SF 369

Introduction - 83rd Legislature (2003 - 2004)

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; amending the pistol 
  1.3             permit law; amending Minnesota Statutes 2002, section 
  1.4             624.714, subdivisions 5, 6, 12, by adding subdivisions.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 624.714, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  1.9   applicant must present evidence that the applicant received 
  1.10  training in the safe use of a pistol within four years of the 
  1.11  date of an original or renewal application.  Training may be 
  1.12  demonstrated by: 
  1.13     (1) licensure as a peace officer in the state of Minnesota; 
  1.14  or 
  1.15     (2) completion of a firearms safety or training course 
  1.16  providing basic training in the safe use of a pistol and 
  1.17  conducted by a certified instructor. 
  1.18     (b) Basic training must include: 
  1.19     (1) instruction in the fundamentals of pistol use; 
  1.20     (2) successful completion of an actual shooting 
  1.21  qualification exercise prescribed by a certified instructor's 
  1.22  sponsoring agency or organization; and 
  1.23     (3) instruction in the fundamental legal aspects of pistol 
  1.24  possession, carry, and use, including self-defense and the 
  1.25  restrictions on the use of deadly force. 
  2.1      (c) A person qualifies as a certified instructor if the 
  2.2   person is certified as a firearms instructor within the past 
  2.3   four years by: 
  2.4      (1) the American Society of Law Enforcement Trainers; 
  2.5      (2) the Minnesota Association of Law Enforcement Firearms 
  2.6   Instructors; 
  2.7      (3) the National Rifle Association; 
  2.8      (4) the American Association of Certified Firearms 
  2.9   Instructors; 
  2.10     (5) the peace officer standards and training board of this 
  2.11  state or a similar agency of another state; 
  2.12     (6) the department of natural resources of this state or a 
  2.13  similar agency of another state; or 
  2.14     (7) the department of public safety of this state or a 
  2.15  similar agency of another state. 
  2.16     Sec. 2.  Minnesota Statutes 2002, section 624.714, 
  2.17  subdivision 5, is amended to read: 
  2.18     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
  2.19  be granted to a person unless the applicant: 
  2.20     (a) (1) is not a person prohibited by section 624.713 from 
  2.21  possessing a pistol; 
  2.22     (b) provides a firearms safety certificate recognized by 
  2.23  the department of natural resources, evidence of successful 
  2.24  completion of a test of ability to use a firearm supervised by 
  2.25  the chief of police or sheriff or other satisfactory proof of 
  2.26  ability to use a pistol safely; and 
  2.27     (2) is trained in the safe use of a pistol under 
  2.28  subdivision 2a; 
  2.29     (c) (3) has an occupation or personal safety hazard 
  2.30  requiring a permit to carry; and 
  2.31     (4) is at least 21 years of age. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 624.714, 
  2.33  subdivision 6, is amended to read: 
  2.34     Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
  2.35  police officer or the county sheriff to deny the application or 
  2.36  issue a permit to carry a pistol within 21 days of the date of 
  3.1   application shall be deemed to be a grant thereof.  The local 
  3.2   police authority shall provide an applicant with written 
  3.3   notification of a denial and the specific reason for the 
  3.4   denial.  This notification must specifically describe the 
  3.5   process for the applicant to seek administrative or judicial 
  3.6   review of the denial under subdivision 12, including, but not 
  3.7   limited to, for each option:  the time line for requesting a 
  3.8   review, the fees, the standard of review, and the appeal 
  3.9   rights.  A chief of police or a sheriff may charge a fee to 
  3.10  cover the cost of conducting a background check, not to exceed 
  3.11  $10.  The permit shall specify the activities for which it shall 
  3.12  be valid. 
  3.13     Sec. 4.  Minnesota Statutes 2002, section 624.714, 
  3.14  subdivision 12, is amended to read: 
  3.15     Subd. 12.  [HEARING UPON DENIAL.] (a) Any person aggrieved 
  3.16  by denial of a permit to carry may seek administrative review of 
  3.17  the denial.  The issuing authority must be listed as the 
  3.18  respondent.  An administrative law judge shall conduct a de novo 
  3.19  review of the application on the record and determine whether 
  3.20  the permit should be issued.  A hearing under this paragraph 
  3.21  must be conducted in a simple and informal manner.  If the judge 
  3.22  decides in the applicant's favor, the judge shall order the 
  3.23  issuing authority to pay the applicant's costs related to the 
  3.24  review, including reasonable attorney fees if applicable.  The 
  3.25  order of the administrative law judge constitutes the final 
  3.26  decision in the case.  A party aggrieved by the final decision 
  3.27  is entitled to judicial review of the decision under sections 
  3.28  14.63 to 14.69, except that the district court, instead of the 
  3.29  court of appeals, shall conduct the review in accordance with 
  3.30  those provisions.  
  3.31     (b) As an alternative to seeking administrative review 
  3.32  under paragraph (a), a person aggrieved by denial of a permit to 
  3.33  carry may appeal the denial by petition to the district court 
  3.34  having jurisdiction over in the county or municipality wherein 
  3.35  the notification or denial occurred where the application was 
  3.36  submitted.  The petition must list the issuing authority as the 
  4.1   respondent.  The matter A judge shall be heard conduct a de 
  4.2   novo review of the application without a jury and determine 
  4.3   whether the application should be granted. 
  4.4      Sec. 5.  Minnesota Statutes 2002, section 624.714, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 14.  [DATA COLLECTION; REPORT.] (a) By February 1 
  4.7   each year, each chief of police and sheriff shall report to the 
  4.8   superintendent of the bureau of criminal apprehension the 
  4.9   following summary data related to applications for permits to 
  4.10  carry pistols under this section for the preceding calendar year:
  4.11     (1) the number of applications received; 
  4.12     (2) the number of permits granted; 
  4.13     (3) the reasons given by the applicants for seeking the 
  4.14  permits; and 
  4.15     (4) for those applications that were denied, the specific 
  4.16  reason for the denial.  
  4.17  The specific reason for the denial required in clause (4) 
  4.18  includes, but is not limited to, the applicant being prohibited 
  4.19  from possessing a firearm under section 624.713, the applicant 
  4.20  not providing proof of proper training in the safe use of a 
  4.21  pistol, and the applicant not having an occupation or personal 
  4.22  safety hazard requiring a permit to carry.  If the applicant was 
  4.23  denied the permit based on being prohibited under section 
  4.24  624.713, the specific prohibition must be cited.  If the denial 
  4.25  is based on a criminal conviction, the specific crime of 
  4.26  conviction must be cited.  The data collected under clauses (1) 
  4.27  to (4) must be collected generally and must also be broken down 
  4.28  based on the race and gender of the applicant.  
  4.29     (b) By April 15 each year, the superintendent shall report 
  4.30  a summary of the data collected under paragraph (a) to the 
  4.31  chairs and ranking minority members of the senate and house 
  4.32  committees having jurisdiction over criminal justice policy.  
  4.33     Sec. 6.  [EFFECTIVE DATE.] 
  4.34     Sections 1 to 5 are effective August 1, 2003.