Possession On School Property (609.66)

[MasonK]

I'm reviewing the statutes to stay current on the law and after searching a number of message boards I'm a little uncertain about this. Also, when this topic has been referenced on boards, the statute is cited, but not the part I'm curious about.

Subd. 1d.Possession on school property; penalty. (a) Except as provided under paragraphs (d) and (f), whoever possesses, stores, or keeps a dangerous weapon while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
...
(d) Notwithstanding paragraph (a), (b), or (c), 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.
...
(f) This subdivision does not apply to:
...
(3) 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. [emphasis mine]

Question being- if a person is dropping their child off at the school and they do NOT leave the car, or they exit the car IMMEDIATELY lock their weapon in the trunk before entering the school building, are they within the law?

As I mentioned, during my review of different threads on different boards I have seen very different interpretations of this statute, usually going in the direction of schools in MN being a 100% restricted zone under paragraph (d). From what I read, paragraph (f) almost never came up.

[ttousi]

yes ........per #3

[TTS]

persons authorized to carry a pistol under section 624.714 while in a motor vehicle

It is right there.... Don't read too much into it. If you are in the car you are good to go. If you are out of the car and placing your firearm in a safe or the trunk you are good to go.

If you get out to walk your kid in, you are breaking the law. If you get out of the car to have a smoke, you are breaking the law. If you get out to talk to a teacher, you are breaking the law.

[MasonK]

persons authorized to carry a pistol under section 624.714 while in a motor vehicle

It is right there.... Don't read too much into it. If you are in the car you are good to go. If you are out of the car and placing your firearm in a safe or the trunk you are good to go.

Thanks! That's what I thought, but the MN DPS FAQ doesn't list exceptions, it merely says "Prohibited" with "School Property" being the first bullet point.

[bstrawse]

persons authorized to carry a pistol under section 624.714 while in a motor vehicle

It is right there.... Don't read too much into it. If you are in the car you are good to go. If you are out of the car and placing your firearm in a safe or the trunk you are good to go.

Thanks! That's what I thought, but the MN DPS FAQ doesn't list exceptions, it merely says "Prohibited" with "School Property" being the first bullet point.

Their FAQ has multiple inaccuracies - like this one - that have been pointed out to them - they are not interested in making those corrections... :/

[billsnogo]

I was told in my permit to carry class that even having the firearm in your vehicle in a school parking lot is illegal, and that we would have to park on city streets. Had my instructor misinformed us?

[matthew.allen]

I was told in my permit to carry class that even having the firearm in your vehicle in a school parking lot is illegal, and that we would have to park on city streets. Had my instructor misinformed us?

yes

[bstrawse]

I was told in my permit to carry class that even having the firearm in your vehicle in a school parking lot is illegal, and that we would have to park on city streets. Had my instructor misinformed us?

Your instructor is completely misinformed. Who was it?
b

[cobb]

I was told in my permit to carry class that even having the firearm in your vehicle in a school parking lot is illegal, and that we would have to park on city streets. Had my instructor misinformed us?

yes

Your instructor is wrong and based on that bit of mis-information, I would scrutinize other points of law that instructor informed you on.

[JoeH]

I was told in my permit to carry class that even having the firearm in your vehicle in a school parking lot is illegal, and that we would have to park on city streets. Had my instructor misinformed us?

Hopefully you didn't misunderstand him. I'm not saying you did. But that instruction would put him in the running for the worst carry instructor ever.


Joe

[cobb]

But that instruction would put him in the running for the worst carry instructor ever.


Joe

Now that may be a stretch as being the worse, but I would agree wrong on a simple point of the law and should know better. I would be curious as to if self certified or certified by another organization. From what I have experienced, I bet certified and training under another organization.

[Paul]

But that instruction would put him in the running for the worst carry instructor ever.


Joe

Now that may be a stretch as being the worse, but I would agree wrong on a simple point of the law and should know better. I would be curious as to if self certified or certified by another organization. From what I have experienced, I bet certified and training under another organization.

I'm not saying this applies to the OP, but when I hear stuff like this I always consider the possibility that the student simply misunderstood the instructor or forgot a specific detail. A lot of information is covered in a relatively short period of time.

[cobb]

I always consider the possibility that the student simply misunderstood the instructor or forgot a specific detail.....

I should have stated that as a very real possibility. There has a been a few times in the past that someone that has gone through my class was positive that I said "X", when I presented "Y". A good friend of mine totally misunderstood what I presented when confronted with a LEO stop, my position and opinion that I present in class has never changed, but he perceived the exact opposite.

[MasonK]

I'm not saying that Paul is wrong about not understanding- I'm certain there is a lot of that given the volume of information thrown at the student.

My point is that in researching the issue (this is my kids first year in school so I just never had prior reason to be on school property so I considered it an enumerated restricted zone) I found many conflicting opinions. As for the DPS website, that bullet point is repeated on a carry laws FAQ on at least one of MNGT instructor's own website, as well as in my handouts from my carry class (different company).

I'm not here to bust chops about FAQ content, though. I just wanted to bring up a topic that I felt was misrepresented or poorly worded in the carry community and various websites.

[TTS]

I'm not saying that Paul is wrong about not understanding- I'm certain there is a lot of that given the volume of information thrown at the student.

My point is that in researching the issue (this is my kids first year in school so I just never had prior reason to be on school property so I considered it an enumerated restricted zone) I found many conflicting opinions. As for the DPS website, that bullet point is repeated on a carry laws FAQ on at least one of MNGT instructor's own website, as well as in my handouts from my carry class (different company).

I'm not here to bust chops about FAQ content, though. I just wanted to bring up a topic that I felt was misrepresented or poorly worded in the carry community and various websites.

The BCA FAQ isn't wrong, it just doesn't go into the detail that a carry class does. Carrying on school property is prohibited, except:

3) 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.

Thank you for bringing up the mistake on my site, I copied and pasted from BCA. Here is the updated FAQ:

Q:Where am I prohibited from carrying my pistol?
A:
School property (with exceptions)
A childcare center while children are present
Public colleges and universities – may have policy restricting the carrying of weapons on their premises by employees and students while on campus (not illegal, just against policy; you can be fired or kicked out of school)
Private establishments that have posted a sign banning guns on their premises (and ask you to leave)
Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance
Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees (not illegal, but you can be fired for carrying when prohibited)
State correctional facilities or state hospitals and grounds (MN Statute 243.55)
Any jail, lockup or correctional facility (MN Statute 641.165)
Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
Any state building in the Capitol Area of St. Paul described in MN Statute Chapter 15B unless the commissioner of public safety is notified (MN Statute 609.66)
In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)