language to be deleted (2) new language
relating to public safety; increasing the criminal penalty for possessing dangerous weapons on school property while lowering the criminal penalty for brandishing, using, or possessing replica firearms and BB guns on school property;
amending Minnesota Statutes 2008, section 609.66, subdivision 1d.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) Except as provided under paragraphs (c) and (e), whoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school property is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (a) or (b), it is a misdemeanor for a person authorized to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or about the person's clothes or person in a location the person knows is school property. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.
(d) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school;
(ii) a child care center licensed under chapter 245A during the period children are present and participating in a child care program;
(iii) the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students to and from school-related activities, including curricular, cocurricular, noncurricular, extracurricular, and supplementary activities; and
(iv) that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school-related use.
(e) This subdivision does not apply to:
(1) active licensed peace officers;
(2) military personnel or students participating in military training, who are on-duty, performing official duties;
(3) persons authorized to carry a pistol under section 624.714 while in a motor vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear area of the vehicle;
(5) firearm safety or marksmanship courses or activities conducted on school property;
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
(7) a gun or knife show held on school property;
(8) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center; or
(9) persons who are on unimproved property owned or leased by a child care center, school, or school district unless the person knows that a student is currently present on the land for a school-related activity.
(f) Notwithstanding section 471.634, a school district or other entity composed exclusively of school districts may not regulate firearms, ammunition, or their respective components, when possessed or carried by nonstudents or nonemployees, in a manner that is inconsistent with this subdivision.
Presented to the governor April 19, 2010
Signed by the governor April 22, 2010, 12:37 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes