Program Information: Restricted use posting statute excerpts
Statute excerpts listed in the School Forest Handbook are the most commonly used statutes and are current as of January 1, 2007. Check for any updates or changes to legislation at www.leg.state.mn.us
Dangerous Weapons, 609.66
Subd. 1d. Possession on school property; penalty. (a) Except as provided under paragraphs (c) and (e), whoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a BB gun on school property is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (a) or (b), 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.
(d) 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 245A 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; and
(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.
(e) This subdivision does not apply to:
(1) licensed peace officers, military personnel, or students participating in military training, who are on-duty, performing official duties;
(2) 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;
(3) 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;
(4) firearm safety or marksmanship courses or activities conducted on school property;
(5) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
(6) a gun or knife show held on school property;
(7) 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
(8) 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.
(f) 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.
Subd. 4. Entering posted land prohibited; signs.
(a) Except as provided in subdivision 6, a person may not enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee.
(b) The owner, occupant, or lessee of private land, or an authorized manager of public land may prohibit outdoor recreation on the land by posting signs once each year that:
(1) state "no trespassing" or similar terms;
(2) display letters at least two inches high;
(i) are signed by the owner, occupant, lessee, or authorized manager; or
(ii) include the legible name and telephone number of the owner, occupant, lessee, or authorized manager; and
(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded area where boundary lines are not clear, at intervals of 500 feet or less; or
(ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.
(c) A person may not erect a sign that prohibits outdoor recreation or trespassing where the person does not have a property right, title, or interest to use the land.