SF471

Purpose

The bill aims to improve safety in public libraries by prohibiting the possession of dangerous weapons inside library buildings and establishing criminal penalties for violations.

Main provisions

• Adds a new subdivision (1i) to Minnesota Statutes 609.66 about possession of dangerous weapons in certain places, specifically inside a public library building.
• Definitions:
  • dangerous weapon: defined as in Minnesota Statutes 609.02, subdivision 6.
  • public library: defined as in Minnesota Statutes 134.001, subdivision 2.
• Penalty for possession in libraries:
  • If a person knowingly possesses, stores, or keeps a dangerous weapon inside a public library building, they commit a felony, with potential penalties of up to 5 years in prison, a fine up to $10,000, or both.
• Exceptions and special rules:
  • If a person is authorized to carry a firearm under a permit or other authority, it is a misdemeanor to carry a firearm on or about their person inside a public library building (rather than a felony).
  • Firearms carried in violation of this misdemeanor are not subject to forfeiture under the relevant forfeiture statute.
  • The new subdivision does not apply to licensed peace officers.

Significant changes to existing law

• Creates a new felony penalty for possessing a dangerous weapon in a public library, broadening criminal penalties for such conduct.
• Introduces a separate, less severe misdemeanor penalty for individuals who are legally authorized to carry firearms when they carry inside a public library.
• Establishes an exception for licensed peace officers, who are not subject to the new penalties.
• Includes a forfeiture exception, stating that firearms carried in violation of the library carry provision are not subject to forfeiture.

Definitions and scope

• Clarifies what counts as a dangerous weapon (as defined in 609.02, subd. 6) and what counts as a public library (as defined in 134.001, subd. 2).
• Applies specifically to “inside a public library building.”

Penalties and enforcement (summary)

• Felony: up to 5 years imprisonment or up to $10,000 fine or both when a non-authorized person possesses a dangerous weapon in a library.
• Misdemeanor: for those authorized to carry firearms, carrying a firearm inside a library is a misdemeanor, not a felony.
• Not subject to forfeiture: firearms carried in violation of the library carry provision are not subject to forfeiture.
• Peace officers: exempt from the subdivision’s penalties.

Practical impact

• Libraries may see enhanced safety measures and clearer rules about weapons inside their buildings.
• People who are not legally allowed to carry weapons in a library could face felony charges, while those with firearm permits would face a misdemeanor for carrying inside a library.
• Peace officers remain exempt, maintaining their current authority in library settings.

Relevant Terms dangerous weapon, firearm, public library, possession, felony, misdemeanor, imprisonment, fine, permit to carry, licensed peace officers, forfeiture, 609.66, 609.02, 134.001, Notwithstanding