1.1                          A bill for an act 
  1.2             relating to state government regulation; requiring 
  1.3             legislative approval of certain state park fees; 
  1.4             modifying commissioner's authority relating to 
  1.5             employees, gifts, and grants; modifying provisions of 
  1.6             the state parks working capital fund; modifying 
  1.7             application provisions for certain licenses; providing 
  1.8             for reciprocity of certain safety courses; modifying 
  1.9             certain county reimbursement provisions; modifying 
  1.10            identification provisions for fish and dark houses; 
  1.11            modifying littering prohibition; eliminating 
  1.12            requirement to publish pamphlet form of laws; enacting 
  1.13            the Minnesota Citizens' Personal Protection Act of 
  1.14            2003; recognizing the inherent right of law-abiding 
  1.15            citizens to self-protection through the lawful use of 
  1.16            self-defense; providing a system under which 
  1.17            responsible, competent adults can exercise their right 
  1.18            to self-protection by authorizing them to obtain a 
  1.19            permit to carry a pistol; providing that persons 
  1.20            convicted of crimes of violence are prohibited from 
  1.21            possessing, receiving, shipping, or transporting 
  1.22            firearms for the remainder of the person's lifetime; 
  1.23            providing criminal penalties; appropriating money; 
  1.24            amending Minnesota Statutes 2002, sections 13.871, by 
  1.25            adding a subdivision; 16A.1283; 84.01, subdivision 3; 
  1.26            84.026; 84.085, subdivision 1; 84.791, by adding a 
  1.27            subdivision; 84.82, subdivision 2; 84.862, by adding a 
  1.28            subdivision; 84.925, by adding a subdivision; 85.20, 
  1.29            subdivision 6; 85.22, by adding a subdivision; 
  1.30            86B.101, by adding a subdivision; 86B.401, subdivision 
  1.31            1; 97A.065, subdivision 2; 97B.020; 97C.355, 
  1.32            subdivisions 1, 2; 169.42, subdivision 1; 169.421, 
  1.33            subdivision 3; 242.31, subdivision 2a; 260B.245, 
  1.34            subdivision 1; 609.165, subdivisions 1a, 1b, by adding 
  1.35            a subdivision; 609.66, subdivision 1d; 609.68; 
  1.36            609A.03, subdivision 5a; 624.712, subdivision 5, by 
  1.37            adding a subdivision; 624.713, subdivisions 1, 2, 3; 
  1.38            624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by 
  1.39            adding subdivisions; 638.02, subdivision 2; proposing 
  1.40            coding for new law in Minnesota Statutes, chapter 624; 
  1.41            repealing Minnesota Statutes 2002, sections 97A.051, 
  1.42            subdivision 1; 624.714, subdivisions 1, 5; Minnesota 
  1.43            Rules, part 6262.0100, subpart 2. 
  1.44  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1                              ARTICLE 1
  2.2               NATURAL RESOURCES REGULATORY PROVISIONS 
  2.3      Section 1.  Minnesota Statutes 2002, section 16A.1283, is 
  2.4   amended to read: 
  2.5      16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 
  2.6      (a) Notwithstanding any law to the contrary, an executive 
  2.7   branch state agency may not impose a new fee or increase an 
  2.8   existing fee unless the new fee or increase is approved by law.  
  2.9   For purposes of this section, a fee is any charge for goods, 
  2.10  services, regulation, or licensure, and, notwithstanding 
  2.11  paragraph (b), clause (3), includes charges for admission to or 
  2.12  for use of public facilities owned by the state. 
  2.13     (b) This section does not apply to: 
  2.14     (1) charges billed within or between state agencies, or 
  2.15  billed to federal agencies; 
  2.16     (2) the Minnesota state colleges and universities system; 
  2.17     (3) charges for goods and services provided for the direct 
  2.18  and primary use of a private individual, business, or other 
  2.19  entity; or 
  2.20     (4) charges that authorize use of state-owned lands and 
  2.21  minerals administered by the commissioner of natural resources 
  2.22  by the issuance of leases, easements, cooperative farming 
  2.23  agreements, and land and water crossing licenses and charges for 
  2.24  sales of state-owned lands administered by the commissioner of 
  2.25  natural resources; or 
  2.26     (5) state park fees and charges established by 
  2.27  commissioner's order. 
  2.28     (c) An executive branch agency may reduce a fee that was 
  2.29  set by rule before July 1, 2001, without legislative approval.  
  2.30  Chapter 14 does not apply to fee reductions under this paragraph.
  2.31     Sec. 2.  Minnesota Statutes 2002, section 84.01, 
  2.32  subdivision 3, is amended to read: 
  2.33     Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
  2.34  provisions of Laws 1969, chapter 1129, and to other applicable 
  2.35  laws the commissioner shall organize the department and 
  2.36  employ up to three assistant commissioners, each of whom shall 
  3.1   serve at the pleasure of the commissioner in the unclassified 
  3.2   service, one of whom shall have responsibility for coordinating 
  3.3   and directing the planning of every division within the agency, 
  3.4   and such other officers, employees, and agents as the 
  3.5   commissioner may deem necessary to discharge the functions of 
  3.6   the department, define the duties of such officers, employees, 
  3.7   and agents and to delegate to them any of the commissioner's 
  3.8   powers, duties, and responsibilities subject to the control of, 
  3.9   and under the conditions prescribed by, the commissioner.  
  3.10  Appointments to exercise delegated power shall be by written 
  3.11  order filed with the secretary of state. 
  3.12     Sec. 3.  Minnesota Statutes 2002, section 84.026, is 
  3.13  amended to read: 
  3.14     84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
  3.15  RESOURCES SERVICES.] 
  3.16     The commissioner of natural resources is authorized to 
  3.17  enter into contractual or grant agreements with any public or 
  3.18  private entity for the provision of statutorily prescribed 
  3.19  natural resources services by or for the department.  The 
  3.20  contracts or grants shall specify the services to be provided 
  3.21  and the amount and method of reimbursement.  Funds generated in 
  3.22  a contractual agreement made pursuant to this section shall be 
  3.23  deposited in the special revenue fund and are appropriated to 
  3.24  the department for purposes of providing the services specified 
  3.25  in the contracts.  All such contractual and grant agreements 
  3.26  shall be processed in accordance with the provisions of section 
  3.27  16C.05.  The commissioner shall report revenues collected and 
  3.28  expenditures made under this section to the chairs of the 
  3.29  committees on appropriations in the house and finance in the 
  3.30  senate by January 1 of each odd-numbered year. 
  3.31     Sec. 4.  Minnesota Statutes 2002, section 84.085, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
  3.34  natural resources may accept for and on behalf of the state any 
  3.35  gift, bequest, devise, or grants of lands or interest in lands 
  3.36  or personal property of any kind or of money tendered to the 
  4.1   state for any purpose pertaining to the activities of the 
  4.2   department or any of its divisions.  Any money so received is 
  4.3   hereby appropriated and dedicated for the purpose for which it 
  4.4   is granted.  Lands and interests in lands so received may be 
  4.5   sold or exchanged as provided in chapter 94.  
  4.6      (b) The commissioner of natural resources, on behalf of the 
  4.7   state, may accept and use grants of money or property from the 
  4.8   United States or other grantors for conservation purposes not 
  4.9   inconsistent with the laws of this state.  Any money or property 
  4.10  so received is hereby appropriated and dedicated for the 
  4.11  purposes for which it is granted, and shall be expended or used 
  4.12  solely for such purposes in accordance with the federal laws and 
  4.13  regulations pertaining thereto, subject to applicable state laws 
  4.14  and rules as to manner of expenditure or use providing that the 
  4.15  commissioner may make subgrants of any money received to other 
  4.16  agencies, units of local government, private individuals, 
  4.17  organizations, and private nonprofit corporations.  Appropriate 
  4.18  funds and accounts shall be maintained by the commissioner of 
  4.19  finance to secure compliance with this section. 
  4.20     (c) The commissioner may accept for and on behalf of the 
  4.21  permanent school fund a donation of lands, interest in lands, or 
  4.22  improvements on lands.  A donation so received shall become 
  4.23  state property, be classified as school trust land as defined in 
  4.24  section 92.025, and be managed consistent with section 127A.31. 
