HF 1360

4th Engrossment - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to public safety; enacting the Minnesota 
  1.3             Citizens' Personal Protection Act of 2001; recognizing 
  1.4             the inherent right of law-abiding citizens to 
  1.5             self-protection through the lawful use of 
  1.6             self-defense; providing a system under which 
  1.7             responsible, competent adults can exercise their right 
  1.8             to self-protection by authorizing them to obtain a 
  1.9             permit to carry a pistol; providing criminal 
  1.10            penalties; appropriating money; amending Minnesota 
  1.11            Statutes 2000, section 624.714, subdivisions 2, 3, 4, 
  1.12            6, 7, 8, 10, 12, by adding subdivisions; repealing 
  1.13            Minnesota Statutes 2000, section 624.714, subdivisions 
  1.14            1, 5. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 624.714, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 1a.  [SHORT TITLE.] This section may be cited as the 
  1.19  Minnesota Citizens' Personal Protection Act of 2001. 
  1.20     Sec. 2.  Minnesota Statutes 2000, section 624.714, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 1b.  [PENALTY.] (a) A person, other than a peace 
  1.23  officer, as defined in section 626.84, subdivision 1, who 
  1.24  carries, holds, or possesses a pistol in a motor vehicle, 
  1.25  snowmobile, or boat, or on or about the person's clothes or the 
  1.26  person, or otherwise in possession or control in a public place, 
  1.27  as defined in section 624.7181, subdivision 1, paragraph (c), 
  1.28  without first having obtained a permit to carry the pistol is 
  1.29  guilty of a gross misdemeanor.  A person who is convicted a 
  1.30  second or subsequent time is guilty of a felony. 
  2.1      (b) No person may carry a pistol in a public place on or 
  2.2   about the person's clothes or person while under the influence 
  2.3   of alcohol or a controlled substance.  A violation of this 
  2.4   paragraph is a misdemeanor.  A person who is convicted a second 
  2.5   or subsequent time is guilty of a gross misdemeanor. 
  2.6      (c) The holder of a permit to carry must have the permit 
  2.7   card in immediate possession at all times when carrying a pistol 
  2.8   and must display it upon lawful demand by a peace officer, as 
  2.9   defined in section 626.84, subdivision 1.  A violation of this 
  2.10  paragraph is a petty misdemeanor.  The fine for a first offense 
  2.11  must not exceed $25. 
  2.12     Sec. 3.  Minnesota Statutes 2000, section 624.714, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 1c.  [SENTENCE ENHANCEMENT.] (a) A permit holder who 
  2.15  uses a pistol to facilitate the commission of a felony may be 
  2.16  sentenced to 125 percent of the maximum sentence otherwise 
  2.17  provided by statute. 
  2.18     (b) It is an affirmative defense to the application of 
  2.19  paragraph (a) that the actor had an honest belief at the 
  2.20  inception of the course of conduct that the actor was acting in 
  2.21  lawful self-defense. 
  2.22     Sec. 4.  Minnesota Statutes 2000, section 624.714, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [WHERE APPLICATION MADE AUTHORITY TO ISSUE 
  2.25  PERMIT; CRITERIA; SCOPE.] Applications for permits to carry 
  2.26  shall be made to the chief of police of an organized full-time 
  2.27  police department of the municipality where the applicant 
  2.28  resides or to the county sheriff where there is no such local 
  2.29  chief of police where the applicant resides.  At the time of 
  2.30  application, the local police authority shall provide the 
  2.31  applicant with a dated receipt for the application.  (a) County 
  2.32  sheriffs have the sole authority to issue permits to carry 
  2.33  pistols pursuant to this section.  A sheriff must issue a permit 
  2.34  to a person if the person: 
  2.35     (1) is not prohibited from possessing a firearm under 
  2.36  section 624.713; 
  3.1      (2) has training in the safe use of a pistol; 
  3.2      (3) completes an application for a permit; 
  3.3      (4) is not listed in the criminal gang investigative data 
  3.4   system under section 299C.091, subdivision 2; and 
  3.5      (5) is at least 21 years old. 
  3.6      (b) A permit to carry a pistol issued under this section is 
  3.7   a state permit and is valid throughout the state. 
