1997 Minnesota Statutes

     626.84 Definitions and scope. 

    Subdivision 1.    Definitions.  For purposes of sections 
 626.84 to 626.863, the following terms have the meanings given 
 them: 

    (a) "Board" means the board of peace officer standards and 
 training. 

    (b) "Director" means the executive director of the board. 

    (c) "Peace officer" means an employee or an elected or 
 appointed official of a political subdivision or law enforcement 
 agency who is licensed by the board, charged with the prevention 
 and detection of crime and the enforcement of the general 
 criminal laws of the state and who has the full power of arrest, 
 and shall also include the Minnesota state patrol, agents of the 
 division of alcohol and gambling enforcement, state conservation 
 officers, and metropolitan transit police officers. 

    (d) "Constable" has the meaning assigned to it in section 
 367.40. 

    (e) "Deputy constable" has the meaning assigned to it in 
 section 367.40. 

    (f) "Part-time peace officer" means an individual licensed 
 by the board whose services are utilized by law enforcement 
 agencies no more than an average of 20 hours per week, not 
 including time spent on call when no call to active duty is 
 received, calculated on an annual basis, who has either full 
 powers of arrest or authorization to carry a firearm while on 
 active duty.  The term shall apply even though the individual 
 receives no compensation for time spent on active duty, and 
 shall apply irrespective of the title conferred upon the 
 individual by any law enforcement agency.  The limitation on the 
 average number of hours in which the services of a part-time 
 peace officer may be utilized shall not apply to a part-time 
 peace officer who has formally notified the board pursuant to 
 rules adopted by the board of the part-time peace officer's 
 intention to pursue the specialized training for part-time peace 
 officers who desire to become peace officers pursuant to 
 sections 626.843, subdivision 1, clause (g), and 626.845, 
 subdivision 1, clause (g).  

    (g) "Reserve officer" means an individual whose services 
 are utilized by a law enforcement agency to provide 
 supplementary assistance at special events, traffic or crowd 
 control, and administrative or clerical assistance.  A reserve 
 officer's duties do not include enforcement of the general 
 criminal laws of the state, and the officer does not have full 
 powers of arrest or authorization to carry a firearm on duty.  

    (h) "Law enforcement agency" means a unit of state or local 
 government that is authorized by law to grant full powers of 
 arrest and to charge a person with the duties of preventing and 
 detecting crime and enforcing the general criminal laws of the 
 state. 

    (i) "Professional peace officer education" means a 
 post-secondary degree program, or a nondegree program for 
 persons who already have a college degree, that is offered by a 
 college or university in Minnesota, designed for persons seeking 
 licensure as a peace officer, and approved by the board. 

    Subd. 2.    Scope.  Notwithstanding sections 12.03, 
 subdivision 4, 12.25, or any other law to the contrary, no 
 individual employed or acting as an agent of any political 
 subdivision shall be authorized to carry a firearm when on duty 
 unless the individual has been licensed under sections 626.84 to 
 626.863.  Nothing herein shall be construed as requiring 
 licensure of a security guard as that term is defined in section 
 626.88, subdivision 1, clause (c). 

    HIST: 1977 c 433 s 1; 1978 c 681 s 8; 1979 c 282 s 1; 1980 c 
 578 s 2; 1981 c 37 s 2; 1981 c 310 s 1; 1986 c 444; 1987 c 334 s 
 4; 1989 c 334 art 6 s 13; 1991 c 356 art 6 s 1; 1997 c 129 art 2 
 s 15; 1997 c 149 s 4