  4.25     Sec. 5.  Minnesota Statutes 2002, section 84.791, is 
  4.26  amended by adding a subdivision to read: 
  4.27     Subd. 4.  [OFF-HIGHWAY MOTORCYCLE SAFETY COURSES; 
  4.28  RECIPROCITY WITH OTHER STATES.] The commissioner may enter into 
  4.29  reciprocity agreements or otherwise certify off-highway 
  4.30  motorcycle environment and safety education and training courses 
  4.31  from other states that are substantially similar to in-state 
  4.32  courses.  Proof of completion of a course subject to a 
  4.33  reciprocity agreement or certified as substantially similar is 
  4.34  adequate to meet the safety certificate requirements of sections 
  4.35  84.787 to 84.796. 
  4.36     Sec. 6.  Minnesota Statutes 2002, section 84.82, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  5.3   (a) Application for registration or reregistration shall be made 
  5.4   to the commissioner of natural resources, or the commissioner of 
  5.5   public safety or an authorized deputy registrar of motor 
  5.6   vehicles in such form as a format prescribed by the commissioner 
  5.7   of public safety shall prescribe, and shall state the legal name 
  5.8   and address of every owner of the snowmobile.  
  5.9      (b) A person who purchases a snowmobile from a retail 
  5.10  dealer shall make application for registration to the dealer at 
  5.11  the point of sale.  The dealer shall issue a temporary 
  5.12  registration permit to each purchaser who applies to the dealer 
  5.13  for registration.  The temporary registration is valid for 60 
  5.14  days from the date of issue.  Each retail dealer shall submit 
  5.15  completed registration and fees to the deputy registrar at least 
  5.16  once a week.  Upon receipt of the application and the 
  5.17  appropriate fee as hereinafter provided, such snowmobile shall 
  5.18  be registered and a registration number assigned which shall be 
  5.19  affixed to the snowmobile in a clearly visible and permanent 
  5.20  manner for enforcement purposes as the commissioner of natural 
  5.21  resources shall prescribe.  The registration is not valid unless 
  5.22  signed by at least one owner. 
  5.23     (c) Each deputy registrar of motor vehicles acting pursuant 
  5.24  to section 168.33, shall also be a deputy registrar of 
  5.25  snowmobiles.  The commissioner of natural resources in agreement 
  5.26  with the commissioner of public safety may prescribe the 
  5.27  accounting and procedural requirements necessary to assure 
  5.28  efficient handling of registrations and registration fees.  
  5.29  Deputy registrars shall strictly comply with these accounting 
  5.30  and procedural requirements.  
  5.31     (d) A fee of $2 in addition to that otherwise prescribed by 
  5.32  law shall be charged for: 
  5.33     (1) each snowmobile registered by the registrar or a deputy 
  5.34  registrar and the additional fee shall be disposed of in the 
  5.35  manner provided in section 168.33, subdivision 2; or 
  5.36     (2) each snowmobile registered by the commissioner and the 
  6.1   additional fee shall be deposited in the state treasury and 
  6.2   credited to the snowmobile trails and enforcement account in the 
  6.3   natural resources fund.  
  6.4      Sec. 7.  Minnesota Statutes 2002, section 84.862, is 
  6.5   amended by adding a subdivision to read: 
  6.6      Subd. 2a.  [CERTIFICATES ISSUED IN OTHER STATES.] If a 
  6.7   person completes a safety course in another state that is 
  6.8   recognized by the commissioner under a reciprocity agreement, 
  6.9   evidence that the person has completed that course is acceptable 
  6.10  in lieu of a certificate under this section. 
  6.11     Sec. 8.  Minnesota Statutes 2002, section 84.925, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 3.  [ALL-TERRAIN VEHICLE SAFETY COURSES; RECIPROCITY 
  6.14  WITH OTHER STATES.] The commissioner may enter into reciprocity 
  6.15  agreements or otherwise certify all-terrain vehicle 
  6.16  environmental and safety education and training courses from 
  6.17  other states that are substantially similar to in-state 
  6.18  courses.  Proof of completion of a course subject to a 
  6.19  reciprocity agreement or certified as substantially similar is 
  6.20  adequate to meet the safety certificate requirements of sections 
  6.21  84.92 to 84.929. 
  6.22     Sec. 9.  Minnesota Statutes 2002, section 85.20, 
  6.23  subdivision 6, is amended to read: 
  6.24     Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
  6.25  throw, or deposit upon the lands and waters within a state 
  6.26  park any unit of the outdoor recreation system as defined in 
  6.27  section 86A.04 any substance, including cigarette filters and 
  6.28  debris from fireworks, that would mar the appearance, create a 
  6.29  stench, destroy the cleanliness or safety of the land, or would 
  6.30  be likely to injure any animal, vehicle, or person traveling 
  6.31  upon those lands and waters.  The operator of a vehicle or 
  6.32  watercraft, except a school bus or a vehicle transporting 
  6.33  passengers for hire and regulated by the interstate commerce 
  6.34  commission, shall not permit articles to be thrown or discarded 
  6.35  from the vehicle upon any lands or waters within a state park 
  6.36  any unit of the outdoor recreation system.  
  7.1      (b) Violation of this subdivision is a misdemeanor.  Any 
  7.2   person sentenced under this subdivision shall in lieu of the 
  7.3   sentence imposed be permitted, under terms established by the 
  7.4   court, to work under the direction of the department of natural 
  7.5   resources at clearing rubbish, trash, and debris from any state 
  7.6   park unit of the outdoor recreation system.  The court may for 
  7.7   any violation of this subdivision order the offender to perform 
  7.8   such work under terms established by the court with the option 
  7.9   of a jail sentence being imposed.  
  7.10     (c) In lieu of enforcement under paragraph (b), this 
  7.11  subdivision may be enforced by imposition of a civil penalty and 
  7.12  an action for damages for littering under section 115A.99. 
  7.13     Sec. 10.  Minnesota Statutes 2002, section 85.22, is 
  7.14  amended by adding a subdivision to read: 
  7.15     Subd. 5.  [EXEMPTION.] Purchases made from the state parks 
  7.16  working capital fund are exempt from competitive bidding, 
  7.17  notwithstanding chapter 16C. 
  7.18     Sec. 11.  Minnesota Statutes 2002, section 86B.101, is 
  7.19  amended by adding a subdivision to read: 
  7.20     Subd. 4.  [BOAT SAFETY EDUCATION PROGRAM; RECIPROCITY WITH 
  7.21  OTHER STATES.] The commissioner may enter into reciprocity 
  7.22  agreements or otherwise certify boat safety education programs 
  7.23  from other states that are substantially similar to in-state 
  7.24  programs.  The commissioner shall issue a watercraft operator's 
  7.25  permit to a person who provides proof of completion of a program 
  7.26  subject to a reciprocity agreement or certified as substantially 
  7.27  similar. 
  7.28     Sec. 12.  Minnesota Statutes 2002, section 86B.401, 
  7.29  subdivision 1, is amended to read: 
  7.30     Subdivision 1.  [APPLICATION.] (a) A person may apply to 
  7.31  the commissioner of natural resources, the commissioner of 
  7.32  public safety, or an authorized deputy registrar of motor 
  7.33  vehicles to license a watercraft in a form as format prescribed 
  7.34  by the commissioner of public safety.  
  7.35     (b) The application must state the names and addresses of 
  7.36  all owners of the watercraft. 
  8.1      Sec. 13.  Minnesota Statutes 2002, section 97A.065, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  8.4   forfeited bail collected from prosecutions of violations of:  
  8.5   the game and fish laws or rules adopted thereunder; sections 
  8.6   84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 
  8.7   84.91 or rules adopted thereunder; section 169A.20, when the 
  8.8   violation involved an off-road recreational vehicle as defined 
  8.9   in section 169A.03, subdivision 16; chapter 348; and any other 
  8.10  law relating to wild animals or aquatic vegetation, must be paid 
  8.11  to the treasurer of the county where the violation is 
  8.12  prosecuted.  The county treasurer shall submit one-half of the 
  8.13  receipts to the commissioner and credit the balance to the 
  8.14  county general revenue fund except as provided in paragraphs 
  8.15  (b), (c), and (d).  In a county in a judicial district under 
  8.16  section 480.181, subdivision 1, paragraph (b), the share that 
  8.17  would otherwise go to the county under this paragraph must be 
  8.18  submitted to the state treasurer for deposit in the state 
  8.19  treasury and credited to the general fund. 
  8.20     (b) The commissioner must may reimburse a county, from the 
  8.21  game and fish fund, for the cost of keeping prisoners prosecuted 
  8.22  for violations of the game and fish laws under this section if 
  8.23  the county board, by resolution, directs:  (1) the county 
  8.24  treasurer to submit all game and fish fines and forfeited bail 
  8.25  to the commissioner; and (2) the county auditor to certify and 
  8.26  submit monthly itemized statements to the commissioner.  
