols in 
  2.13  accordance with sections 624.714 and 624.715 or other firearms 
  2.14  in accordance with section 97B.045; 
  2.15     (4) firearm safety or marksmanship courses or activities 
  2.16  conducted on school property; 
  2.17     (5) (4) possession of dangerous weapons, BB guns, or 
  2.18  replica firearms by a ceremonial color guard; 
  2.19     (6) (5) a gun or knife show held on school property; or 
  2.20     (7) (6) possession of dangerous weapons, BB guns, or 
  2.21  replica firearms with written permission of the principal. 
  2.22     Sec. 2.  [EFFECTIVE DATE.] 
  2.23     Section 1 is effective August 1, 1999, and applies to 
  2.24  crimes committed on or after that date.