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2 <br /> <br />Can cities prohibit guns on city property? <br /> <br />No, ~th some limited exceptions. While the law allows private property owners, who follow a <br />specific set of procedures, to request that guns not be brought into a "private establishment," the <br />law does not generally afford cities the same ability. For example, a private business may <br />prohibit the carrying of guns on its premises if the business "prominently" posts a "conspicuous" <br />si~ at each entrance to the establishment stating that the "(N.~v~E OF OPERATOR) BANS <br />GUNS IN THESE PREMISES." In addition, the business owner or their agent must personally <br />inform "the person of the posted request, and demand compliance." Again, cities.do not have a <br />similar ability to "post, their facilities. <br /> <br />The situations in which cities ma5, limit guns on ciD' property appear to be limited to the <br />following circumstances: <br /> <br />Employees. As an employer, cities "may establish policies that restrict the can'), or <br />possession of firearms by its employees while acting in the course and scope of <br />employment." The exception does not apply to parking areas. (This exception is further <br />discussed below.) <br /> <br />Property used for "school purposes." It is a misdemeanor for an individual to carry a <br />firearm on "school property." "School properg," is defined as including "a public or private <br />elementaD,, middle, or secondary school building and its improved grounds, whether leased <br />or owned by the school; a child care center licensed under chapter 245A during the period <br />children are present and participating in child care programs;.., and that portion of a <br />building or facilib, under the temporary, exclusive control of a public or private school, a <br />school district, or an association of such entities where conspicuous signs are prominently <br />posted at each entrance that give actual notice to persons of the school related use." <br />Accordingly, if city property is being used for any of these defined school related purposes, <br />guns are prohibited. <br /> <br />Private use of eiB, properD,. A private part5, that leases space in ciD, buildings or facilities <br />may prohibit firearms in the leased spaced by following the posting and notice requirements <br />described above. The city may also be able to condition the private use of city facilities on an <br />a~eement to ban guns. However, as a landlord, the ci~ may not restrict the "lawful carry or <br />possession of firearms by tenants or their guests." <br /> <br />Persons under the influence of alcohol. A person is prohibited from carrying a pistol in a <br />public place while under influence of drugs or alcohol, or where the person's blood alcohol <br />concentration is more than 0.04. This exception may have particular applicability to <br />municipal liquor establishments. Consumption of one or two alcoholic beverages can often <br />put a person's blood alcohol level above 0.04. So, although municipal liquor stores do not <br />have the same abitib, to "post" their premises as private establishments, it might be <br />permissible for a municipal liquor store (particularly on-sale facility) to adopt a policy <br />requiring customers to disclose whether they are carrying a gun. <br /> <br />As an alternative to attempting to ban guns on city property, the ciB, may want to consider <br />posting portions of ciD' facilities as "authorized personnel only." This would make it a trespass <br />Violation for an indh,idual to go into areas of ciD, halt that are not normally accessible to the <br />public. <br /> 145 Umversity Avenue XX~est · St. Paul, MN 55103-2044 · (651) 281-1200 * (800) 925-~ 122 · um,,x,.lmnc.org <br /> <br /> <br />