  8.27     (c) The county treasurer shall submit one-half of the 
  8.28  receipts collected under paragraph (a) from prosecutions of 
  8.29  violations of sections 84.81 to 84.91 or rules adopted 
  8.30  thereunder, and 169A.20, except receipts that are surcharges 
  8.31  imposed under section 357.021, subdivision 6, to the 
  8.32  commissioner and credit the balance to the county general fund.  
  8.33  The commissioner shall credit these receipts to the snowmobile 
  8.34  trails and enforcement account in the natural resources fund. 
  8.35     (d) The county treasurer shall indicate the amount of the 
  8.36  receipts that are surcharges imposed under section 357.021, 
  9.1   subdivision 6, and shall submit all of those receipts to the 
  9.2   state treasurer. 
  9.3      Sec. 14.  Minnesota Statutes 2002, section 97B.020, is 
  9.4   amended to read: 
  9.5      97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
  9.6      (a) Except as provided in this section and section 97A.451, 
  9.7   subdivision 3a, a person born after December 31, 1979, may not 
  9.8   obtain an annual license to take wild animals by firearms unless 
  9.9   the person has a firearms safety certificate or equivalent 
  9.10  certificate, driver's license or identification card with a 
  9.11  valid firearms safety qualification indicator issued under 
  9.12  section 171.07, subdivision 13, previous hunting license, or 
  9.13  other evidence indicating that the person has completed in this 
  9.14  state or in another state a hunter safety course recognized by 
  9.15  the department under a reciprocity agreement or certified by the 
  9.16  department as substantially similar.  A person who is on active 
  9.17  duty and has successfully completed basic training in the United 
  9.18  States armed forces, reserve component, or national guard may 
  9.19  obtain a hunting license or approval authorizing hunting 
  9.20  regardless of whether the person is issued a firearms safety 
  9.21  certificate. 
  9.22     (b) A person born after December 31, 1979, may not use a 
  9.23  lifetime license to take wild animals by firearms, unless the 
  9.24  person meets the requirements for obtaining an annual license 
  9.25  under paragraph (a). 
  9.26     Sec. 15.  Minnesota Statutes 2002, section 97C.355, 
  9.27  subdivision 1, is amended to read: 
  9.28     Subdivision 1.  [IDENTIFICATION REQUIRED.] All shelters on 
  9.29  the ice of state waters, including dark houses and fish houses, 
  9.30  must have:  (1) the owner's name and address or, (2) the owner's 
  9.31  driver's license number of an, or (3) the "MDNR#" license 
  9.32  identification number issued to the owner legibly displayed on 
  9.33  the exterior with characters at least two inches high. 
  9.34     Sec. 16.  Minnesota Statutes 2002, section 97C.355, 
  9.35  subdivision 2, is amended to read: 
  9.36     Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
 10.1   from a dark house or fish house unless the house is licensed and 
 10.2   has a durable license tag attached to the exterior as prescribed 
 10.3   by the commissioner in a readily visible location, except as 
 10.4   provided in this subdivision.  The commissioner must issue 
 10.5   a durable tag that is at least two inches in diameter with a 
 10.6   3/16 inch hole in the center with a dark house or fish house 
 10.7   license.  The durable tag must be, marked with a number to 
 10.8   correspond with the license and the year of issue.  A dark house 
 10.9   or fish house license is not required of a resident on boundary 
 10.10  waters where the adjacent state does not charge a fee for the 
 10.11  same activity. 
 10.12     Sec. 17.  Minnesota Statutes 2002, section 169.42, 
 10.13  subdivision 1, is amended to read: 
 10.14     Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
 10.15  shall throw, deposit, place or dump, or cause to be thrown, 
 10.16  deposited, placed or dumped upon any street or highway or upon 
 10.17  any public or privately owned land adjacent thereto without the 
 10.18  owner's consent any snow, ice, glass bottle, glass, nails, 
 10.19  tacks, wire, cans, garbage, swill, papers, ashes, cigarette 
 10.20  filters, debris from fireworks, refuse, carcass of any dead 
 10.21  animal, offal, trash or rubbish or any other form of offensive 
 10.22  matter or any other substance likely to injure any person, 
 10.23  animal or vehicle upon any such street or highway. 
 10.24     Sec. 18.  Minnesota Statutes 2002, section 169.421, 
 10.25  subdivision 3, is amended to read: 
 10.26     Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
 10.27  including litter, glass, nails, tacks, wire, cans, bottles, 
 10.28  garbage, papers, refuse, trash, cigarette filters, debris from 
 10.29  fireworks, or any form of offensive matter is thrown, deposited, 
 10.30  placed, or dumped from a vehicle upon any street or highway, 
 10.31  public land, or upon private land without the consent of the 
 10.32  owner of the land, a violation of this subdivision occurs and 
 10.33  civil liability is imposed upon the owner of the vehicle.  The 
 10.34  driver and passengers riding in a vehicle are constituted as the 
 10.35  agents of the owner of the vehicle for purposes of this 
 10.36  subdivision.  It is a defense to any action brought pursuant to 
 11.1   this section that the vehicle was stolen.  This section is not 
 11.2   applicable to the owner of a vehicle transporting persons for 
 11.3   hire or transporting school children.  
 11.4      Sec. 19.  Minnesota Statutes 2002, section 609.68, is 
 11.5   amended to read: 
 11.6      609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 11.7      Whoever unlawfully deposits garbage, rubbish, cigarette 
 11.8   filters, debris from fireworks, offal, or the body of a dead 
 11.9   animal, or other litter in or upon any public highway, public 
 11.10  waters or the ice thereon, shoreland areas adjacent to rivers or 
 11.11  streams as defined by section 103F.205, public lands, or, 
 11.12  without the consent of the owner, private lands or water or ice 
 11.13  thereon, is guilty of a misdemeanor. 
 11.14     Sec. 20.  [REPEALER.] 
 11.15     Minnesota Statutes 2002, section 97A.051, subdivision 1, is 
 11.16  repealed.  Minnesota Rules, part 6262.0100, subpart 2, is 
 11.17  repealed. 
 11.18                             ARTICLE 2 
 11.19                PUBLIC SAFETY REGULATORY PROVISIONS 
 11.20     Section 1.  Minnesota Statutes 2002, section 13.871, is 
 11.21  amended by adding a subdivision to read: 
 11.22     Subd. 9.  [PISTOL PERMIT DATA.] Data on persons permitted 
 11.23  to carry pistols under the terms of a permit must be shared as 
 11.24  required by section 624.714, subdivision 6. 
 11.25     Sec. 2.  Minnesota Statutes 2002, section 609.66, 
 11.26  subdivision 1d, is amended to read: 
 11.27     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY; 
 11.28  PENALTY.] (a) Except as provided under paragraphs (c) and (e), 
 11.29  whoever possesses, stores, or keeps a dangerous weapon or uses 
 11.30  or brandishes a replica firearm or a BB gun while knowingly on 
 11.31  school property is guilty of a felony and may be sentenced to 
 11.32  imprisonment for not more than two years or to payment of a fine 
 11.33  of not more than $5,000, or both. 
 11.34     (b) Whoever possesses, stores, or keeps a replica firearm 
 11.35  or a BB gun on school property is guilty of a gross misdemeanor. 
 11.36     (c) Notwithstanding paragraph (a) or (b), it is a 
 12.1   misdemeanor for a person authorized to carry a firearm under the 
 12.2   provisions of a permit or otherwise to carry a firearm on or 
 12.3   about the person's clothes or person in a location the person 
 12.4   knows is school property.  Notwithstanding section 609.531, a 
 12.5   firearm carried in violation of this paragraph is not subject to 
 12.6   forfeiture. 
 12.7      (d) As used in this subdivision: 
 12.8      (1) "BB gun" means a device that fires or ejects a shot 
 12.9   measuring .18 of an inch or less in diameter; 
 12.10     (2) "dangerous weapon" has the meaning given it in section 
 12.11  609.02, subdivision 6; 
 12.12     (3) "replica firearm" has the meaning given it in section 
 12.13  609.713; and 
 12.14     (4) "school property" means: 
 12.15     (i) a public or private elementary, middle, or secondary 
 12.16  school building and its improved grounds, whether leased or 
 12.17  owned by the school; and 
 12.18     (ii) a child care center licensed under chapter 245A during 
 12.19  the period children are present and participating in a child 
 12.20  care program; 
 12.21     (iii) the area within a school bus when that bus is being 
 12.22  used by a school to transport one or more elementary, middle, or 
 12.23  secondary school students to and from school-related activities, 
 12.24  including curricular, cocurricular, noncurricular, 
 12.25  extracurricular, and supplementary activities; and 
 12.26     (iv) that portion of a building or facility under the 
 12.27  temporary, exclusive control of a public or private school, a 
 12.28  school district, or an association of such entities where 
 12.29  conspicuous signs are prominently posted at each entrance that 
 12.30  give actual notice to persons of the school-related use. 