  3.8      Sec. 5.  Minnesota Statutes 2000, section 624.714, is 
  3.9   amended by adding a subdivision to read: 
  3.10     Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  3.11  applicant must present evidence that the applicant received 
  3.12  training in the safe use of a pistol within three years of the 
  3.13  date of an original or renewal application.  Training may be 
  3.14  demonstrated by: 
  3.15     (1) licensure as a peace officer in the state of Minnesota; 
  3.16  or 
  3.17     (2) completion of a firearms safety or training class 
  3.18  providing basic training in the safe use of a pistol and 
  3.19  conducted by a certified instructor. 
  3.20     (b) Basic training must include: 
  3.21     (1) instruction in the fundamentals of pistol use; 
  3.22     (2) successful completion of an actual shooting 
  3.23  qualification exercise prescribed by a certified instructor's 
  3.24  sponsoring agency or organization; and 
  3.25     (3) instruction in the fundamental legal aspects of pistol 
  3.26  possession and use, including self-defense. 
  3.27     (c) A person qualifies as a certified instructor if the 
  3.28  person is certified as a firearms instructor by: 
  3.29     (1) the American Society of Law Enforcement Trainers; 
  3.30     (2) the National Rifle Association; 
  3.31     (3) any national, state, or regional nonprofit organization 
  3.32  that certifies firearms safety trainers; 
  3.33     (4) the peace officer standards and training board of this 
  3.34  state or a similar agency of another state; 
  3.35     (5) the department of natural resources of this state or a 
  3.36  similar agency of another state; or 
  4.1      (6) the department of public safety of this state or a 
  4.2   similar agency of another state. 
  4.3      Sec. 6.  Minnesota Statutes 2000, section 624.714, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  4.6   Applications for permits to carry shall must be on an official, 
  4.7   standardized application form, adopted under section 624.7151, 
  4.8   and must set forth in writing only the following information: 
  4.9      (1) the name, residence, telephone number, if any, and 
  4.10  driver's license number or nonqualification certificate number, 
  4.11  if any, of the applicant; 
  4.12     (2) the sex, date of birth, height, weight, and color of 
  4.13  eyes and hair, and distinguishing physical characteristics, if 
  4.14  any, of the applicant; 
  4.15     (3) a statement by the applicant that, to the best of the 
  4.16  applicant's knowledge and belief, the applicant is not 
  4.17  prohibited by section 624.713 from possessing a firearm; and 
  4.18     (4) a statement that the applicant authorizes the release 
  4.19  to the local police authority sheriff of commitment information 
  4.20  about the applicant maintained by the commissioner of human 
  4.21  services or such similar agency or department of a state of 
  4.22  residence, to the extent that the information relates to the 
  4.23  applicant's eligibility to possess a pistol or semiautomatic 
  4.24  military-style assault weapon firearm under section 624.713, 
  4.25  subdivision 1; 
  4.26     (4) a statement by the applicant that the applicant is not 
  4.27  prohibited by section 624.713 from possessing a pistol or 
  4.28  semiautomatic military-style assault weapon; and 
  4.29     (5) a recent color photograph of the applicant. 
  4.30     The application shall be signed and dated by the 
  4.31  applicant.  The statement under clause (3) (4) must comply with 
  4.32  any applicable requirements of Code of Federal Regulations, 
  4.33  title 42, sections 2.31 to 2.35, with respect to consent to 
  4.34  disclosure of alcohol or drug abuse patient records. 
  4.35     (b) An applicant must submit to the sheriff an application 
  4.36  packet consisting only of the following items: 
  5.1      (1) a completed application form, signed and dated by the 
  5.2   applicant; 
  5.3      (2) a photocopy of a certificate, affidavit, or other 
  5.4   document that is submitted as the applicant's evidence of 
  5.5   training in the safe use of a pistol; and 
  5.6      (3) a recent color photograph or other image of the 
  5.7   applicant in which the head, including hair, is the size 
  5.8   required by the standardized carry permit card described in 
  5.9   subdivision 7, unless the commissioner of public safety 
  5.10  authorizes use of the image contained on the applicant's 
  5.11  Minnesota driver's license or nonqualification certificate. 
  5.12     (c) The sheriff may charge a new application processing fee 
  5.13  in an amount not to exceed $45.  Of this amount, $35 must be 
  5.14  submitted to the commissioner of public safety and deposited 
  5.15  into the general fund. 
