2005 Minnesota Statutes

     624.7142 Carrying while under the influence of alcohol 
  or a controlled substance. 

    Subdivision 1.    Acts prohibited.  A person may not 
 carry a pistol on or about the person's clothes or person in a 
 public place: 

    (1) when the person is under the influence of a controlled 
 substance, as defined in section 152.01, subdivision 4; 

    (2) when the person is under the influence of a combination 
 of any two or more of the elements named in clauses (1) and (4); 

    (3) when the person is knowingly under the influence of any 
 chemical compound or combination of chemical compounds that is 
 listed as a hazardous substance in rules adopted under section 
 182.655 and that affects the nervous system, brain, or muscles 
 of the person so as to impair the person's clearness of 
 intellect or physical control; 

    (4) when the person is under the influence of alcohol; 

    (5) when the person's alcohol concentration is 0.10 or 
 more; or 

    (6) when the person's alcohol concentration is less than 
 0.10, but more than 0.04. 

    Subd. 2.    Arrest.  A peace officer may arrest a person 
 for a violation under subdivision 1 without a warrant upon 
 probable cause, without regard to whether the violation was 
 committed in the officer's presence. 

    Subd. 3.    Preliminary screening test.  When an officer 
 authorized under subdivision 2 to make arrests has reason to 
 believe that the person may be violating or has violated 
 subdivision 1, the officer may require the person to provide a 
 breath sample for a preliminary screening test using a device 
 approved by the commissioner for this purpose.  The results of 
 the preliminary screening test must be used for the purpose of 
 deciding whether an arrest should be made under this section and 
 whether to require the chemical tests authorized in section 
 624.7143, but may not be used in any court action except:  (1) 
 to prove that the test was properly required of a person under 
 section 624.7143, or (2) in a civil action arising out of the 
 use of the pistol.  Following the preliminary screening test, 
 additional tests may be required of the person as provided under 
 section 624.7143.  A person who refuses a breath sample is 
 subject to the provisions of section 624.7143 unless, in 
 compliance with that section, the person submits to a blood, 
 breath, or urine test to determine the presence of alcohol or a 
 controlled substance. 

    Subd. 4.    Evidence.  In a prosecution for a violation 
 of subdivision 1, the admission of evidence of the amount of 
 alcohol or a controlled substance in the person's blood, breath, 
 or urine is governed by section 169A.45. 

    Subd. 5.    Suspension.  A person who is charged with a 
 violation under this section may have their authority to carry a 
 pistol in a public place on or about the person's clothes or 
 person under the provisions of a permit or otherwise suspended 
 by the court as a condition of release. 

    Subd. 6.    Penalties.  (a) A person who violates a 
 prohibition under subdivision 1, clauses (1) to (5), is guilty 
 of a misdemeanor.  A second or subsequent violation is a gross 
 misdemeanor. 

    (b) A person who violates subdivision 1, clause (6), is 
 guilty of a misdemeanor. 

    (c) In addition to the penalty imposed under paragraph (a), 
 if a person violates subdivision 1, clauses (1) to (5), the 
 person's authority to carry a pistol in a public place on or 
 about the person's clothes or person under the provisions of a 
 permit or otherwise is revoked and the person may not reapply 
 for a period of one year from the date of conviction. 

    (d) In addition to the penalty imposed under paragraph (b), 
 if a person violates subdivision 1, clause (6), the person's 
 authority to carry a pistol in a public place on or about the 
 person's clothes or person under the provisions of a permit or 
 otherwise is suspended for 180 days from the date of conviction. 

    (e) Notwithstanding section 609.531, a firearm carried in 
 violation of subdivision 1, clause (6), is not subject to 
 forfeiture. 

    Subd. 7.    Reporting.  Suspensions and revocations 
 under this section must be reported in the same manner as in 
 section 624.714, subdivision 12a. 

    HIST: 2003 c 28 art 2 s 29,34