 12.31     (d) (e) This subdivision does not apply to: 
 12.32     (1) licensed peace officers, military personnel, or 
 12.33  students participating in military training, who are on-duty, 
 12.34  performing official duties; 
 12.35     (2) persons who carry pistols according to the terms of a 
 12.36  permit authorized to carry a pistol under section 624.714 while 
 13.1   in a motor vehicle or outside of a motor vehicle to directly 
 13.2   place a firearm in, or retrieve it from, the trunk or rear area 
 13.3   of the vehicle; 
 13.4      (3) persons who keep or store in a motor vehicle pistols in 
 13.5   accordance with sections section 624.714 and or 624.715 or other 
 13.6   firearms in accordance with section 97B.045; 
 13.7      (4) firearm safety or marksmanship courses or activities 
 13.8   conducted on school property; 
 13.9      (5) possession of dangerous weapons, BB guns, or replica 
 13.10  firearms by a ceremonial color guard; 
 13.11     (6) a gun or knife show held on school property; or 
 13.12     (7) possession of dangerous weapons, BB guns, or replica 
 13.13  firearms with written permission of the principal or other 
 13.14  person having general control and supervision of the school or 
 13.15  the director of a child care center; or 
 13.16     (8) persons who are on unimproved property owned or leased 
 13.17  by a child care center, school, or school district unless the 
 13.18  person knows that a student is currently present on the land for 
 13.19  a school-related activity. 
 13.20     (f) Notwithstanding section 471.634, a school district or 
 13.21  other entity composed exclusively of school districts may not 
 13.22  regulate firearms, ammunition, or their respective components, 
 13.23  when possessed or carried by nonstudents or nonemployees, in a 
 13.24  manner that is inconsistent with this subdivision. 
 13.25     Sec. 3.  Minnesota Statutes 2002, section 624.712, is 
 13.26  amended by adding a subdivision to read: 
 13.27     Subd. 11.  [COMMISSIONER.] "Commissioner" means the 
 13.28  commissioner of public safety unless otherwise indicated. 
 13.29     Sec. 4.  Minnesota Statutes 2002, section 624.714, is 
 13.30  amended by adding a subdivision to read: 
 13.31     Subd. 1a.  [PERMIT REQUIRED; PENALTY.] A person, other than 
 13.32  a peace officer, as defined in section 626.84, subdivision 1, 
 13.33  who carries, holds, or possesses a pistol in a motor vehicle, 
 13.34  snowmobile, or boat, or on or about the person's clothes or the 
 13.35  person, or otherwise in possession or control in a public place, 
 13.36  as defined in section 624.7181, subdivision 1, paragraph (c), 
 14.1   without first having obtained a permit to carry the pistol is 
 14.2   guilty of a gross misdemeanor.  A person who is convicted a 
 14.3   second or subsequent time is guilty of a felony. 
 14.4      Sec. 5.  Minnesota Statutes 2002, section 624.714, is 
 14.5   amended by adding a subdivision to read: 
 14.6      Subd. 1b.  [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 
 14.7   a permit to carry must have the permit card and a driver's 
 14.8   license, state identification card, or other government-issued 
 14.9   photo identification in immediate possession at all times when 
 14.10  carrying a pistol and must display the permit card and 
 14.11  identification document upon lawful demand by a peace officer, 
 14.12  as defined in section 626.84, subdivision 1.  A violation of 
 14.13  this paragraph is a petty misdemeanor.  The fine for a first 
 14.14  offense must not exceed $25.  Notwithstanding section 609.531, a 
 14.15  firearm carried in violation of this paragraph is not subject to 
 14.16  forfeiture. 
 14.17     (b) A citation issued for violating paragraph (a) must be 
 14.18  dismissed if the person demonstrates, in court or in the office 
 14.19  of the arresting officer, that the person was authorized to 
 14.20  carry the pistol at the time of the alleged violation. 
 14.21     (c) Upon the request of a peace officer, a permit holder 
 14.22  must write a sample signature in the officer's presence to aid 
 14.23  in verifying the person's identity. 
 14.24     Sec. 6.  Minnesota Statutes 2002, section 624.714, 
 14.25  subdivision 2, is amended to read: 
 14.26     Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
 14.27  PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
 14.28  residents for permits to carry shall be made to the chief of 
 14.29  police of an organized full-time police department of the 
 14.30  municipality where the applicant resides or to the county 
 14.31  sheriff where there is no such local chief of police where the 
 14.32  applicant resides.  At the time of application, the local police 
 14.33  authority shall provide the applicant with a dated receipt for 
 14.34  the application. Nonresidents, as defined in section 171.01, 
 14.35  subdivision 42, may apply to any sheriff. 
 14.36     (b) Unless a sheriff denies a permit under the exception 
 15.1   set forth in subdivision 6, paragraph (a), clause (3), a sheriff 
 15.2   must issue a permit to an applicant if the person: 
 15.3      (1) has training in the safe use of a pistol; 
 15.4      (2) is at least 21 years old and a citizen or a permanent 
 15.5   resident of the United States; 
 15.6      (3) completes an application for a permit; 
 15.7      (4) is not prohibited from possessing a firearm under the 
 15.8   following sections: 
 15.9      (i) 518B.01, subdivision 14; 
 15.10     (ii) 609.224, subdivision 3; 
 15.11     (iii) 609.2242, subdivision 3; 
 15.12     (iv) 609.749, subdivision 8; 
 15.13     (v) 624.713; 
 15.14     (vi) 624.719; 
 15.15     (vii) 629.715, subdivision 2; or 
 15.16     (viii) 629.72, subdivision 2; and 
 15.17     (5) is not listed in the criminal gang investigative data 
 15.18  system under section 299C.091. 
 15.19     (c) A permit to carry a pistol issued or recognized under 
 15.20  this section is a state permit and is effective throughout the 
 15.21  state. 
 15.22     (d) A sheriff may contract with a police chief to process 
 15.23  permit applications under this section.  If a sheriff contracts 
 15.24  with a police chief, the sheriff remains the issuing authority 
 15.25  and the police chief acts as the sheriff's agent.  If a sheriff 
 15.26  contracts with a police chief, all of the provisions of this 
 15.27  section will apply. 
 15.28     Sec. 7.  Minnesota Statutes 2002, section 624.714, is 
 15.29  amended by adding a subdivision to read: 
 15.30     Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
 15.31  applicant must present evidence that the applicant received 
 15.32  training in the safe use of a pistol within one year of the date 
 15.33  of an original or renewal application.  Training may be 
 15.34  demonstrated by: 
 15.35     (1) employment as a peace officer in the state of Minnesota 
 15.36  within the past year; or 
 16.1      (2) completion of a firearms safety or training course 
 16.2   providing basic training in the safe use of a pistol and 
 16.3   conducted by a certified instructor. 
 16.4      (b) Basic training must include: 
 16.5      (1) instruction in the fundamentals of pistol use; 
 16.6      (2) successful completion of an actual shooting 
 16.7   qualification exercise; and 
 16.8      (3) instruction in the fundamental legal aspects of pistol 
 16.9   possession, carry, and use, including self-defense and the 
 16.10  restrictions on the use of deadly force. 
 16.11     (c) A person qualifies as a certified instructor if the 
 16.12  person is certified as a firearms instructor within the past 
 16.13  five years by: 
 16.14     (1) the bureau of criminal apprehension, training and 
 16.15  development section; 
 16.16     (2) the Minnesota Association of Law Enforcement Firearms 
 16.17  Instructors; 
 16.18     (3) the National Rifle Association; 
 16.19     (4) the American Association of Certified Firearms 
 16.20  Instructors; 
 16.21     (5) the peace officer standards and training board of this 
 16.22  state or a similar agency of another state that certifies 
 16.23  firearms instructors; or 
 16.24     (6) the department of public safety of this state or a 
 16.25  similar agency of another state that certifies firearms 
 16.26  instructors. 
 16.27     (d) A sheriff must accept the training described in this 
 16.28  subdivision as meeting the requirement in subdivision 2, 
 16.29  paragraph (b), for training in the safe use of a pistol.  A 
 16.30  sheriff may also accept other satisfactory evidence of training 
 16.31  in the safe use of a pistol. 