  5.16     (d) This subdivision prescribes the complete and exclusive 
  5.17  set of items an applicant is required to submit in order to 
  5.18  apply for a new or renewal permit to carry.  The applicant must 
  5.19  not be asked or required to submit, voluntarily or 
  5.20  involuntarily, any information, fees, or documentation beyond 
  5.21  that specifically required by this subdivision. 
  5.22     (e) Forms for new and renewal applications must be 
  5.23  available at all sheriff's offices and the commissioner of 
  5.24  public safety must make the forms available on the Internet.  
  5.25  Application forms must clearly display a notice that a permit, 
  5.26  if granted, is void and must be immediately returned to the 
  5.27  sheriff if the permit holder becomes ineligible to possess a 
  5.28  firearm under section 624.713.  The notice may list the 
  5.29  applicable offenses. 
  5.30     (f) Upon receipt of an application packet and any required 
  5.31  fee, a sheriff must provide a receipt indicating the date of 
  5.32  submission. 
  5.33     Sec. 7.  Minnesota Statutes 2000, section 624.714, 
  5.34  subdivision 4, is amended to read: 
  5.35     Subd. 4.  [INVESTIGATION.] (a) The application authority 
  5.36  shall sheriff must check criminal records, histories, and 
  6.1   warrant information on each applicant through the Minnesota 
  6.2   Crime Information System. The chief of police or sheriff 
  6.3   shall and, to the extent necessary, the National Instant Check 
  6.4   System and the National Crime Record Repository, and must make a 
  6.5   reasonable effort to check other available state and local 
  6.6   recordkeeping systems.  The sheriff must also obtain commitment 
  6.7   information from the commissioner of human services as provided 
  6.8   in section 245.041 or, if the information is reasonably 
  6.9   available, as provided by a similar statute from another state.  
  6.10  A sheriff must conduct a background check on a permit holder at 
  6.11  least yearly to ensure continuing eligibility.  A sheriff may 
  6.12  conduct additional background checks on a permit holder at 
  6.13  anytime during the period that a permit is in effect. 
  6.14     (b) When an application for a permit is filed under this 
  6.15  section, the sheriff must notify the chief of police, if any, of 
  6.16  the municipality where the applicant resides.  The police chief 
  6.17  may provide the sheriff with any information the chief deems 
  6.18  relevant to the issuance of the permit. 
  6.19     Sec. 8.  Minnesota Statutes 2000, section 624.714, 
  6.20  subdivision 6, is amended to read: 
  6.21     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
  6.22  PERMITS.] (a) The sheriff must, within 15 business days after 
  6.23  the date of receipt of the application packet described in 
  6.24  subdivision 3: 
  6.25     (1) issue the permit to carry; 
  6.26     (2) deny the application for a permit to carry solely on 
  6.27  the grounds that the applicant failed to qualify under the 
  6.28  criteria described in subdivision 2; or 
  6.29     (3) file and serve a petition under subdivision 12a. 
  6.30     (b) Failure of the chief police officer or the county 
  6.31  sheriff to deny the application or issue a permit to carry a 
  6.32  pistol notify the applicant of the denial of the application or 
  6.33  file a petition under subdivision 12a within 21 15 business days 
  6.34  of after the date of receipt of the application shall be deemed 
  6.35  to be a grant thereof. packet constitutes issuance of the permit 
  6.36  to carry and the sheriff must promptly fulfill the requirements 
  7.1   under paragraph (c).  To deny the application, the local police 
  7.2   authority shall sheriff must provide an the applicant with 
  7.3   written notification of a denial and the specific reason factual 
  7.4   basis for the denial and the source of the factual basis and 
  7.5   must inform the applicant of the applicant's right to submit, 
  7.6   within 20 business days, any additional documentation relating 
  7.7   to the propriety of the denial.  A chief of police or a sheriff 
  7.8   may charge a fee to cover the cost of conducting a background 
  7.9   check, not to exceed $10.  The permit shall specify the 
  7.10  activities for which it shall be valid.  Upon receiving any 
  7.11  additional documentation, the sheriff must reconsider the denial 
  7.12  and inform the applicant within 15 business days of the result 
  7.13  of the reconsideration.  Any denial after reconsideration must 
  7.14  be in the same form and substance as the original denial and 
  7.15  must specifically address any continued deficiencies in light of 
  7.16  the additional documentation submitted by the applicant.  The 
  7.17  applicant must be informed of the right to seek de novo review 
  7.18  of the denial as provided in subdivision 12. 
