2003-05-14 CC Packet - Laserfiche WebLink

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MA\(-02-2003 12: 38 LEAGUE OF MN CITIES P.04/05 7. ProbibitioDS - Postma: A private establislunent, defined as property owned, leased, controlled or operated by a nongovernmental entity for a nongovemmental purpose can prohibit pennit holders from possessins firearms on their property by: a. Prominently posting a 187 sq. inch sign with black Arl-al type at least 1.5 "high stating: "(Id owner/operator) BANS GUNS IN THESE PREMISES" at EVBRY entrance to the establishment; AND b. personally informing the person of the posted request and demanding compliance through its agent JJYll c. asking permit holder to leave. LlmltadoDI aDd problems: · Arguably, a private property owner who allows use oCtile property for a governmental purpose cannot prohibit pennit holders from oarrying weapons on the premises. · A sun-toting permit holder who refuses to leave at the order of the private property owner or his agent only faces a S2S.oo petty misdemeanor and the gun is Dot subject to forfeiture. Arguably, the violator cannot be arrested for failure to comply ~th the request to leave. (New 0624.714, subd. 17). · A second limitation does Dot allow any prohibition on lawful carrying of firearms in parking fagilities or areas. . Moreover, a landlotd cannot restrict the lawful carrying or possession of firearms by tenants or their guests. Although the context of this limitation would sussest that its application was intended in the resid.ential context" rather than the commercial, it is not explicitly so limited.. This raises questions about the MOA's right to restrict carrying by its tenants and their guests. 8. Preemption ofstl'ieter locallaws.1iew f-62_4.Z1~t subd. 17, specifically prohibitsJo~aJ sovemment, through its sherift poJice chiet officials, employees or other persoD or body aCting under color of law or governmental authority, to change. modify or supplement the nevv law's criteria or procedures or limit the exercise of a pcnnit to carry. The effsctil1e dtltll 61,he ".w law I' 30 dtlJ's fro. Itl JJprU 21" IiplD6 or May 28'''. Issue: Ca. mallieipaUtles limit permit holders from earrylllaloaded handg1lns OD City property? Aaswer: Clearly DOt. The ne\v law is very tightly worded on this particular point. The only limitation that can be imposed is in the city's role as an employer. 9624.714, subd. 18 provides that public employers may establish policies that restrict the catTY or possession of firearms by its employees while acting in the course and scope of employment and permits civil employment.related sanctions for rule violations. 3