HF132

Purpose

This bill would limit where firearms can be carried during elections. It bans open or concealed carry of firearms within 100 feet of polling places, ballot drop boxes, and counting centers, to improve safety around the voting process.

Main Provisions

• Prohibited locations and times:
  • It is illegal to possess a firearm or replica firearm in a polling place or within 100 feet of any entrance to a building housing a polling place, on the day of an election or when voting is allowed. This rule starts two hours before polls open and ends two hours after polls close.
  • It is illegal to possess a firearm within 100 feet of a ballot drop box during the voting period.
  • It is illegal to possess a firearm within 100 feet of a counting center while the center is being used for processing, tabulation, or canvassing of an active election.
• Definitions included:
  • Polling place, ballot drop box, counting center, firearm, and replica firearm are defined for clarity.
• Exceptions (when the prohibition does not apply):
  • A law enforcement officer performing official duties.
  • Lawful possession of a firearm in a residence, business, or on private property located within 100 feet of a polling place entrance, ballot drop box, or counting center.
  • Lawful possession of a firearm in an occupied vehicle located within 100 feet of a polling place, ballot drop box, or counting center, as long as the firearm is not brandished or removed from the vehicle.
• Affirmative defense:
  • If a person was legally in possession of a firearm and was traveling within 100 feet of a ballot drop box to reach private property located there or to leave private property to go beyond 100 feet, this can be a defense. It is not available if the person engaged in intimidation, interference with the election, or traveled within 100 feet for any purpose other than reaching the permitted destination.
• Penalties:
  • Violating the rule is a misdemeanor.
  • A second violation is a gross misdemeanor.
• Other matters:
  • Prosecution or conviction under this section does not block pursuing or punishing other crimes from the same conduct.
  • The provision does not override applicable federal laws or regulations.

Key Terms and Concepts

• Open carry and concealed carry
• Firearm and replica firearm
• Polling place and designated entrance
• Ballot drop box
• Counting center
• Within 100 feet
• Two hours before opening / two hours after closing
• Designated election official
• Publicly posted
• Affid defensive provisions (affirmative defense)
• Intimidation of voters
• Interference with the election

Significant Changes to Existing Law

• Creates a new statewide prohibition on possessing firearms near polling-related locations during elections.
• Establishes specific distances (100 feet) and time windows around polling places, ballot drop boxes, and counting centers.
• Adds defined terms (polling place, ballot drop box, counting center, replica firearm) to Minnesota Statutes.
• Introduces penalties (misdemeanor and gross misdemeanor for repeated violations) and an affirmative defense framework.
• Clarifies that federal law remains applicable and not overridden by this state law.

Relevant Terms - open carry - concealed carry - polling place - ballot drop box - counting center - within 100 feet - two hours before polls open - two hours after polls close - firearm - replica firearm - designated election official - publicly posted - intimidation of voters - interference with the election - misdemeanor - gross misdemeanor - affirmative defense - federal regulations