  7.19     (c) Upon issuing a permit to carry, the sheriff must 
  7.20  provide a provisional permit card to the applicant by first 
  7.21  class mail or personal delivery.  A provisional permit card must 
  7.22  clearly display a notice that a permit, if granted, is void and 
  7.23  must be immediately returned to the sheriff if the permit holder 
  7.24  becomes ineligible to possess a firearm under section 624.713.  
  7.25  The notice may list the applicable offenses.  Within two 
  7.26  business days, the sheriff must submit all necessary information 
  7.27  to the commissioner of public safety for the production of a 
  7.28  durable permit card. 
  7.29     (d) Notwithstanding paragraphs (a) to (c), the sheriff may 
  7.30  suspend the application process if a charge is pending against 
  7.31  the applicant that, if resulting in conviction, will disqualify 
  7.32  the applicant from possessing a firearm under section 624.713. 
  7.33     Sec. 9.  Minnesota Statutes 2000, section 624.714, 
  7.34  subdivision 7, is amended to read: 
  7.35     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
  7.36  Permits to carry a pistol issued pursuant to this section shall 
  8.1   expire after one year and shall thereafter be renewed in the 
  8.2   same manner and subject to the same provisions by which the 
  8.3   original permit was obtained, except that all renewed permits 
  8.4   must comply with the standards adopted by the commissioner of 
  8.5   public safety under section 624.7161. (a) Permits to carry must 
  8.6   be on an official, standardized permit card adopted by the 
  8.7   commissioner of public safety, containing only the following 
  8.8   information about the permit holder: 
  8.9      (1) the name, residence, and driver's license number or 
  8.10  nonqualification certificate number, if any; 
  8.11     (2) the sex, date of birth, height, weight, color of eyes 
  8.12  and hair, and distinguishing characteristics, if any; 
  8.13     (3) a recent color photograph or image of the permit 
  8.14  holder; and 
  8.15     (4) the permit holder's signature. 
  8.16     (b) The permit card must also state the expiration date of 
  8.17  the permit and must clearly display a notice that a permit, if 
  8.18  granted, is void and must be immediately returned to the sheriff 
  8.19  if the permit holder becomes ineligible to possess a firearm 
  8.20  under section 624.713. 
  8.21     (c) A permit to carry a pistol issued under this section 
  8.22  shall expire after three years and shall thereafter be renewed 
  8.23  in the same manner and under the same criteria which the 
  8.24  original permit was obtained, subject to the following 
  8.25  procedures: 
  8.26     (1) no earlier than 90 days prior to the expiration date on 
  8.27  the permit, the permit holder may renew the permit by submitting 
  8.28  to the sheriff the application packet described in subdivision 3 
  8.29  and a renewal processing fee not to exceed $15.  Of this amount, 
  8.30  $3 must be submitted to the commissioner of public safety and 
  8.31  deposited into the general fund.  The sheriff must process the 
  8.32  renewal application in accordance with subdivisions 4 and 6; and 
  8.33     (2) a permit holder who submits a renewal application 
  8.34  packet after the expiration date of the permit but within 30 
  8.35  days after expiration, may renew the permit as provided in 
  8.36  clause (1) by paying an additional late fee of $10. 
  9.1      (d) The renewal permit is effective beginning on the 
  9.2   expiration date of the prior permit to carry. 
  9.3      Sec. 10.  Minnesota Statutes 2000, section 624.714, is 
  9.4   amended by adding a subdivision to read: 
  9.5      Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
  9.6   PERMIT.] (a) Within 30 days after changing permanent address, or 
  9.7   within 30 days of having lost or destroyed the permit card, the 
  9.8   permit holder must notify the sheriff of the change, loss, or 
  9.9   destruction.  Failure to notify the sheriff as required by this 
  9.10  subdivision is a petty misdemeanor.  The fine for a first 
  9.11  offense must not exceed $25. 
  9.12     (b) After notice is given under paragraph (a), a permit 
  9.13  holder may obtain a replacement permit card by paying $15 to the 
  9.14  sheriff.  The request for a replacement permit card must be made 
  9.15  on an application adopted for this purpose under section 
  9.16  624.7151, and, except in the case of an address change, must 
  9.17  include a notarized statement that the permit card has been lost 
  9.18  or destroyed.  The sheriff must provide a provisional permit 
  9.19  card as provided under subdivision 6, paragraph (c). 
