HF 292

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 11:36am

A bill for an act
relating to public safety; amending the Minnesota Personal Protection Act; creating
lifetime permits to carry handguns; reducing the application fee for permits to
carry; amending Minnesota Statutes 2022, section 624.714, subdivisions 2a, 3, 7,
14.

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

Section 1.

Minnesota Statutes 2022, section 624.714, subdivision 2a, is amended to read:

Subd. 2a.

Training in safe use of a pistol.

(a) An applicant must present evidence that
the applicant received training in the safe use of a pistol within one year of the date of an
deleted text begin original or renewal deleted text end application. Training may be demonstrated by:

(1) employment as a peace officer in the state of Minnesota within the past year; or

(2) completion of a firearms safety or training course providing basic training in the safe
use of a pistol and conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use;

(2) successful completion of an actual shooting qualification exercise; and

(3) instruction in the fundamental legal aspects of pistol possession, carry, and use,
including self-defense and the restrictions on the use of deadly force.

(c) The certified instructor must issue a certificate to a person who has completed a
firearms safety or training course described in paragraph (b). The certificate must be signed
by the instructor and attest that the person attended and completed the course.

(d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past five years by an organization or government entity that has been
approved by the Department of Public Safety in accordance with the department's standards.

(e) A sheriff must accept the training described in this subdivision as meeting the
requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff
may also accept other satisfactory evidence of training in the safe use of a pistol.

Sec. 2.

Minnesota Statutes 2022, 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, 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 deleted text begin a new deleted text end new text begin an new text end 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 deleted text begin new or renewal deleted text end 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 deleted text begin new and renewal deleted text end 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. 3.

Minnesota Statutes 2022, section 624.714, subdivision 7, is amended to read:

Subd. 7.

Permit card contents; expiration; renewal.

(a) Permits to carry must be on
an official, standardized permit card adopted by the commissioner, containing only the
name, residence, and driver's license number or state identification card number of the
permit holder, if any.

(b) The permit card must also identify the issuing sheriff deleted text begin and state the expiration date
of the permit deleted text end . The permit card must clearly display a notice that a permit, if granted, is void
and must be immediately returned to the sheriff if the permit holder becomes prohibited by
law from possessing a firearm.

(c) A permit to carry a pistol issued under this section deleted text begin expires five years after the date
of issue. It may be renewed in the same manner and under the same criteria which the
original permit was obtained, subject to the following procedures: deleted text end new text begin does not expire and permit
cards issued after August 1, 2021, must prominently state that the permit does not expire.
new text end

deleted text begin (1) no earlier than 90 days prior to the expiration date on the permit, the permit holder
may renew the permit by submitting to the appropriate sheriff the application packet described
in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct
cost of processing the application or $75, whichever is less. Of this amount, $5 must be
submitted to the commissioner and deposited into the general fund. The sheriff must process
the renewal application in accordance with subdivisions 4 and 6; and
deleted text end

deleted text begin (2) a permit holder who submits a renewal application packet after the expiration date
of the permit, but within 30 days after expiration, may renew the permit as provided in
clause (1) by paying an additional late fee of $10.
deleted text end

deleted text begin (d) The renewal permit is effective beginning on the expiration date of the prior permit
to carry.
deleted text end

Sec. 4.

Minnesota Statutes 2022, section 624.714, subdivision 14, is amended to read:

Subd. 14.

Records.

(a) A sheriff must not maintain records or data collected, made, or
held under this section concerning any applicant or permit holder that are not necessary
under this section to support a permit that is outstanding or eligible for renewal under
subdivision 7, paragraph (b). Notwithstanding section 138.163, sheriffs must completely
purge all files and databases by March 1 of each year to delete all information collected
under this section concerning all persons who are no longer current permit holders deleted text begin or
currently eligible to renew their permit deleted text end .

(b) Paragraph (a) does not apply to records or data concerning an applicant or permit
holder who has had a permit denied or revoked under the criteria established in subdivision
2, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a period of six
years from the date of the denial or revocation.

Sec. 5. new text begin REPLACEMENT PERMITS TO CARRY.
new text end

new text begin A person with a valid permit to carry a handgun issued under Minnesota Statutes, section
624.714, prior to August 1, 2023, shall request a replacement permit card that conforms
with the requirements of Minnesota Statutes, section 624.714, subdivision 7, paragraph (c),
prior to the expiration date listed on the permit holder's card. The issuing sheriff may charge
up to $10 to issue a replacement card under this section.
new text end