 16.32     Sec. 8.  Minnesota Statutes 2002, section 624.714, 
 16.33  subdivision 3, is amended to read: 
 16.34     Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
 16.35  Applications for permits to carry shall must be an official, 
 16.36  standardized application form, adopted under section 624.7151, 
 17.1   and must set forth in writing only the following information: 
 17.2      (1) the applicant's name, residence, telephone number, if 
 17.3   any, and driver's license number or nonqualification certificate 
 17.4   number, if any, of the applicant or state identification card 
 17.5   number; 
 17.6      (2) the applicant's sex, date of birth, height, weight, and 
 17.7   color of eyes and hair, and distinguishing physical 
 17.8   characteristics, if any, of the applicant; 
 17.9      (3) all states of residence of the applicant in the last 
 17.10  ten years, though not including specific addresses; 
 17.11     (4) a statement that the applicant authorizes the release 
 17.12  to the local police authority sheriff of commitment information 
 17.13  about the applicant maintained by the commissioner of human 
 17.14  services or any similar agency or department of another state 
 17.15  where the applicant has resided, to the extent that the 
 17.16  information relates to the applicant's eligibility to possess 
 17.17  a pistol or semiautomatic military-style assault weapon under 
 17.18  section 624.713, subdivision 1 firearm; and 
 17.19     (4) (5) a statement by the applicant that, to the best of 
 17.20  the applicant's knowledge and belief, the applicant is not 
 17.21  prohibited by section 624.713 from possessing a pistol or 
 17.22  semiautomatic military-style assault weapon; and law from 
 17.23  possessing a firearm. 
 17.24     (5) a recent color photograph of the applicant. 
 17.25  The application shall be signed and dated by the 
 17.26  applicant.  (b) The statement under paragraph (a), clause 
 17.27  (3) (4), must comply with any applicable requirements of Code of 
 17.28  Federal Regulations, title 42, sections 2.31 to 2.35, with 
 17.29  respect to consent to disclosure of alcohol or drug abuse 
 17.30  patient records. 
 17.31     (c) An applicant must submit to the sheriff an application 
 17.32  packet consisting only of the following items: 
 17.33     (1) a completed application form, signed and dated by the 
 17.34  applicant; 
 17.35     (2) an accurate photocopy of a certificate, affidavit, or 
 17.36  other document that is submitted as the applicant's evidence of 
 18.1   training in the safe use of a pistol; and 
 18.2      (3) an accurate photocopy of the applicant's current 
 18.3   driver's license, state identification card, or the photo page 
 18.4   of the applicant's passport. 
 18.5      (d) In addition to the other application materials, a 
 18.6   person who is otherwise ineligible for a permit due to a 
 18.7   criminal conviction but who has obtained a pardon or expungement 
 18.8   setting aside the conviction, sealing the conviction, or 
 18.9   otherwise restoring applicable rights, must submit a copy of the 
 18.10  relevant order. 
 18.11     (e) Applications must be submitted in person. 
 18.12     (f) The sheriff may charge a new application processing fee 
 18.13  in an amount not to exceed the actual and reasonable direct cost 
 18.14  of processing the application or $100, whichever is less.  Of 
 18.15  this amount, $10 must be submitted to the commissioner of public 
 18.16  safety and deposited into the general fund. 
 18.17     (g) This subdivision prescribes the complete and exclusive 
 18.18  set of items an applicant is required to submit in order to 
 18.19  apply for a new or renewal permit to carry.  The applicant must 
 18.20  not be asked or required to submit, voluntarily or 
 18.21  involuntarily, any information, fees, or documentation beyond 
 18.22  that specifically required by this subdivision.  This paragraph 
 18.23  does not apply to alternate training evidence accepted by the 
 18.24  sheriff under subdivision 2a, paragraph (d). 
 18.25     (h) Forms for new and renewal applications must be 
 18.26  available at all sheriffs' offices and the commissioner of 
 18.27  public safety must make the forms available on the Internet. 
 18.28     (i) Application forms must clearly display a notice that a 
 18.29  permit, if granted, is void and must be immediately returned to 
 18.30  the sheriff if the permit holder is or becomes prohibited by law 
 18.31  from possessing a firearm.  The notice must list the applicable 
 18.32  state criminal offenses and civil categories that prohibit a 
 18.33  person from possessing a firearm. 
 18.34     (j) Upon receipt of an application packet and any required 
 18.35  fee, the sheriff must provide a signed receipt indicating the 
 18.36  date of submission. 
 19.1      Sec. 9.  Minnesota Statutes 2002, section 624.714, 
 19.2   subdivision 4, is amended to read: 
 19.3      Subd. 4.  [INVESTIGATION.] (a) The application authority 
 19.4   shall sheriff must check, by means of electronic data transfer, 
 19.5   criminal records, histories, and warrant information on each 
 19.6   applicant through the Minnesota Crime Information System.  The 
 19.7   chief of police or sheriff shall and, to the extent necessary, 
 19.8   the National Instant Check System.  The sheriff shall also make 
 19.9   a reasonable effort to check other available and relevant 
 19.10  federal, state, or local record keeping systems.  The sheriff 
 19.11  must obtain commitment information from the commissioner of 
 19.12  human services as provided in section 245.041 or, if the 
 19.13  information is reasonably available, as provided by a similar 
 19.14  statute from another state. 
 19.15     (b) When an application for a permit is filed under this 
 19.16  section, the sheriff must notify the chief of police, if any, of 
 19.17  the municipality where the applicant resides.  The police chief 
 19.18  may provide the sheriff with any information relevant to the 
 19.19  issuance of the permit. 
 19.20     (c) The sheriff must conduct a background check by means of 
 19.21  electronic data transfer on a permit holder through the 
 19.22  Minnesota Crime Information System and, to the extent necessary, 
 19.23  the National Instant Check System at least yearly to ensure 
 19.24  continuing eligibility.  The sheriff may conduct additional 
 19.25  background checks by means of electronic data transfer on a 
 19.26  permit holder at any time during the period that a permit is in 
 19.27  effect. 
 19.28     Sec. 10.  Minnesota Statutes 2002, section 624.714, 
 19.29  subdivision 6, is amended to read: 
 19.30     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
 19.31  PERMITS.] (a) The sheriff must, within 30 days after the date of 
 19.32  receipt of the application packet described in subdivision 3: 
 19.33     (1) issue the permit to carry; 
 19.34     (2) deny the application for a permit to carry solely on 
 19.35  the grounds that the applicant failed to qualify under the 
 19.36  criteria described in subdivision 2, paragraph (b); or 
 20.1      (3) deny the application on the grounds that there exists a 
 20.2   substantial likelihood that the applicant is a danger to self or 
 20.3   the public if authorized to carry a pistol under a permit. 
 20.4      (b) Failure of the chief police officer or the county 
 20.5   sheriff to deny the application or issue a permit to carry a 
 20.6   pistol notify the applicant of the denial of the application 
 20.7   within 21 30 days of after the date of receipt of the 
 20.8   application shall be deemed to be a grant thereof. packet 
 20.9   constitutes issuance of the permit to carry and the sheriff must 
 20.10  promptly fulfill the requirements under paragraph (c).  To deny 
 20.11  the application, the local police authority shall sheriff must 
 20.12  provide an the applicant with written notification of a denial 
 20.13  and the specific reason for factual basis justifying the denial 
 20.14  under paragraph (a), clause (2) or (3), including the source of 
 20.15  the factual basis.  The sheriff must inform the applicant of the 
 20.16  applicant's right to submit, within 20 business days, any 
 20.17  additional documentation relating to the propriety of the denial.
 20.18  A chief of police or a sheriff may charge a fee to cover the 
 20.19  cost of conducting a background check, not to exceed $10.  The 
 20.20  permit shall specify the activities for which it shall be valid. 
 20.21  Upon receiving any additional documentation, the sheriff must 
 20.22  reconsider the denial and inform the applicant within 15 
 20.23  business days of the result of the reconsideration.  Any denial 
 20.24  after reconsideration must be in the same form and substance as 
 20.25  the original denial and must specifically address any continued 
 20.26  deficiencies in light of the additional documentation submitted 
 20.27  by the applicant.  The applicant must be informed of the right 
 20.28  to seek de novo review of the denial as provided in subdivision 
 20.29  12. 
 20.30     (c) Upon issuing a permit to carry, the sheriff must 
 20.31  provide a laminated permit card to the applicant by first class 
 20.32  mail unless personal delivery has been made.  Within five 
 20.33  business days, the sheriff must submit the information specified 
 20.34  in subdivision 7, paragraph (a), to the commissioner of public 
 20.35  safety for inclusion solely in the database required under 
 20.36  subdivision 15, paragraph (a).  The sheriff must transmit the 
 21.1   information in a manner and format prescribed by the 
 21.2   commissioner. 
