as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to firearms; modifying the scope of the crime 1.3 prohibiting the possession of a firearm or dangerous 1.4 weapon on school property; removing the exemption for 1.5 holders of a permit to carry a pistol; amending 1.6 Minnesota Statutes 1998, section 609.66, subdivision 1.7 1d. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1998, section 609.66, 1.10 subdivision 1d, is amended to read: 1.11 Subd. 1d. [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 1.12 Whoever possesses, stores, or keeps a dangerous weapon or uses 1.13 or brandishes a replica firearm or a BB gun on school property 1.14 is guilty of a felony and may be sentenced to imprisonment for 1.15 not more than two years or to payment of a fine of not more than 1.16 $5,000, or both. 1.17 (b) Whoever possesses, stores, or keeps a replica firearm 1.18 or a BB gun on school property is guilty of a gross misdemeanor. 1.19 (c) As used in this subdivision: 1.20 (1) "BB gun" means a device that fires or ejects a shot 1.21 measuring .18 of an inch or less in diameter; 1.22 (2) "dangerous weapon" has the meaning given it in section 1.23 609.02, subdivision 6; 1.24 (3) "replica firearm" has the meaning given it in section 1.25 609.713; and 1.26 (4) "school property" means: 2.1 (i) a public or private elementary, middle, or secondary 2.2 school building and its grounds, whether leased or owned by the 2.3 school; and 2.4 (ii) the area within a school bus when that bus is being 2.5 used to transport one or more elementary, middle, or secondary 2.6 school students. 2.7 (d) This subdivision does not apply to: 2.8 (1) licensed peace officers, military personnel, or 2.9 students participating in military training, who are performing 2.10 official duties; 2.11 (2)
persons who carry pistols according to the terms of a2.12 permit;2.13 (3)persons who keep or store in a motor vehicle pistols in 2.14 accordance with sections 624.714 and 624.715 or other firearms 2.15 in accordance with section 97B.045; 2.16 (4)(3) firearm safety or marksmanship courses or 2.17 activities conducted on school property; 2.18 (5)(4) possession of dangerous weapons, BB guns, or 2.19 replica firearms by a ceremonial color guard; 2.20 (6)(5) a gun or knife show held on school property; or 2.21 (7)(6) possession of dangerous weapons, BB guns, or 2.22 replica firearms with written permission of the principal. 2.23 Sec. 2. [EFFECTIVE DATE.] 2.24 Section 1 is effective August 1, 2000, and applies to 2.25 offenses committed on or after that date.