2003-05-14 CC Packet - Laserfiche WebLink

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As an employer, cities "may establish policies that restrict the carry or possession of fIrearms by its employee while acting in the course and scope of employment." This exception does not apply to parking areas. (This exception is further discussed below.) It is a misdemeanor for an individual to carry a firearm on "school property." "School property" is defmed 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 p~blic 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. 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." 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. 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. In addition, the city may be able to limit weapons on city property where the city has a reasonable basis to suspect an individual constitutes a health or safety risk. For instance if a person has made threats in the past, it may be legitimate for the city to prohibit the individual from possessing a gun on city property. Finally, cities may want to draw a distinction between access to city property and access to city services and personnel. For instance, it may be acceptable to condition participation in city recreation programs on an agreement to disarm. If a city wants to try