as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
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 in2.13accordance with sections 624.714 and 624.715 or other firearms2.14in 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.