 21.3      (d) Within five business days of learning that a permit to 
 21.4   carry has been suspended or revoked, the sheriff must submit 
 21.5   information to the commissioner of public safety regarding the 
 21.6   suspension or revocation for inclusion solely in the databases 
 21.7   required or permitted under subdivision 15. 
 21.8      (e) Notwithstanding paragraphs (a) and (b), the sheriff may 
 21.9   suspend the application process if a charge is pending against 
 21.10  the applicant that, if resulting in conviction, will prohibit 
 21.11  the applicant from possessing a firearm. 
 21.12     Sec. 11.  Minnesota Statutes 2002, section 624.714, 
 21.13  subdivision 7, is amended to read: 
 21.14     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
 21.15  Permits to carry a pistol issued pursuant to this section shall 
 21.16  expire after one year and shall thereafter be renewed in the 
 21.17  same manner and subject to the same provisions by which the 
 21.18  original permit was obtained, except that all renewed permits 
 21.19  must comply with the standards adopted by the commissioner of 
 21.20  public safety under section 624.7161. (a) Permits to carry must 
 21.21  be on an official, standardized permit card adopted by the 
 21.22  commissioner of public safety, containing only the name, 
 21.23  residence, and driver's license number or state identification 
 21.24  card number of the permit holder, if any. 
 21.25     (b) The permit card must also identify the issuing sheriff 
 21.26  and state the expiration date of the permit.  The permit card 
 21.27  must clearly display a notice that a permit, if granted, is void 
 21.28  and must be immediately returned to the sheriff if the permit 
 21.29  holder becomes prohibited by law from possessing a firearm.  
 21.30     (c) A permit to carry a pistol issued under this section 
 21.31  expires five years after the date of issue.  It may be renewed 
 21.32  in the same manner and under the same criteria which the 
 21.33  original permit was obtained, subject to the following 
 21.34  procedures: 
 21.35     (1) no earlier than 90 days prior to the expiration date on 
 21.36  the permit, the permit holder may renew the permit by submitting 
 22.1   to the appropriate sheriff the application packet described in 
 22.2   subdivision 3 and a renewal processing fee not to exceed the 
 22.3   actual and reasonable direct cost of processing the application 
 22.4   or $75, whichever is less.  Of this amount, $5 must be submitted 
 22.5   to the commissioner of public safety and deposited into the 
 22.6   general fund.  The sheriff must process the renewal application 
 22.7   in accordance with subdivisions 4 and 6; and 
 22.8      (2) a permit holder who submits a renewal application 
 22.9   packet after the expiration date of the permit, but within 30 
 22.10  days after expiration, may renew the permit as provided in 
 22.11  clause (1) by paying an additional late fee of $10. 
 22.12     (d) The renewal permit is effective beginning on the 
 22.13  expiration date of the prior permit to carry. 
 22.14     Sec. 12.  Minnesota Statutes 2002, section 624.714, is 
 22.15  amended by adding a subdivision to read: 
 22.16     Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
 22.17  PERMIT.] (a) Within 30 days after changing permanent address, or 
 22.18  within 30 days of having lost or destroyed the permit card, the 
 22.19  permit holder must notify the issuing sheriff of the change, 
 22.20  loss, or destruction.  Failure to provide notification as 
 22.21  required by this subdivision is a petty misdemeanor.  The fine 
 22.22  for a first offense must not exceed $25.  Notwithstanding 
 22.23  section 609.531, a firearm carried in violation of this 
 22.24  paragraph is not subject to forfeiture. 
 22.25     (b) After notice is given under paragraph (a), a permit 
 22.26  holder may obtain a replacement permit card by paying $10 to the 
 22.27  sheriff.  The request for a replacement permit card must be made 
 22.28  on an official, standardized application adopted for this 
 22.29  purpose under section 624.7151, and, except in the case of an 
 22.30  address change, must include a notarized statement that the 
 22.31  permit card has been lost or destroyed. 
 22.32     Sec. 13.  Minnesota Statutes 2002, section 624.714, 
 22.33  subdivision 8, is amended to read: 
 22.34     Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
 22.35  shall be is void and must be revoked at the time that the holder 
 22.36  becomes prohibited by law from possessing a pistol under section 
 23.1   624.713 firearm, in which event the holder shall must return the 
 23.2   permit card to the issuing sheriff within five business days to 
 23.3   the application authority after the holder knows or should know 
 23.4   that the holder is a prohibited person.  If a permit is revoked 
 23.5   under this subdivision, the sheriff must give notice to the 
 23.6   permit holder in writing in the same manner as a denial.  
 23.7   Failure of the holder to return the permit within the five days 
 23.8   is a gross misdemeanor unless the court finds that the 
 23.9   circumstances or the physical or mental condition of the permit 
 23.10  holder prevented the holder from complying with the return 
 23.11  requirement. 
 23.12     (b) When a permit holder is convicted of an offense that 
 23.13  prohibits the permit holder from possessing a firearm, the court 
 23.14  must revoke the permit and, if it is available, take possession 
 23.15  of it and send it to the issuing sheriff. 
 23.16     (c) The sheriff of the county where the application was 
 23.17  submitted, or of the county of the permit holder's current 
 23.18  residence, may file a petition with the district court therein, 
 23.19  for an order revoking a permit to carry on the grounds set forth 
 23.20  in subdivision 6, paragraph (a), clause (3).  An order shall be 
 23.21  issued only if the sheriff meets the burden of proof and 
 23.22  criteria set forth in subdivision 12.  If the court denies the 
 23.23  petition, the court must award the permit holder reasonable 
 23.24  costs and expenses, including attorney fees. 
 23.25     (d) A permit revocation must be promptly reported to the 
 23.26  issuing sheriff. 
 23.27     Sec. 14.  Minnesota Statutes 2002, section 624.714, is 
 23.28  amended by adding a subdivision to read: 
 23.29     Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 23.30  charged with an offense that would, upon conviction, prohibit 
 23.31  the person from possessing a firearm, the prosecuting attorney 
 23.32  must ascertain whether the person is a permit holder under this 
 23.33  section.  If the person is a permit holder, the prosecutor must 
 23.34  notify the issuing sheriff that the person has been charged with 
 23.35  a prohibiting offense.  The prosecutor must also notify the 
 23.36  sheriff of the final disposition of the case. 
 24.1      Sec. 15.  Minnesota Statutes 2002, section 624.714, 
 24.2   subdivision 10, is amended to read: 
 24.3      Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
 24.4   causes to be given any false material information in applying 
 24.5   for a permit to carry, knowing or having reason to know the 
 24.6   information is false, is guilty of a gross misdemeanor. 
 24.7      Sec. 16.  Minnesota Statutes 2002, section 624.714, is 
 24.8   amended by adding a subdivision to read: 
 24.9      Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
 24.10  immediately issue an emergency permit to a person if the sheriff 
 24.11  determines that the person is in an emergency situation that may 
 24.12  constitute an immediate risk to the safety of the person or 
 24.13  someone residing in the person's household.  A person seeking an 
 24.14  emergency permit must complete an application form and must sign 
 24.15  an affidavit describing the emergency situation.  An emergency 
 24.16  permit applicant does not need to provide evidence of training.  
 24.17  An emergency permit is valid for 30 days, may not be renewed, 
 24.18  and may be revoked without a hearing.  No fee may be charged for 
 24.19  an emergency permit.  An emergency permit holder may seek a 
 24.20  regular permit under subdivision 3 and is subject to the other 
 24.21  applicable provisions of this section. 
 24.22     Sec. 17.  Minnesota Statutes 2002, section 624.714, 
 24.23  subdivision 12, is amended to read: 
 24.24     Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] (a) Any 
 24.25  person aggrieved by denial or revocation of a permit to carry 
 24.26  may appeal the denial by petition to the district court having 
 24.27  jurisdiction over the county or municipality wherein the 
 24.28  notification or denial occurred where the application was 
 24.29  submitted.  The petition must list the sheriff as the 
 24.30  respondent.  The district court must hold a hearing at the 
 24.31  earliest practicable date and in any event no later than 60 days 
 24.32  following the filing of the petition for review.  The court may 
 24.33  not grant or deny any relief before the completion of the 
 24.34  hearing.  The record of the hearing must be sealed.  The matter 
 24.35  shall must be heard de novo without a jury. 
