SF3572

Purpose

• The bill aims to modify when firearms can be on school property and to require uniform storage for firearms on school property.

Main provisions

• Possession on school property penalties (amending Minnesota Statutes 2024 section 609.66 subdivision 1d):

  • a) If a person knowingly possesses, stores, or keeps a dangerous weapon on school property, they commit a felony, with up to 5 years in prison or a fine up to $10,000, or both.
  • b) If a person knowingly uses or brands a replica firearm or a BB gun on school property, they commit a gross misdemeanor.
  • c) If a person knowingly possesses or stores a replica firearm or a BB gun on school property, they commit a misdemeanor.
  • d) If someone is authorized to carry a firearm (by permit or other means), it is a misdemeanor to carry a firearm on school property in or on their clothes or person in a location they know is school property. In this case, the firearm carried on school property is not subject to forfeiture.

• Definitions and scope (as used in this subdivision):

  • BB gun: A device that fires or ejects a shot of .18 inches or less in diameter.
  • Dangerous weapon: Has the meaning given in section 609.02 subdivision 6.
  • Replica firearm: Has the meaning given in section 609.713.
  • School property: Includes:
  • a) public or private elementary, middle, or secondary school buildings and grounds;
  • b) a licensed child care center during times children are present;
  • c) the area within a school bus when used to transport students to/from school-related activities;
  • d) portions of a building/facility under temporary exclusive control of a school that have conspicuous posted signs;
  • e) portions hosting activities sponsored by the Minnesota State High School League with conspicuous posted signs.
  • Exceptions (f): The rules do not apply to:
  • active licensed peace officers;
  • military personnel on duty;
  • persons authorized to carry a pistol under section 624.714 in a vehicle or outside to place or retrieve it from a trunk;
  • persons who keep or store firearms under sections 624.714, 624.715, or 97B.045;
  • firearms safety or marksmanship courses or activities on school property;
  • ceremonial color guards (gun or knife shows) on school property with written permission;
  • unimproved property owned or leased by a child care center, school, or school district unless a student is present for a school-related activity.
  • Additional provision (g): A school district or certain school-based entities may not regulate firearms, ammunition, or their components in a way inconsistent with these rules for nonstudents and nonemployees.
  • Storage requirements after authorization ends (h): Those authorized to carry on school property must secure and store their firearms when not on duty or not participating in the authorized activity. Storage must be:
  • unloaded;
  • in a locked container, safe, or other secure device that cannot be opened without a key, combination, or electronic code and is built to resist tampering and unauthorized access;
  • placed in a locked trunk or, if there is no trunk, stored out of plain sight within the vehicle.

• Storage and access implications:

  • When off duty or not participating in the activity, the firearm must be stored securely as described, with specific emphasis on preventing access.

Significance and changes to existing law

• Creates a clear framework of penalties for possessing or using firearms, BB guns, or replica firearms on school property, with escalating penalties based on the type of item and the activity.
• Establishes a broad definition of “school property,” covering buildings, grounds, buses, child care centers during operation, and areas hosting certain school-sponsored activities, with posted notice.
• Introduces an explicit allowance for certain individuals (peace officers, military on duty, permit holders under specific conditions) to carry on school property only under defined circumstances, and clarifies that some carry situations are not subject to forfeiture.
• Mandates uniform, secure storage for firearms carried on school property by those who are authorized to carry when they are no longer on duty or no longer part of the authorized activity.

Notable definitions and terms (for clarity)

• dangerous weapon, BB gun, replica firearm, and school property are defined to determine when and how the rules apply.
• “On school property” has a broad scope that includes buildings, grounds, buses, and certain controlled or posted areas tied to school use or activities.
• “Unloaded” and “locked container/safe/secure device” are key terms for the required storage standard.

Relevant terms - school property - dangerous weapon - BB gun - replica firearm - possession - on school property - storage/unloaded - locked container / secure device - on duty / authorized to carry - misdemeanor / gross misdemeanor / felony - peace officer / military personnel - permit holder - Minnesota State High School League - posted signs - exclusion / exceptions - forfeiture (not subject to)