  9.20     Sec. 11.  Minnesota Statutes 2000, section 624.714, 
  9.21  subdivision 8, is amended to read: 
  9.22     Subd. 8.  [PERMIT TO CARRY VOIDED OR REVOKED.] (a) The 
  9.23  permit to carry shall be is void and must be revoked at the time 
  9.24  that the permit holder becomes prohibited from possessing 
  9.25  a pistol firearm under section 624.713, in which event the 
  9.26  holder shall must return the permit card to the sheriff within 
  9.27  five business days to the application authority after the holder 
  9.28  knows or should know that the holder is a prohibited person.  If 
  9.29  a permit is revoked under this subdivision, the sheriff must 
  9.30  give notice to the permit holder in writing in the same manner 
  9.31  as a denial.  Failure of the holder to return the permit within 
  9.32  the five days is a gross misdemeanor unless the court finds that 
  9.33  the circumstances or the physical or mental condition of the 
  9.34  permit holder prevented the holder from complying with the 
  9.35  return requirement. 
  9.36     (b) When a permit holder is convicted of an offense that 
 10.1   disqualifies the permit holder from possessing a firearm under 
 10.2   section 624.713, the court must revoke and take possession of 
 10.3   the permit. 
 10.4      Sec. 12.  Minnesota Statutes 2000, section 624.714, is 
 10.5   amended by adding a subdivision to read: 
 10.6      Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 10.7   charged with an offense that would disqualify the person from 
 10.8   possessing a firearm under section 624.713, the prosecuting 
 10.9   attorney must ascertain whether the person is a permit holder 
 10.10  under this section.  If the person is a permit holder, the 
 10.11  prosecutor must notify the sheriff that issued the permit that 
 10.12  the person has been charged with a disqualifying offense.  The 
 10.13  prosecutor must also notify the sheriff of the final disposition 
 10.14  of the case. 
 10.15     Sec. 13.  Minnesota Statutes 2000, section 624.714, 
 10.16  subdivision 10, is amended to read: 
 10.17     Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
 10.18  causes to be given any false material information in applying 
 10.19  for a permit to carry, knowing or having reason to know the 
 10.20  information is false, is guilty of a gross misdemeanor. 
 10.21     Sec. 14.  Minnesota Statutes 2000, section 624.714, is 
 10.22  amended by adding a subdivision to read: 
 10.23     Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
 10.24  issue an emergency permit to a person if the sheriff determines 
 10.25  that the person is in an emergency situation that may constitute 
 10.26  an immediate risk to the safety of the person or someone 
 10.27  residing in the person's household.  A person seeking an 
 10.28  emergency permit must complete an application form and must sign 
 10.29  an affidavit describing the emergency situation.  An emergency 
 10.30  permit applicant does not need to provide a photograph or 
 10.31  evidence of training.  An emergency permit is valid for 30 days, 
 10.32  may not be renewed, and may be revoked without a hearing.  No 
 10.33  fee may be charged for an emergency permit.  An emergency permit 
 10.34  holder may seek a regular permit under subdivision 3 and subject 
 10.35  to the other applicable provisions of this section. 
 10.36     Sec. 15.  Minnesota Statutes 2000, section 624.714, 
 11.1   subdivision 12, is amended to read: 
 11.2      Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] Any person 
 11.3   aggrieved by denial or revocation of a permit to carry may 
 11.4   appeal the denial by petition to the district court having 
 11.5   jurisdiction over in the county or municipality wherein the 
 11.6   notification or denial occurred where the application was 
 11.7   submitted.  The petition must list the sheriff as the 
 11.8   respondent.  The district court must hold a hearing at the 
 11.9   earliest practicable date and in any event no later than 60 days 
 11.10  following the filing of the petition for review.  The district 
 11.11  court may issue a writ of mandamus or other relief as the court 
 11.12  may deem appropriate.  A person granted relief under this 
 11.13  subdivision must be awarded reasonable costs and expenses 
 11.14  including attorney fees.  The matter shall must be heard de novo 
 11.15  without a jury. 