 24.36     (b) The court must issue written findings of fact and 
 25.1   conclusions of law regarding the issues submitted by the 
 25.2   parties.  The court must issue its writ of mandamus directing 
 25.3   that the permit be issued and order other appropriate relief 
 25.4   unless the sheriff establishes by clear and convincing evidence: 
 25.5      (1) that the applicant is disqualified under the criteria 
 25.6   described in subdivision 2, paragraph (b); or 
 25.7      (2) that there exists a substantial likelihood that the 
 25.8   applicant is a danger to self or the public if authorized to 
 25.9   carry a pistol under a permit.  Incidents of alleged criminal 
 25.10  misconduct that are not investigated and documented, and 
 25.11  incidents for which the applicant was charged and acquitted, may 
 25.12  not be considered.  
 25.13     (c) If an applicant is denied a permit on the grounds that 
 25.14  the applicant is listed in the criminal gang investigative data 
 25.15  system under section 299C.091, the person may challenge the 
 25.16  denial, after disclosure under court supervision of the reason 
 25.17  for that listing, based on grounds that the person: 
 25.18     (1) was erroneously identified as a person in the data 
 25.19  system; 
 25.20     (2) was improperly included in the data system according to 
 25.21  the criteria outlined in section 299C.091, subdivision 2, 
 25.22  paragraph (b); or 
 25.23     (3) has demonstrably withdrawn from the activities and 
 25.24  associations that led to inclusion in the data system. 
 25.25     (d) If the court grants a petition brought under paragraph 
 25.26  (a), the court must award the applicant or permit holder 
 25.27  reasonable costs and expenses including attorney fees. 
 25.28     Sec. 18.  Minnesota Statutes 2002, section 624.714, is 
 25.29  amended by adding a subdivision to read: 
 25.30     Subd. 12a.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 25.31  district court may order suspension of the application process 
 25.32  for a permit or suspend the permit of a permit holder as a 
 25.33  condition of release pursuant to the same criteria as the 
 25.34  surrender of firearms under section 629.715.  A permit 
 25.35  suspension must be promptly reported to the issuing sheriff.  If 
 25.36  the permit holder has an out-of-state permit recognized under 
 26.1   subdivision 16, the court must promptly report the suspension to 
 26.2   the commissioner of public safety for inclusion solely in the 
 26.3   database under subdivision 15, paragraph (a). 
 26.4      Sec. 19.  Minnesota Statutes 2002, section 624.714, is 
 26.5   amended by adding a subdivision to read: 
 26.6      Subd. 14.  [RECORDS.] (a) A sheriff must not maintain 
 26.7   records or data collected, made, or held under this section 
 26.8   concerning any applicant or permit holder that are not necessary 
 26.9   under this section to support a permit that is outstanding or 
 26.10  eligible for renewal under subdivision 7, paragraph (b).  
 26.11  Notwithstanding section 138.163, sheriffs must completely purge 
 26.12  all files and databases by March 1 of each year to delete all 
 26.13  information collected under this section concerning all persons 
 26.14  who are no longer current permit holders or currently eligible 
 26.15  to renew their permit. 
 26.16     (b) Paragraph (a) does not apply to records or data 
 26.17  concerning an applicant or permit holder who has had a permit 
 26.18  denied or revoked under the criteria established in subdivision 
 26.19  2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 
 26.20  clause (3), for a period of six years from the date of the 
 26.21  denial or revocation. 
 26.22     Sec. 20.  Minnesota Statutes 2002, section 624.714, is 
 26.23  amended by adding a subdivision to read: 
 26.24     Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 26.25  DATABASE.] (a) The commissioner of public safety must maintain 
 26.26  an automated database of persons authorized to carry pistols 
 26.27  under this section that is available 24 hours a day, seven days 
 26.28  a week, only to law enforcement agencies, including prosecutors 
 26.29  carrying out their duties under subdivision 8a, to verify the 
 26.30  validity of a permit. 
 26.31     (b) The commissioner of public safety may maintain a 
 26.32  separate automated database of denied applications for permits 
 26.33  to carry and of revoked permits that is available only to 
 26.34  sheriffs performing their duties under this section containing 
 26.35  the date of, the statutory basis for, and the initiating agency 
 26.36  for any permit application denied or permit revoked for a period 
 27.1   of six years from the date of the denial or revocation. 
 27.2      (c) The commissioner of public safety may contract with one 
 27.3   or more vendors to implement the commissioner's duties under 
 27.4   this section. 
 27.5      Sec. 21.  Minnesota Statutes 2002, section 624.714, is 
 27.6   amended by adding a subdivision to read: 
 27.7      Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 27.8   The commissioner of public safety must annually establish and 
 27.9   publish a list of other states that have laws governing the 
 27.10  issuance of permits to carry weapons that are not substantially 
 27.11  similar to this section.  The list must be available on the 
 27.12  Internet.  A person holding a carry permit from a state not on 
 27.13  the list may use the license or permit in this state subject to 
 27.14  the rights, privileges, and requirements of this section. 
 27.15     (b) Notwithstanding paragraph (a), no license or permit 
 27.16  from another state is valid in this state if the holder is or 
 27.17  becomes prohibited by law from possessing a firearm. 
 27.18     (c) Any sheriff or police chief may file a petition under 
 27.19  subdivision 12 seeking an order suspending or revoking an 
 27.20  out-of-state permit holder's authority to carry a pistol in this 
 27.21  state on the grounds set forth in subdivision 6, paragraph (a), 
 27.22  clause (3).  An order shall only be issued if the petitioner 
 27.23  meets the burden of proof and criteria set forth in subdivision 
 27.24  12.  If the court denies the petition, the court must award the 
 27.25  permit holder reasonable costs and expenses including attorney 
 27.26  fees.  The petition may be filed in any county in the state 
 27.27  where a person holding a license or permit from another state 
 27.28  can be found. 
 27.29     (d) The commissioner of public safety must, when necessary, 
 27.30  execute reciprocity agreements regarding carry permits with 
 27.31  jurisdictions whose carry permits are recognized under paragraph 
 27.32  (a). 
 27.33     Sec. 22.  Minnesota Statutes 2002, section 624.714, is 
 27.34  amended by adding a subdivision to read: 
 27.35     Subd. 17.  [POSTING; TRESPASS.] (a) A person carrying a 
 27.36  firearm on or about his or her person or clothes under a permit 
 28.1   or otherwise who remains at a private establishment knowing that 
 28.2   the operator of the establishment or its agent has made a 
 28.3   reasonable request that firearms not be brought into the 
 28.4   establishment may be ordered to leave the premises.  A person 
 28.5   who fails to leave when so requested is guilty of a petty 
 28.6   misdemeanor.  The fine for a first offense must not exceed $25.  
 28.7   Notwithstanding section 609.531, a firearm carried in violation 
 28.8   of this subdivision is not subject to forfeiture. 
 28.9      (b) As used in this subdivision, the terms in this 
 28.10  paragraph have the meanings given. 
 28.11     (1) "Reasonable request" means a request made under the 
 28.12  following circumstances: 
 28.13     (i) the requester has prominently posted a conspicuous sign 
 28.14  at every entrance to the establishment containing the following 
 28.15  language:  "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 
 28.16  PREMISES."; and 
 28.17     (ii) the requester or its agent personally informs the 
 28.18  person of the posted request and demands compliance. 
 28.19     (2) "Prominently" means readily visible and within four 
 28.20  feet laterally of the entrance with the bottom of the sign at a 
 28.21  height of four to six feet above the floor. 
 28.22     (3) "Conspicuous" means lettering in black arial typeface 
 28.23  at least 1-1/2 inches in height against a bright contrasting 
 28.24  background that is at least 187 square inches in area. 
 28.25     (4) "Private establishment" means a building, structure, or 
 28.26  portion thereof that is owned, leased, controlled, or operated 
 28.27  by a nongovernmental entity for a nongovernmental purpose.  
 28.28     (c) The owner or operator of a private establishment may 
 28.29  not prohibit the lawful carry or possession of firearms in a 
 28.30  parking facility or parking area. 
 28.31     (d) This subdivision does not apply to private residences.  
 28.32  The lawful possessor of a private residence may prohibit 
 28.33  firearms, and provide notice thereof, in any lawful manner. 
 28.34     (e) A landlord may not restrict the lawful carry or 
 28.35  possession of firearms by tenants or their guests. 
 28.36     (f) Notwithstanding any inconsistent provisions in section 
 29.1   609.605, this subdivision sets forth the exclusive criteria to 
 29.2   notify a permit holder when otherwise lawful firearm possession 
 29.3   is not allowed in a private establishment and sets forth the 
 29.4   exclusive penalty for such activity. 
