Circumstances when firearms are permitted on school property modification

A bill for an act

relating to public safety; modifying circumstances when firearms are permitted

on school property; establishing uniform storage requirements for firearms

permitted on school property; amending Minnesota Statutes 2024, section 609.66,

subdivision 1d.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.66, subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property; penalty.

(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 142B 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;
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and
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(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
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; and
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(v) that portion of a building or facility hosting an activity or event sponsored by the

Minnesota State High School League, pursuant to the authority granted to the league in

chapter 128C, where conspicuous signs are prominently posted at each entrance that give

actual notice to persons of the school-related use
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.

(f)
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Except as provided for in paragraph (h),
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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;

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(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
;

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(5)
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(4)
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firearm safety or marksmanship courses or activities conducted on school property;

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(6)
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(5)
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possession of dangerous weapons, BB guns, or replica firearms by a ceremonial

color guard;
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or
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(7)
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(6)
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a gun or knife show held on school property
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;
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.
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(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; 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 activity.

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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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(h) Notwithstanding sections 97B.045, 624.714, and 624.715, a person who is authorized

to carry a firearm on school property pursuant to paragraph (f) must secure and store their

firearms as provided for in this paragraph when the person is no longer in an eligible on-duty

status or not participating in that portion of the activity for which firearm possession is

authorized. Each firearm subject to this paragraph must be secured and stored as follows:

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(1) unloaded;

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(2) in a locked container, safe, or other secure device made to contain a firearm that,

when locked, cannot be readily opened without use of a key, combination, or electronic

code, and that is constructed to resist forced entry, tampering, and unauthorized access; and

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(3) placed in a locked trunk compartment of a motor vehicle or, if the motor vehicle

does not have a trunk compartment with a functioning lock, placed out of plain sight within

the vehicle.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to crimes

committed on or after that date.

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