 11.16     Sec. 16.  Minnesota Statutes 2000, section 624.714, is 
 11.17  amended by adding a subdivision to read: 
 11.18     Subd. 12a.  [DENIAL OR SUSPENSION BY COURT ORDER.] (a) The 
 11.19  issuing sheriff or the police chief of the Minnesota 
 11.20  municipality where the applicant or permit holder resides may 
 11.21  file a petition with the district court seeking a court order 
 11.22  denying an application for or suspending a permit to carry.  The 
 11.23  petition must be filed in the county where the application was 
 11.24  made, together with proof of service of a copy on the applicant 
 11.25  or permit holder.  The court may not grant any relief before the 
 11.26  completion of the hearing.  If a petition is filed under this 
 11.27  subdivision, a sheriff must not issue a permit until the matter 
 11.28  is resolved by the district court. 
 11.29     (b) The court may grant the relief requested in the 
 11.30  petition only if the petitioner establishes, by clear and 
 11.31  convincing evidence, that there is a substantial likelihood that 
 11.32  the applicant will act under the permit in a manner dangerous to 
 11.33  the public.  The applicant's dangerousness to the public may be 
 11.34  established only after a showing that the applicant or permit 
 11.35  holder has engaged in a pattern of behavior within the past 
 11.36  three years involving verified, reported incidents of unlawful 
 12.1   violence, not including incidents for which the applicant was 
 12.2   charged and acquitted or for which the charges were dismissed. 
 12.3      (c) If the court denies a petition brought under paragraph 
 12.4   (a), the court must award the applicant or permit holder 
 12.5   reasonable costs and expenses including attorney fees.  
 12.6      Sec. 17.  Minnesota Statutes 2000, section 624.714, is 
 12.7   amended by adding a subdivision to read: 
 12.8      Subd. 12b.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 12.9   district court may order suspension of the application process 
 12.10  for a permit or suspend the permit of a permit holder as a 
 12.11  condition of release pursuant to the same criteria as the 
 12.12  surrender of firearms under section 629.715. 
 12.13     Sec. 18.  Minnesota Statutes 2000, section 624.714, is 
 12.14  amended by adding a subdivision to read: 
 12.15     Subd. 14.  [RECORDS.] (a) A sheriff must not maintain 
 12.16  records or data collected, made, or held under this section 
 12.17  concerning any applicant or permit holder that are not necessary 
 12.18  under this section to support a permit that is outstanding or 
 12.19  eligible for renewal under subdivision 7, paragraph (b).  
 12.20  Notwithstanding section 138.163, a sheriff must completely purge 
 12.21  all files and databases by March 1 of each year to delete all 
 12.22  information collected under this section concerning all persons 
 12.23  who are no longer current permit holders or currently eligible 
 12.24  to renew their permit. 
 12.25     (b) Paragraph (a) does not apply to records or data 
 12.26  concerning an applicant or permit holder who has had a permit 
 12.27  denied or revoked under subdivision 2, paragraph (a), clause 
 12.28  (1), or subdivision 12a. 
 12.29     Sec. 19.  Minnesota Statutes 2000, section 624.714, is 
 12.30  amended by adding a subdivision to read: 
 12.31     Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 12.32  DATABASE.] (a) The commissioner of public safety may contract 
 12.33  with one or more vendors to implement the requirements of this 
 12.34  section. 
 12.35     (b) The commissioner of public safety must maintain an 
 12.36  automated database of persons authorized to carry pistols under 
 13.1   this section that is available 24 hours a day, seven days a 
 13.2   week, to law enforcement agencies, including prosecutors 
 13.3   carrying out their duties under subdivision 8a, solely to verify 
 13.4   permit status. 
 13.5      Sec. 20.  Minnesota Statutes 2000, section 624.714, is 
 13.6   amended by adding a subdivision to read: 
 13.7      Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 13.8   The attorney general must establish and publish a list of other 
 13.9   states that have laws governing the issuance of permits to carry 
 13.10  pistols that are not substantially similar to this section.  A 
 13.11  person holding a concealed weapons license or permit from a 
 13.12  state not on the list may use the license or permit in this 
 13.13  state subject to the rights, privileges, and requirements of 
 13.14  this section. 
 13.15     (b) Notwithstanding paragraph (a), no license or permit 
 13.16  from another state is valid in this state if the holder is or 
 13.17  becomes prohibited from possessing a firearm under section 
 13.18  624.713. 
 13.19     (c) Any sheriff may file a petition under subdivision 12a 
 13.20  in any county in the state where a person holding a license or 
 13.21  permit from another state resides or can be found. 
