Complying With Minnesota's New Conceal and Carry Law
By: MARY M. KRAKOW
September 2003
The Minnesota Citizens' Personal Protection Act of 2003, commonly referred to as the "Conceal and Carry Law," has generated considerable attention. The Act authorizes a permit holder to carry a pistol into a bank, among other places. It is estimated that under the new law the number of permit holders may increase from approximately 12,000 to as many as 90,000 or more.
So, while the possibility of a bank customer or visitor lawfully "packing heat" is not new, if the number of permit holders increases as predicted, the likelihood of such an occurrence also will increase. Like all businesses, banks need to determine what, if any, action to take in response to the Act in connection with their overall security program. Banks must meet certain statutory requirements to prohibit their employees from possessing guns in the bank's buildings and different requirements to prohibit the bank's customers and other visitors from possessing guns in the bank's buildings.
Restricting Employees
Banks wishing to prohibit employees, including permit holders, from carrying or possessing firearms while acting in the course and scope of their employment both on and off bank premises should adopt and distribute a written, no-weapons policy. The policy may include other desired prohibitions regarding violence or threats of violence and the consequences for failure to comply, including possible termination. Banks also may want to reserve the right to conduct searches to ensure compliance with the policy, although doing so can be controversial.
Restricting Customers and Other Visitors
Banks may prohibit customers and other visitors from bringing firearms into the bank building only by making a "reasonable request," which must include all of the following:
- A sign containing the following language must be posted at every entrance: [IDENTITY OF OPERATOR] BANS GUNS IN THESE PREMISES
- The sign must be readily visible and within four feet laterally of each entrance with the bottom of the sign at a height of four to six feet above the floor.
- The lettering of the sign must be in black arial typeface at least one and one-half inches in height against a bright contrasting background that is at least 187 square inches in area.
- The requester or its agent also must personally inform the person of the posted request and demand compliance.
The required personal notice may be either written or oral and may be given to all who enter or only to those who are suspected of carrying a gun. Upon meeting the reasonable request requirements, the bank may order the violator to leave the premises. A person who then fails to leave is guilty of a petty misdemeanor and subject to a fine not to exceed $25 for a first offense but may not be required to forfeit his or her firearm. This prohibition does not apply to an on-duty peace officer or security guard acting in the course and scope of employment.
Banks, including those with their own security force, should implement and train their personnel about when and how to approach a suspected violator, including whether and when to call local law enforcement. Banks also should consider whether to amend their vendor contracts to prohibit vendor employees from bringing guns onto the bank's premises.
Limitations on Parking Lots and Landlords
The Act prohibits private establishments from banning the lawful carrying or possession of firearms in a parking facility or parking area. So, while banks may prohibit employees, customers and other visitors from bringing guns into the bank building, banks may not prohibit the same individuals from possessing a firearm in the bank's parking lot. Banks that are landlords should note that the Act also prohibits landlords from restricting the lawful carrying or possession of firearms by tenants or their guests.