CCP 07-21-2003 - Laserfiche WebLink

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e e e 2 Can cities prohibit guns on city property? No, with some limited exceptions. While the law allows private property owners, who follow a specific set of procedures, to request that guns not be brought into a "private establishment," the law does not generally afford cities the same ability. For example, a private business may prohibit the carrying of guns on its premises if the business "prominently" posts a "conspicuous" sign at each entrance to the establishment stating that the "(NAME OF OPERA TOR) BANS GUNS IN THESE PREMISES." In addition, the business owner or their agent must personally inform "the person of the posted request, and demand compliance." Again, cities do not have a similar ability to "post" thcir facilities. The situations in which cities may limit guns on city property appear to be limited to the following circumstances: . Employees. As an employer, cities "may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." The exception does not apply to parking areas. (This exception is further discussed below.) . Property used for "school purposes." It is a misdemeanor for an individual to carry a firearm on "school property." "School property" is defined as including "a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school; a child care center licensed under chapter 245A during the period children are present and participating in child care programs; . . . and 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." Accordingly, if city property is being used for any of these defined school related purposes, guns are prohibited. . Private use of city property. A private party that leases space in city buildings or facilities may prohibit firearms in the leased spaced by following the posting and notice requirements described above. The city may also be able to condition the private use of city facilities on an agreement to ban guns. However, as a landlord, the city may not restrict the "lawful carry or possession of firearms by tenants or their guests." . Persons under the influence of alcohol. A person is prohibited from carrying a pistol in a public place while under influence of drugs or alcohol, or where the person's blood alcohol concentration is more than 0.04. This exception may have particular applicability to municipal liquor establishments. Consumption of one or two alcoholic beverages can often put a person's blood alcohol level above 0.04. So, although municipal liquor stores do not have the same ability to "post" their premises as private establishments, it might be pennissible for a municipal liquor store (particularly on-sale facility) to adopt a policy requiring customers to disclose whether they are carrying a gun. As an alternative to attempting to ban guns on city property, the city may want to consider posting portions of city facilities as "authorized personnel only." This would make it a trespass violation for an individual to go into areas of city hall that are not normally accessible to the public. 145 University Avenue West 0 St. Paul, MN 55103-2044 0 (651) 281-12000 (800) 925-1122 0 www.hnnc.org