A bill for an act
relating to public safety; allowing permitted and trained school staff to carry
firearms; amending Minnesota Statutes 2022, sections 609.66, subdivision 1d;
624.714, subdivision 18, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 299C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The superintendent of the Bureau of Criminal Apprehension, in consultation with
security and law enforcement experts with appropriate qualifications and experience in
responding to active shooter situations, must establish a school and postsecondary institution
teacher and employee firearm training program that includes at a minimum training in active
shooter situations. The bureau must offer the training to teachers and other school and
postsecondary institution employees at least once a year. The bureau may contract with a
private organization to provide the training under this paragraph.
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(b) The training must be provided at no cost to teachers and other employees of public
elementary, middle, and secondary schools; charter schools under chapter 124E; and
postsecondary institutions under chapter 136F or 137. The training program must admit
only school and postsecondary institution teachers and employees who have completed
training for a permit to carry under section 624.714 within one year of the date of attending
the training under this section or have a permit to carry under section 624.714.
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(c) For the purposes of this section:
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(1) "teacher" has the meaning given in section 122A.06, subdivision 2; and
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(2) "employee" has the meaning given in section 181.931, subdivision 2.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 609.66, subdivision 1d, is amended to read:
(a) Except as provided under
paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while
knowingly on school property is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school
property is guilty of a gross misdemeanor.
(c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly
on school property is guilty of a misdemeanor.
(d) Notwithstanding paragraph (a), (b), or (c), 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.
(e) 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.
(f) 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;
(4) persons who keep or store in a motor vehicle pistols in accordance with section
624.714 or 624.715 or other firearms in accordance with section 97B.045;
(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; deleted text begin or
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(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 activitydeleted text begin .deleted text end new text begin ; or
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(10) teachers and employees of public elementary, middle, and secondary schools; charter
schools under chapter 124E; and postsecondary institutions under chapter 136F or 137 who
have a school permit to carry under section 624.714, subdivision 8b.
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(g) 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.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 624.714, is amended by adding a subdivision to
read:
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(a) A teacher or other employee of a public
elementary, middle, or secondary school; charter school under chapter 124E; or postsecondary
institution under chapter 136F or 137 may apply to the sheriff of the county where the
teacher or employee resides for a school permit to carry. A nonresident as defined in section
171.01, subdivision 42, who is a teacher or other employee of a public elementary, middle,
or secondary school; charter school under chapter 124E; or postsecondary institution under
chapter 136F or 137, may apply to any sheriff.
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(b) Unless a sheriff denies a permit under the exception in subdivision 6, paragraph (a),
clause (3), a sheriff must issue a school permit to carry to an applicant if, at the time of
submitting an application to the sheriff, the applicant:
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(1) is employed as a teacher or other employee of a public elementary, middle, or
secondary school; charter school under chapter 124E; or postsecondary institution under
chapter 136F or 137;
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(2) either has a permit to carry or is applying for the permit to carry simultaneously with
the school permit to carry;
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(3) has successfully completed the training program under section 299C.26 within one
year of the date of the application for the school permit to carry;
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(4) completes an application for a school permit to carry; and
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new text begin (5) is not prohibited from c