 13.22     Sec. 21.  Minnesota Statutes 2000, section 624.714, is 
 13.23  amended by adding a subdivision to read: 
 13.24     Subd. 17.  [IMMUNITY.] Neither the sheriff, any employee of 
 13.25  the sheriff involved in the permit issuing process, nor any 
 13.26  certified instructor is liable for damages resulting or arising 
 13.27  from acts with a firearm committed by a permit holder, unless 
 13.28  the sheriff or other person had actual knowledge at the time the 
 13.29  permit was issued or the instruction was given that the 
 13.30  applicant was disqualified by law from possessing a firearm. 
 13.31     Sec. 22.  Minnesota Statutes 2000, section 624.714, is 
 13.32  amended by adding a subdivision to read: 
 13.33     Subd. 18.  [MONITORING.] (a) By March 1 of each year, the 
 13.34  commissioner of public safety must report to the legislature on: 
 13.35     (1) the number of permits to carry issued, suspended, 
 13.36  revoked, and denied since the previous submission, and in total; 
 14.1      (2) the number of permits to carry currently valid; 
 14.2      (3) the specific reasons for each suspension, revocation, 
 14.3   and denial and the number of reversed, canceled, or corrected 
 14.4   actions; 
 14.5      (4) the number of convictions and types of crimes committed 
 14.6   since the previous submission, and in total, by individuals with 
 14.7   permits to carry, including data as to whether a firearm 
 14.8   lawfully carried solely by virtue of a permit to carry was 
 14.9   actually used in furtherance of the crime; and 
 14.10     (5) to the extent known or determinable, data on the lawful 
 14.11  and justifiable use of firearms by permit holders.  
 14.12     (b) Sheriffs must supply the department of public safety 
 14.13  with the basic data the department requires to complete the 
 14.14  report under paragraph (a).  Sheriffs may submit data classified 
 14.15  as private to the department of public safety under this 
 14.16  paragraph. 
 14.17     (c) Copies of the report under paragraph (a) must be made 
 14.18  available to the public at the actual cost of duplication. 
 14.19     (d) Nothing contained in any provision of this section or 
 14.20  any other law requires or authorizes the registration, 
 14.21  documentation, collection, or providing of serial numbers or 
 14.22  other data on firearms or on firearms owners. 
 14.23     Sec. 23.  Minnesota Statutes 2000, section 624.714, is 
 14.24  amended by adding a subdivision to read: 
 14.25     Subd. 19.  [EXCLUSIVITY.] This section sets forth the 
 14.26  complete and exclusive criteria and procedures for the issuance 
 14.27  of permits to carry and no sheriff or other person may change, 
 14.28  modify, or supplement these criteria or procedures. 
 14.29     Sec. 24.  [APPROPRIATION.] 
 14.30     $1,618,000 for the fiscal year ending June 30, 2002, and 
 14.31  $308,000 for the fiscal year ending June 30, 2003, is 
 14.32  appropriated from the general fund to the commissioner of public 
 14.33  safety to implement the provisions of this act. 
 14.34     Sec. 25.  [TEMPORARY EXTENSION ON SHERIFF'S TURNAROUND 
 14.35  TIME.] 
 14.36     Notwithstanding section 8, until March 1, 2002:  (1) a 
 15.1   sheriff has five business days to send information relating to a 
 15.2   background check required under section 7 for a new or renewal 
 15.3   permit to the commissioner of public safety; and (2) the 
 15.4   sheriff's 15 business day turnaround period under section 8 is 
 15.5   stayed until the commissioner of public safety responds to the 
 15.6   sheriff with the results of the background check. 
 15.7      Sec. 26.  [GRANDFATHER CLAUSE.] 
 15.8      Permits to carry pistols issued prior to the effective date 
 15.9   of this act remain in effect and are valid under the terms of 
 15.10  issuance until the date of expiration applicable at the time of 
 15.11  issuance.  However, a person holding a permit that was issued 
 15.12  prior to the effective date of this act may nevertheless apply 
 15.13  for a permit under the terms and conditions of this act. 
 15.14     Sec. 27.  [REPEALER.] 
 15.15     Minnesota Statutes 2000, section 624.714, subdivisions 1 
 15.16  and 5, are repealed. 
 15.17     Sec. 28.  [EFFECTIVE DATE.] 
 15.18     This act is effective August 1, 2001, and applies to crimes 
 15.19  committed on or after that date, except that the attorney 
 15.20  general must promulgate the list required under section 20 
 15.21  within 90 days of final enactment.