HF 1646

as introduced - 90th Legislature (2017 - 2018) Posted on 03/03/2017 08:52am

A bill for an act
relating to public safety; requiring motor vehicle registration information for
permits to carry a pistol; allowing peace officers access to identify permit holders
through motor vehicle registration records; amending Minnesota Statutes 2016,
sections 168.0185; 168.346, subdivisions 1, 2; 624.714, subdivisions 3, 6, 7a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 168.0185, is amended to read:

168.0185 RECORD OF VEHICLE REGISTRATION; DISCLOSURE.

(a) The commissioner shall keep a record of all registered vehicles according to (1)
registration plate number, (2) name of the registered owner, (3) new text begin whether the registered owner
has a permit to carry a pistol under section 624.714, and (4) new text end make of vehicle and the vehicle's
identification number, for a vehicle so identified, or, if none, the vehicle's serial number
until the manufacturer adopts and uses a vehicle identification number.

(b) The commissioner shall furnish to any person applying for a copy of the registration,
a copy as specified in section 168.327.

(c) The commissioner shall also furnish vehicle registration records, without charge, to
chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
with the power to arrest.

Sec. 2.

Minnesota Statutes 2016, section 168.346, subdivision 1, is amended to read:

Subdivision 1.

Vehicle registration data; federal compliance.

(a) Data on an individual
provided deleted text begin to register a deleted text end new text begin in connection with motor new text end vehicle new text begin registration new text end shall be treated as
provided by United States Code, title 18, section 2721, as in effect on May 23, 2005, and
shall be disclosed as required or permitted by that section. The commissioner shall disclose
the data in bulk form to an authorized recipient upon request for any of the permissible uses
described in United States Code, title 18, section 2721.

(b) The registered owner of a vehicle who is an individual may consent in writing to the
commissioner to disclose the individual's personal information exempted by United States
Code, title 18, section 2721, to any person who makes a written request for the personal
information. If the registered owner is an individual and so authorizes disclosure, the
commissioner shall implement the request.

(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.

new text begin (d) Notwithstanding paragraphs (a) to (c), data related to a permit to carry a pistol under
section 624.714 held by a registered owner is classified as "private data on individuals" as
defined in section 13.02, subdivision 12, and may only be provided to requesting law
enforcement agencies.
new text end

Sec. 3.

Minnesota Statutes 2016, section 168.346, subdivision 2, is amended to read:

Subd. 2.

Personal information disclosure for public safety.

The commissioner shall
disclose personal information when the use is related to the operation or use of a vehicle or
to public safety. The use of personal information is related to public safety if it concerns
the physical safety or security of drivers, vehicles, pedestrians, new text begin peace officers, new text end or property.
The commissioner may refuse to disclose data under this subdivision when the commissioner
concludes that the requester is likely to use the data for illegal, improper, or noninvestigative
purposes.

Sec. 4.

Minnesota Statutes 2016, section 624.714, subdivision 3, is amended to read:

Subd. 3.

Form and contents of application.

(a) Applications for permits to carry must
be an official, standardized application form, adopted under section 624.7151, and must set
forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, new text begin license plate number of
each motor vehicle registered in the applicant's name, if any, new text end and driver's license number
or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all Minnesota
residences of the applicant in the last five years, though not including specific addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the applicant
in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the sheriff of commitment
information about the applicant maintained by the commissioner of human services or any
similar agency or department of another state where the applicant has resided, to the extent
that the information relates to the applicant's eligibility to possess a firearm; and

(6) a statement by the applicant that, to the best of the applicant's knowledge and belief,
the applicant is not prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),
that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state identification
card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,
must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The sheriff may charge a new application processing fee in an amount not to exceed
the actual and reasonable direct cost of processing the application or $100, whichever is
less. Of this amount, $10 must be submitted to the commissioner and deposited into the
general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant is
required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
or documentation beyond that specifically required by this subdivision. This paragraph does
not apply to alternate training evidence accepted by the sheriff under subdivision 2a,
paragraph (d).

(h) Forms for new and renewal applications must be available at all sheriffs' offices and
the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder is or becomes prohibited
by law from possessing a firearm. The notice must list the applicable state criminal offenses
and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the sheriff must provide
a signed receipt indicating the date of submission.

Sec. 5.

Minnesota Statutes 2016, section 624.714, subdivision 6, is amended to read:

Subd. 6.

Granting and denial of permits.

(a) The sheriff must, within 30 days after the
date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant
failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a substantial likelihood that the
applicant is a danger to self or the public if authorized to carry a pistol under a permit.

(b) Failure of the sheriff to notify the applicant of the denial of the application within
30 days after the date of receipt of the application packet constitutes issuance of the permit
to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny
the application, the sheriff must provide the applicant with written notification and the
specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including
the source of the factual basis. The sheriff must inform the applicant of the applicant's right
to submit, within 20 business days, any additional documentation relating to the propriety
of the denial. Upon receiving any additional documentation, the sheriff must reconsider the
denial and inform the applicant within 15 business days of the result of the reconsideration.
Any denial after reconsideration must be in the same form and substance as the original
denial and must specifically address any continued deficiencies in light of the additional
documentation submitted by the applicant. The applicant must be informed of the right to
seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to
the applicant by first class mail unless personal delivery has been made. Within five business
days, the sheriff must submit the information specified in subdivision deleted text begin 7, paragraph (a) deleted text end new text begin 3,
paragraph (a), clause (1) new text end , to the commissioner for inclusion deleted text begin solely deleted text end in new text begin only new text end the database
required under subdivision 15, paragraph (a) new text begin , and the record of vehicle registration under
section 168.0185, paragraph (a), clause (3) new text end . The sheriff must transmit the information in a
manner and format prescribed by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended or
revoked, the sheriff must submit information to the commissioner regarding the suspension
or revocation for inclusion solely in the databases required or permitted under subdivision
15.

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
process if a charge is pending against the applicant that, if resulting in conviction, will
prohibit the applicant from possessing a firearm.

Sec. 6.

Minnesota Statutes 2016, section 624.714, subdivision 7a, is amended to read:

Subd. 7a.

Change of address; loss or destruction of permit.

(a) Within 30 days after
changing permanent address, new text begin transferring interest in a motor vehicle registered in the permit
holder's name, completing an application for a certificate of title of a motor vehicle, new text end or
deleted text begin within 30 days of deleted text end having lost or destroyed the permit card, the permit holder must notify
the issuing sheriff of the change, loss, or destruction. Failure to provide notification as
required by this subdivision is a petty misdemeanor. The fine for a first offense must not
exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph
is not subject to forfeiture.

(b) After notice is given under paragraph (a), a permit holder may obtain a replacement
permit card by paying $10 to the sheriff. The request for a replacement permit card must
be made on an official, standardized application adopted for this purpose under section
624.7151, and, except in the case of an address change, must include a notarized statement
that the permit card has been lost or destroyed.