Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; allowing permitted and trained school staff to carry
3	3	1.3 firearms; amending Minnesota Statutes 2024, sections 609.66, subdivision 1d;
4	4	1.4 624.714, subdivision 18, by adding a subdivision; proposing coding for new law
5	5	1.5 in Minnesota Statutes, chapter 299C.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. [299C.26] ACTIVE SHOOTER FIREARM TRAINING; SCHOOL
8	8	1.8TEACHERS AND EMPLOYEES.
9	9	1.9 (a) The superintendent of the Bureau of Criminal Apprehension, in consultation with
10	10	1.10security and law enforcement experts with appropriate qualifications and experience in
11	11	1.11responding to active shooter situations, must establish a school and postsecondary institution
12	12	1.12teacher and employee firearm training program that includes at a minimum training in active
13	13	1.13shooter situations. The bureau must offer the training to teachers and other school and
14	14	1.14postsecondary institution employees at least once a year. The bureau may contract with a
15	15	1.15private organization to provide the training under this paragraph.
16	16	1.16 (b) The training must be provided at no cost to teachers and other employees of public
17	17	1.17elementary, middle, and secondary schools; charter schools under chapter 124E; and
18	18	1.18postsecondary institutions under chapter 136F or 137. The training program must admit
19	19	1.19only school and postsecondary institution teachers and employees who have completed
20	20	1.20training for a permit to carry under section 624.714 within one year of the date of attending
21	21	1.21the training under this section or have a permit to carry under section 624.714.
22	22	1.22 (c) For the purposes of this section:
23	23	1.23 (1) "teacher" has the meaning given in section 122A.06, subdivision 2; and
24	24	1Section 1.
25	25	25-01035 as introduced12/12/24 REVISOR KLL/DG
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 399NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: KORAN, Wesenberg, Lieske and Lucero)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading01/21/2025
32	32	Referred to Judiciary and Public Safety 2.1 (2) "employee" has the meaning given in section 181.931, subdivision 2.
33	33	2.2 EFFECTIVE DATE.This section is effective the day following final enactment.
34	34	2.3 Sec. 2. Minnesota Statutes 2024, section 609.66, subdivision 1d, is amended to read:
35	35	2.4 Subd. 1d.Possession on school property; penalty.(a) Except as provided under
36	36	2.5paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while
37	37	2.6knowingly on school property is guilty of a felony and may be sentenced to imprisonment
38	38	2.7for not more than five years or to payment of a fine of not more than $10,000, or both.
39	39	2.8 (b) Whoever uses or brandishes a replica firearm or a BB gun while knowingly on school
40	40	2.9property is guilty of a gross misdemeanor.
41	41	2.10 (c) Whoever possesses, stores, or keeps a replica firearm or a BB gun while knowingly
42	42	2.11on school property is guilty of a misdemeanor.
43	43	2.12 (d) Notwithstanding paragraph (a), (b), or (c), it is a misdemeanor for a person authorized
44	44	2.13to carry a firearm under the provisions of a permit or otherwise to carry a firearm on or
45	45	2.14about the person's clothes or person in a location the person knows is school property.
46	46	2.15Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
47	47	2.16subject to forfeiture.
48	48	2.17 (e) As used in this subdivision:
49	49	2.18 (1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less
50	50	2.19in diameter;
51	51	2.20 (2) "dangerous weapon" has the meaning given it in section 609.02, subdivision 6;
52	52	2.21 (3) "replica firearm" has the meaning given it in section 609.713; and
53	53	2.22 (4) "school property" means:
54	54	2.23 (i) a public or private elementary, middle, or secondary school building and its improved
55	55	2.24grounds, whether leased or owned by the school;
56	56	2.25 (ii) a child care center licensed under chapter 142B during the period children are present
57	57	2.26and participating in a child care program;
58	58	2.27 (iii) the area within a school bus when that bus is being used by a school to transport
59	59	2.28one or more elementary, middle, or secondary school students to and from school-related
60	60	2.29activities, including curricular, cocurricular, noncurricular, extracurricular, and supplementary
61	61	2.30activities; and
62	62	2Sec. 2.
63	63	25-01035 as introduced12/12/24 REVISOR KLL/DG 3.1 (iv) that portion of a building or facility under the temporary, exclusive control of a
64	64	3.2public or private school, a school district, or an association of such entities where conspicuous
65	65	3.3signs are prominently posted at each entrance that give actual notice to persons of the
66	66	3.4school-related use.
67	67	3.5 (f) This subdivision does not apply to:
68	68	3.6 (1) active licensed peace officers;
69	69	3.7 (2) military personnel or students participating in military training, who are on-duty,
70	70	3.8performing official duties;
71	71	3.9 (3) persons authorized to carry a pistol under section 624.714 while in a motor vehicle
72	72	3.10or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or
73	73	3.11rear area of the vehicle;
74	74	3.12 (4) persons who keep or store in a motor vehicle pistols in accordance with section
75	75	3.13624.714 or 624.715 or other firearms in accordance with section 97B.045;
76	76	3.14 (5) firearm safety or marksmanship courses or activities conducted on school property;
77	77	3.15 (6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial
78	78	3.16color guard;
79	79	3.17 (7) a gun or knife show held on school property;
80	80	3.18 (8) possession of dangerous weapons, BB guns, or replica firearms with written
81	81	3.19permission of the principal or other person having general control and supervision of the
82	82	3.20school or the director of a child care center; or
83	83	3.21 (9) persons who are on unimproved property owned or leased by a child care center,
84	84	3.22school, or school district unless the person knows that a student is currently present on the
85	85	3.23land for a school-related activity.; or
86	86	3.24 (10) teachers and employees of public elementary, middle, and secondary schools; charter
87	87	3.25schools under chapter 124E; and postsecondary institutions under chapter 136F or 137 who
88	88	3.26have a school permit to carry under section 624.714, subdivision 8b.
