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Penalties for guns at school

Published (3/25/2010)
By Mike Cook
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Joseph Olson, left, president of the Gun Owners Civil Rights Alliance of Minnesota, and Plymouth Police Chief Mike Goldstein testify before the House Public Safety Policy and Oversight Committee March 18 in support of a bill that would increase the criminal penalty for possessing dangerous weapons on school property. (Photo by Andrew VonBank)It used to be that a fistfight would solve problems at school; however, some students now use weapons to settle their differences.

Rep. Sandra Peterson (DFL-New Hope) believes judges should have more options in sentencing someone who brings a firearm to a place of learning.

She sponsors HF3423 that would increase the penalty from a gross misdemeanor to a felony for knowingly possessing, storing or keeping a firearm on school grounds. It also decreases the penalty for whoever knowingly “uses or brandishes a replica firearm or a BB gun” on school property from a felony to a gross misdemeanor.

Approved March 18 by the House Public Safety Policy and Oversight Committee, the bill awaits action by the House Public Safety Finance Division. A companion, SF2339, sponsored by Sen. Ann Rest (DFL-New Hope), awaits action by the full Senate.

Plymouth Police Chief Mike Goldstein said when a weapon is brought to school the offense usually results in a school suspension or expulsion and criminal charges. “For those who are convicted of weapons-related offenses on school property, the severity level in this case dealing with firearms is a Level I felony, the lowest felony on the sentencing guidelines chart. … Without a significant criminal history, these criminals face little to no consequences for their actions.” He said bringing a weapon into a courthouse or the Capitol is a severity level four. “We would argue that a school environment should receive the same consideration.”

Rep. Paul Kohls (R-Victoria) called it “a good bill,” but is concerned for the student who unintentionally brings a gun to school, such as leaving a rifle in a vehicle after hunting over the weekend.

With the word “knowingly” in the bill, Peterson said it implies the student knows what they’re doing, and it isn’t just an accident. “We’re talking here about students who come with the intent — the intent — to do bodily harm. I think those are the ones who we need to look at the sentencing guidelines (for) and give the judge more leeway.”

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