Minnesota HF 238: Firearms; offenders who unlawfully possess firearms on school properties equal penalties established.

Bill Text

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A bill for an act1.1
relating to public safety; establishing equal penalties for offenders who1.2
unlawfully possess firearms on school property; amending Minnesota Statutes1.3
2012, section 609.66, subdivision 1d.1.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.5
Section1. MinnesotaStatutes2012,section609.66,subdivision1d,isamendedtoread:1.6
Subd. 1d. Possession on school property; penalty. (a) Except as provided under1.7
paragraphs (d) and (f) paragraph (e), whoever possesses, stores, or keeps a dangerous1.8
weapon while knowingly on school property is guilty of a felony and may be sentenced1.9
to imprisonment for not more than five years or to payment of a fine of not more than1.10
$10,000, or both.1.11
(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on1.12
school property is guilty of a gross misdemeanor.1.13
(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while1.14
knowingly on school property is guilty of a misdemeanor.1.15
(d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person1.16
authorized to carry a firearm under the provisions of a permit or otherwise to carry a1.17
firearm on or about the person's clothes or person in a location the person knows is school1.18
property. Notwithstanding section 609.531, a firearm carried in violation of this paragraph1.19
is not subject to forfeiture.1.20
(e) (d) As used in this subdivision:1.21
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch1.22
or less in diameter;1.23
(2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;1.24
Section 1. 1
This Document can be made available
in alternative formats upon request State of Minnesota
HOUSE OF REPRESENTATIVES
H. F. No. 238
EIGHTY-EIGHTH SESSION
01/31/2013 Authored by Davnie; Lesch; Dehn, R.; Simonson; Schoen and others
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy

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(3) "replica firearm" has the meaning given it in section 609.713; and2.1
(4) "school property" means:2.2
(i) a public or private elementary, middle, or secondary school building and its2.3
improved grounds, whether leased or owned by the school;2.4
(ii) a child care center licensed under chapter 245A during the period children are2.5
present and participating in a child care program;2.6
(iii) the area within a school bus when that bus is being used by a school to2.7
transport one or more elementary, middle, or secondary school students to and from2.8
school-related activities, including curricular, cocurricular, noncurricular, extracurricular,2.9
and supplementary activities; and2.10
(iv) that portion of a building or facility under the temporary, exclusive control2.11
of a public or private school, a school district, or an association of such entities where2.12
conspicuous signs are prominently posted at each entrance that give actual notice to2.13
persons of the school-related use.2.14
(f) (e) This subdivision does not apply to:2.15
(1) active licensed peace officers;2.16
(2) military personnel or students participating in military training, who are on-duty,2.17
performing official duties;2.18
(3) persons authorized to carry a pistol under section 624.714 while in a motor2.19
vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the2.20
trunk or rear area of the vehicle;2.21
(4) persons who keep or store in a motor vehicle pistols in accordance with section2.22
624.714 or 624.715 or other firearms in accordance with section 97B.045;2.23
(5) firearm safety or marksmanship courses or activities conducted on school2.24
property;2.25
(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial2.26
color guard;2.27
(7) a gun or knife show held on school property;2.28
(8) possession of dangerous weapons, BB guns, or replica firearms with written2.29
permission of the principal or other person having general control and supervision of the2.30
school or the director of a child care center; or2.31
(9) persons who are on unimproved property owned or leased by a child care center,2.32
school, or school district unless the person knows that a student is currently present on the2.33
land for a school-related activity.2.34
(g) (f) Notwithstanding section 471.634, a school district or other entity composed2.35
exclusively of school districts may not regulate firearms, ammunition, or their respective2.36
Section 1. 2

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components, when possessed or carried by nonstudents or nonemployees, in a manner3.1
that is inconsistent with this subdivision.3.2
Section 1. 3