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HF 239

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

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

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Current Version - as introduced

1.1A bill for an act
1.2relating to public safety; establishing equal penalties for persons who possess
1.3guns on private property after being ordered to leave the premises; amending
1.4Minnesota Statutes 2012, section 624.714, subdivision 17.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 624.714, subdivision 17, is amended to read:
1.7    Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her
1.8person or clothes under a permit or otherwise who remains at a private establishment
1.9knowing that the operator of the establishment or its agent has made a reasonable
1.10request that firearms not be brought into the establishment may be ordered to leave the
1.11premises. A person who fails to leave when so requested ordered is guilty of a petty gross
1.12 misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section
1.13609.531, a firearm carried in violation of this subdivision is not subject to forfeiture A
1.14person who is convicted a second or subsequent time is guilty of a felony.
1.15(b) As used in this subdivision, the terms in this paragraph have the meanings given.
1.16(1) "Reasonable request" means a request made under the following circumstances:
1.17(i) the requester has prominently posted a conspicuous sign at every entrance to
1.18the establishment containing the following language: "(INDICATE IDENTITY OF
1.19OPERATOR) BANS GUNS IN THESE PREMISES."; or
1.20(ii) the requester or the requester's agent personally informs the person that guns
1.21are prohibited in the premises and demands compliance.
1.22(2) "Prominently" means readily visible and within four feet laterally of the entrance
1.23with the bottom of the sign at a height of four to six feet above the floor.
2.1(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in
2.2height against a bright contrasting background that is at least 187 square inches in area.
2.3(4) "Private establishment" means a building, structure, or portion thereof that is
2.4owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental
2.5purpose.
2.6(c) The owner or operator of a private establishment may not prohibit the lawful
2.7carry or possession of firearms in a parking facility or parking area.
2.8(d) This subdivision does not apply to private residences. The lawful possessor of a
2.9private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
2.10(e) A landlord may not restrict the lawful carry or possession of firearms by tenants
2.11or their guests.
2.12(f) Notwithstanding any inconsistent provisions in section 609.605, this subdivision
2.13sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
2.14possession is not allowed in a private establishment and sets forth the exclusive penalty
2.15for such activity.
2.16(g) This subdivision does not apply to:
2.17(1) an active licensed peace officer; or
2.18(2) a security guard acting in the course and scope of employment.

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