HF3401

Purpose

Clarify when firearms can be present on school property and establish uniform rules for storing firearms carried on school property. Update penalties and definitions related to possessing firearms, BB guns, and replica firearms on school grounds.

Main goals and what the bill does

• Tightens safety rules for bringing weapons to school by changing penalties for possession of dangerous weapons on school property.
• Creates clear storage requirements for firearms carried on school property to be secured when not in use.
• Sets specific exceptions for certain people and activities, and defines what counts as school property.
• Ensures districts cannot overrule these rules when nonstudents or nonemployees are involved, except as allowed by the bill.
• Adds notices and conditions for areas that are designated for school use (with signs posted) and for certain school-sponsored events.

Key changes to the law

• Possession on school property:
  • Possessing a dangerous weapon on school property becomes a felony (up to 5 years in prison or a fine up to $10,000 or both).
  • Using or brandishing a replica firearm or BB gun on school property becomes a gross misdemeanor.
  • Possessing or storing a replica firearm or BB gun on school property becomes a misdemeanor.
• Carrying rules for permit holders:
  • Even someone authorized to carry a firearm (by permit or other means) must not carry on school property in a way that is not permitted under the bill; doing so is a misdemeanor.
  • If a firearm is carried in violation, it is not subject to forfeiture.
• Definitions and scope:
  • BB gun is defined as a device that fires a shot of 0.18 inches in diameter or smaller.
  • “Dangerous weapon” and “replica firearm” are defined by existing state statutes.
  • “School property” includes not just school buildings and grounds, but also:
  • Child care centers during hours when children are present.
  • The school bus when used to transport students.
  • Areas under temporary exclusive control of a school (with visible signs).
  • Areas hosting activities sponsored by the Minnesota State High School League (with visible signs).
• Exceptions (who is allowed or when carrying is allowed):
  • Active licensed peace officers.
  • Military personnel on duty.
  • People carrying a pistol from a parking lot or vehicle to place or retrieve it in a designated location.
  • People who keep pistols or firearms in a vehicle as allowed by law.
  • Firearm safe handling or marksmanship classes on school property.
  • Ceremonial color guards or gun/knife shows on school property.
  • Written permission from the principal or supervisor, or the director of a child care center.
  • People on unimproved property owned or leased by a school or child care facility, unless a student is present for a school-related activity.
• District authority and storage rules:
  • Schools cannot regulate nonstudents’ or nonemployees’ firearms in ways that contradict these rules.
  • If someone is allowed to carry a firearm on school property under the bill, they must securely store it when not on duty or not participating in the activity to which the permission applies.
  • Storage must be:
  • Unloaded.
  • In a locked container or safe that is resistant to tampering and access.
  • Placed in a locked trunk of a vehicle, or kept out of plain sight if no trunk exists.

Notable terms and concepts (for clarity)

• Dangerous weapon
• BB gun
• Replica firearm
• School property
• Firearm storage requirements
• Permitted firearm carrier / on-duty firearm
• Conspicuous signs (notice at entrances)
• Peace officer exception
• Brownfield or unimproved school property

Effects and implications

• Strengthens school safety by increasing penalties for bringing dangerous weapons to school and by standardizing how firearms must be stored when allowed under certain conditions.
• Expands what counts as school property to include buses, certain child care settings, and areas used for school-league activities with posted notices.
• Introduces specific exemptions to accommodate certain individuals and activities, while maintaining strong safeguards.

Relevant Terms - dangerous weapon - BB gun - replica firearm - school property - possession on school property - felony - gross misdemeanor - misdemeanor - storage requirements - locked container - conspicuous signs - peace officer - permit to carry a firearm - on-duty - vehicle trunk - child care center - Minnesota State High School League