89	89	3.27 (g) Notwithstanding section 471.634, a school district or other entity composed
90	90	3.28exclusively of school districts may not regulate firearms, ammunition, or their respective
91	91	3.29components, when possessed or carried by nonstudents or nonemployees, in a manner that
92	92	3.30is inconsistent with this subdivision.
93	93	3.31 EFFECTIVE DATE.This section is effective the day following final enactment.
94	94	3Sec. 2.
95	95	25-01035 as introduced12/12/24 REVISOR KLL/DG 4.1 Sec. 3. Minnesota Statutes 2024, section 624.714, is amended by adding a subdivision to
96	96	4.2read:
97	97	4.3 Subd. 8b.School permit to carry.(a) A teacher or other employee of a public
98	98	4.4elementary, middle, or secondary school; charter school under chapter 124E; or postsecondary
99	99	4.5institution under chapter 136F or 137 may apply to the sheriff of the county where the
100	100	4.6teacher or employee resides for a school permit to carry. A nonresident as defined in section
101	101	4.7171.01, subdivision 42, who is a teacher or other employee of a public elementary, middle,
102	102	4.8or secondary school; charter school under chapter 124E; or postsecondary institution under
103	103	4.9chapter 136F or 137, may apply to any sheriff.
104	104	4.10 (b) Unless a sheriff denies a permit under the exception in subdivision 6, paragraph (a),
105	105	4.11clause (3), a sheriff must issue a school permit to carry to an applicant if, at the time of
106	106	4.12submitting an application to the sheriff, the applicant:
107	107	4.13 (1) is employed as a teacher or other employee of a public elementary, middle, or
108	108	4.14secondary school; charter school under chapter 124E; or postsecondary institution under
109	109	4.15chapter 136F or 137;
110	110	4.16 (2) either has a permit to carry or is applying for the permit to carry simultaneously with
111	111	4.17the school permit to carry;
112	112	4.18 (3) has successfully completed the training program under section 299C.26 within one
113	113	4.19year of the date of the application for the school permit to carry;
114	114	4.20 (4) completes an application for a school permit to carry; and
115	115	4.21 (5) is not prohibited from carrying under subdivision 2, paragraph (b), clauses (4) and
116	116	4.22(5).
117	117	4.23 (c) The commissioner shall adopt statewide standards governing the form and contents
118	118	4.24of the application for a school permit to carry. The requirements, form, and contents of the
119	119	4.25application and application process must include, at a minimum, the requirements, form,
120	120	4.26and contents of the application and application process required under subdivision 3 for a
121	121	4.27permit to carry.
122	122	4.28 (d) The sheriff may charge a processing fee for a permit application under this subdivision
123	123	4.29in an amount not to exceed the actual and reasonable direct cost of processing the application
124	124	4.30or $100, whichever is less. Of this amount, $10 must be submitted to the commissioner and
125	125	4.31deposited into the general fund.
126	126	4Sec. 3.
127	127	25-01035 as introduced12/12/24 REVISOR KLL/DG 5.1 (e) The application content and process for a school permit to carry may be combined
128	128	5.2with the content and process for an applicant applying for a permit to carry under subdivision
129	129	5.33.
130	130	5.4 (f) An investigation and background check of the applicant must be conducted according
131	131	5.5to subdivision 4.
132	132	5.6 (g) A school permit to carry must be on an official, standardized permit card adopted
133	133	5.7by the commissioner, containing only the name, residence, and driver's license number or
134	134	5.8state identification card number of the permit holder, if any, and that the card is a school
135	135	5.9permit to carry. The permit card must also identify the issuing sheriff and state the expiration
136	136	5.10date of the permit. The permit card must clearly display a notice that a permit, if granted,
137	137	5.11is void and must be immediately returned to the sheriff if the permit holder becomes
138	138	5.12prohibited by law from possessing a firearm.
139	139	5.13 (h) A school permit to carry issued under this subdivision expires one year after the date
140	140	5.14of issue. It may be renewed in the same manner and under the same criteria which the
141	141	5.15original permit was obtained.
142	142	5.16 (i) Unless stated otherwise in this subdivision, the other provisions in this section that
143	143	5.17apply to an applicant for a permit to carry also apply to an applicant for a school permit to
144	144	5.18carry.
145	145	5.19 EFFECTIVE DATE.This section is effective the day following final enactment.
146	146	5.20 Sec. 4. Minnesota Statutes 2024, section 624.714, subdivision 18, is amended to read:
147	147	5.21 Subd. 18.Employers; public colleges and universities.(a) An employer, whether
148	148	5.22public or private, may establish policies that restrict the carry or possession of firearms by
149	149	5.23its employees while acting in the course and scope of employment. Employment related
150	150	5.24civil sanctions may be invoked for a violation.
151	151	5.25 (b) A public postsecondary institution regulated under chapter 136F or 137 may establish
152	152	5.26policies that restrict the carry or possession of firearms by its students while on the
153	153	5.27institution's property. Academic sanctions may be invoked for a violation.
154	154	5.28 (c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution
155	155	5.29may not prohibit the lawful carry or possession of firearms in a parking facility or parking
156	156	5.30area.
157	157	5.31 (d) This subdivision does not apply to teachers and employees authorized to carry firearms
158	158	5.32under section 609.66, subdivision 1d, paragraph (f).
159	159	5Sec. 4.
160	160	25-01035 as introduced12/12/24 REVISOR KLL/DG 6.1 EFFECTIVE DATE.This section is effective the day following final enactment.
161	161	6Sec. 4.
162	162	25-01035 as introduced12/12/24 REVISOR KLL/DG