SF4589

Purpose

This bill aims to regulate the carrying of firearms on campuses of public postsecondary institutions in Minnesota. It allows certain entities to set policies about firearms, imposes penalties for violations, and creates a specific exception related to parking facilities.

Main Provisions

• Employers and private/public employers: May establish policies that restrict the carry or possession of firearms by employees while they are working, with employment-related civil sanctions for violations.
• Public postsecondary institutions (under chapters 136F or 137): May establish policies that restrict the carry or possession of firearms by students while on campus, with academic sanctions for violations.
• Visitors: Public postsecondary institutions may establish policies that restrict the carry or possession of firearms by visitors on campus; someone carrying in violation may be ordered to leave the premises, and failing to leave can result in a petty misdemeanor. The first offense carries a fine not to exceed $500.
• Forfeiture: A firearm carried in violation of these provisions is not subject to forfeiture under the applicable law (609.531).
• Parking facilities: Despite the above restrictions, an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

Changes to Existing Law

• Adds and details that employers, students, employees, and visitors may be subject to campus- or institution-specific policies limiting firearm carry/possession, with specified sanctions for violations.
• Establishes a formal process (order to leave) and penalties (petty misdemeanor, up to $500 on first offense) for violations by visitors.
• Introduces a clear exception that parking facilities may not be restricted from lawful firearms carry/possession, despite campus policies elsewhere.
• Specifies that firearms violative of these policies are not forfeitable.

Enforcement and Penalties

• Employees who violate employment-related policies may be subject to civil sanctions.
• Students who violate campus policies may face academic sanctions.
• Visitors who violate campus policies may be ordered to leave; failure to comply is a petty misdemeanor with a first-offense fine cap of $500.
• Firearms involved in violations are not subject to forfeiture.

Parking Facility Carve-Out

• The bill preserves the right to lawful firearms carry/possession in parking facilities or parking areas, even if campus policies restrict firearms elsewhere on property.

Practical Impact

• Public colleges and universities could implement campus-specific firearm policies for students and visitors, with disciplinary and potential legal consequences for violations.
• Employers can implement workplace firearms policies affecting employees on campus or work sites.
• Individuals may carry firearms in parking areas, but not in other campus areas where policies restrict carrying.

Relevant Terms - firearms, carry, possession - employees, course and scope of employment - visitors, students - public postsecondary institution, campus property - parking facility, parking area - academic sanctions, employment-related civil sanctions - petty misdemeanor, leave premises, fine (not to exceed $500) - forfeiture, 609.531 - policy, violation, compliance