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HF 238

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 02:59pm

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


Version List Authors and Status

Current Version - as introduced

1.1A bill for an act
1.2relating to public safety; establishing equal penalties for offenders who
1.3unlawfully possess firearms on school property;amending Minnesota Statutes
1.42012, section 609.66, subdivision 1d.

1.6    Section 1. Minnesota Statutes 2012, section 609.66, subdivision 1d, is amended to read:
1.7    Subd. 1d. Possession on school property; penalty. (a) Except as provided under
1.8paragraphs (d) and (f) paragraph (e), whoever possesses, stores, or keeps a dangerous
1.9weapon while knowingly on school property is guilty of a felony and may be sentenced
1.10to imprisonment for not more than five years or to payment of a fine of not more than
1.11$10,000, or both.
1.12(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on
1.13school property is guilty of a gross misdemeanor.
1.14(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while
1.15knowingly on school property is guilty of a misdemeanor.
1.16(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person
1.17authorized to carry a firearm under the provisions of a permit or otherwise to carry a
1.18firearm on or about the person's clothes or person in a location the person knows is school
1.19property. Notwithstanding section 609.531, a firearm carried in violation of this paragraph
1.20is not subject to forfeiture.
1.21(e) (d) As used in this subdivision:
1.22(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch
1.23or less in diameter;
1.24(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
2.1(3) "replica firearm" has the meaning given it in section 609.713; and
2.2(4) "school property" means:
2.3(i) a public or private elementary, middle, or secondary school building and its
2.4improved grounds, whether leased or owned by the school;
2.5(ii) a child care center licensed under chapter 245A during the period children are
2.6present and participating in a child care program;
2.7(iii) the area within a school bus when that bus is being used by a school to
2.8transport one or more elementary, middle, or secondary school students to and from
2.9school-related activities, including curricular, cocurricular, noncurricular, extracurricular,
2.10and supplementary activities; and
2.11(iv) that portion of a building or facility under the temporary, exclusive control
2.12of a public or private school, a school district, or an association of such entities where
2.13conspicuous signs are prominently posted at each entrance that give actual notice to
2.14persons of the school-related use.
2.15(f) (e) This subdivision does not apply to:
2.16(1) active licensed peace officers;
2.17(2) military personnel or students participating in military training, who are on-duty,
2.18performing official duties;
2.19(3) persons authorized to carry a pistol under section 624.714 while in a motor
2.20vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the
2.21trunk or rear area of the vehicle;
2.22(4) persons who keep or store in a motor vehicle pistols in accordance with section
2.23624.714 or 624.715 or other firearms in accordance with section 97B.045;
2.24(5) firearm safety or marksmanship courses or activities conducted on school
2.26(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
2.27color guard;
2.28(7) a gun or knife show held on school property;
2.29(8) possession of dangerous weapons, BB guns, or replica firearms with written
2.30permission of the principal or other person having general control and supervision of the
2.31school or the director of a child care center; or
2.32(9) persons who are on unimproved property owned or leased by a child care center,
2.33school, or school district unless the person knows that a student is currently present on the
2.34land for a school-related activity.
2.35(g) (f) Notwithstanding section 471.634, a school district or other entity composed
2.36exclusively of school districts may not regulate firearms, ammunition, or their respective
3.1components, when possessed or carried by nonstudents or nonemployees, in a manner
3.2that is inconsistent with this subdivision.

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