 29.5      (g) This subdivision does not apply to an on-duty peace 
 29.6   officer or security guard acting in the course and scope of 
 29.7   employment. 
 29.8      Sec. 23.  Minnesota Statutes 2002, section 624.714, is 
 29.9   amended by adding a subdivision to read: 
 29.10     Subd. 18.  [EMPLOYERS; PUBLIC COLLEGES AND 
 29.11  UNIVERSITIES.] (a) An employer, whether public or private, may 
 29.12  establish policies that restrict the carry or possession of 
 29.13  firearms by its employees while acting in the course and scope 
 29.14  of employment.  Employment related civil sanctions may be 
 29.15  invoked for a violation. 
 29.16     (b) A public postsecondary institution regulated under 
 29.17  chapter 136F or 137 may establish policies that restrict the 
 29.18  carry or possession of firearms by its students while on the 
 29.19  institution's property.  Academic sanctions may be invoked for a 
 29.20  violation. 
 29.21     (c) Notwithstanding paragraphs (a) and (b), an employer or 
 29.22  a postsecondary institution may not prohibit the lawful carry or 
 29.23  possession of firearms in a parking facility or parking area. 
 29.24     Sec. 24.  Minnesota Statutes 2002, section 624.714, is 
 29.25  amended by adding a subdivision to read: 
 29.26     Subd. 19.  [IMMUNITY.] Neither a sheriff, police chief, any 
 29.27  employee of a sheriff or police chief involved in the permit 
 29.28  issuing process, nor any certified instructor is liable for 
 29.29  damages resulting or arising from acts with a firearm committed 
 29.30  by a permit holder, unless the person had actual knowledge at 
 29.31  the time the permit was issued or the instruction was given that 
 29.32  the applicant was prohibited by law from possessing a firearm. 
 29.33     Sec. 25.  Minnesota Statutes 2002, section 624.714, is 
 29.34  amended by adding a subdivision to read: 
 29.35     Subd. 20.  [MONITORING.] (a) By March 1, 2004, and each 
 29.36  year thereafter, the commissioner of public safety must report 
 30.1   to the legislature on: 
 30.2      (1) the number of permits applied for, issued, suspended, 
 30.3   revoked, and denied, further categorized by the age, sex, and 
 30.4   zip code of the applicant or permit holder, since the previous 
 30.5   submission, and in total; 
 30.6      (2) the number of permits currently valid; 
 30.7      (3) the specific reasons for each suspension, revocation, 
 30.8   and denial and the number of reversed, canceled, or corrected 
 30.9   actions; 
 30.10     (4) without expressly identifying an applicant, the number 
 30.11  of denials or revocations based on the grounds under subdivision 
 30.12  6, paragraph (a), clause (3), the factual basis for each denial 
 30.13  or revocation, and the result of an appeal, if any, including 
 30.14  the court's findings of fact, conclusions of law, and order; 
 30.15     (5) the number of convictions and types of crimes committed 
 30.16  since the previous submission, and in total, by individuals with 
 30.17  permits including data as to whether a firearm lawfully carried 
 30.18  solely by virtue of a permit was actually used in furtherance of 
 30.19  the crime; 
 30.20     (6) to the extent known or determinable, data on the lawful 
 30.21  and justifiable use of firearms by permit holders; and 
 30.22     (7) the status of the segregated funds reported to the 
 30.23  commissioner under subdivision 21. 
 30.24     (b) Sheriffs and police chiefs must supply the department 
 30.25  of public safety with the basic data the department requires to 
 30.26  complete the report under paragraph (a).  Sheriffs and police 
 30.27  chiefs may submit data classified as private to the department 
 30.28  of public safety under this paragraph. 
 30.29     (c) Copies of the report under paragraph (a) must be made 
 30.30  available to the public at the actual cost of duplication. 
 30.31     (d) Nothing contained in any provision of this section or 
 30.32  any other law requires or authorizes the registration, 
 30.33  documentation, collection, or providing of serial numbers or 
 30.34  other data on firearms or on firearms' owners. 
 30.35     Sec. 26.  Minnesota Statutes 2002, section 624.714, is 
 30.36  amended by adding a subdivision to read: 
 31.1      Subd. 21.  [USE OF FEES.] Fees collected by sheriffs under 
 31.2   this section and not forwarded to the commissioner of public 
 31.3   safety must be used only to pay the direct costs of 
 31.4   administering this section.  Fee money may be used to pay the 
 31.5   costs of appeals of prevailing applicants or permit holders 
 31.6   under subdivision 8, paragraph (c); subdivision 12, paragraph 
 31.7   (e); and subdivision 16, paragraph (c).  Fee money may also be 
 31.8   used to pay the reasonable costs of the county attorney to 
 31.9   represent the sheriff in proceedings under this section.  The 
 31.10  revenues must be maintained in a segregated fund.  Fund balances 
 31.11  must be carried over from year to year and do not revert to any 
 31.12  other fund.  As part of the information supplied under 
 31.13  subdivision 20, paragraph (b), by January 31 of each year, a 
 31.14  sheriff must report to the commissioner on the sheriff's 
 31.15  segregated fund for the preceding calendar year, including 
 31.16  information regarding: 
 31.17     (1) nature and amount of revenues; 
 31.18     (2) nature and amount of expenditures; and 
 31.19     (3) nature and amount of balances. 
 31.20     Sec. 27.  Minnesota Statutes 2002, section 624.714, is 
 31.21  amended by adding a subdivision to read: 
 31.22     Subd. 22.  [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 
 31.23  section may be cited as the Minnesota Citizens' Personal 
 31.24  Protection Act of 2003.  The legislature of the state of 
 31.25  Minnesota recognizes and declares that the second amendment of 
 31.26  the United States Constitution guarantees the fundamental, 
 31.27  individual right to keep and bear arms.  The provisions of this 
 31.28  section are declared to be necessary to accomplish compelling 
 31.29  state interests in regulation of those rights.  The terms of 
 31.30  this section must be construed according to the compelling state 
 31.31  interest test.  The invalidation of any provision of this 
 31.32  section shall not invalidate any other provision. 
 31.33     Sec. 28.  Minnesota Statutes 2002, section 624.714, is 
 31.34  amended by adding a subdivision to read: 
 31.35     Subd. 23.  [EXCLUSIVITY.] This section sets forth the 
 31.36  complete and exclusive criteria and procedures for the issuance 
 32.1   of permits to carry and establishes their nature and scope.  No 
 32.2   sheriff, police chief, governmental unit, government official, 
 32.3   government employee, or other person or body acting under color 
 32.4   of law or governmental authority may change, modify, or 
 32.5   supplement these criteria or procedures, or limit the exercise 
 32.6   of a permit to carry. 
 32.7      Sec. 29.  [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 
 32.8   ALCOHOL OR A CONTROLLED SUBSTANCE.] 
 32.9      Subdivision 1.  [ACTS PROHIBITED.] A person may not carry a 
 32.10  pistol on or about the person's clothes or person in a public 
 32.11  place: 
 32.12     (1) when the person is under the influence of a controlled 
 32.13  substance, as defined in section 152.01, subdivision 4; 
 32.14     (2) when the person is under the influence of a combination 
 32.15  of any two or more of the elements named in clauses (1) and (4); 
 32.16     (3) when the person is knowingly under the influence of any 
 32.17  chemical compound or combination of chemical compounds that is 
 32.18  listed as a hazardous substance in rules adopted under section 
 32.19  182.655 and that affects the nervous system, brain, or muscles 
 32.20  of the person so as to impair the person's clearness of 
 32.21  intellect or physical control; 
 32.22     (4) when the person is under the influence of alcohol; 
 32.23     (5) when the person's alcohol concentration is 0.10 or 
 32.24  more; or 
 32.25     (6) when the person's alcohol concentration is less than 
 32.26  0.10, but more than 0.04. 
 32.27     Subd. 2.  [ARREST.] A peace officer may arrest a person for 
 32.28  a violation under subdivision 1 without a warrant upon probable 
 32.29  cause, without regard to whether the violation was committed in 
 32.30  the officer's presence. 
 32.31     Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
 32.32  authorized under subdivision 2 to make arrests has reason to 
 32.33  believe that the person may be violating or has violated 
 32.34  subdivision 1, the officer may require the person to provide a 
 32.35  breath sample for a preliminary screening test using a device 
 32.36  approved by the commissioner of public safety for this purpose.  
 33.1   The results of the preliminary screening test must be used for 
 33.2   the purpose of deciding whether an arrest should be made under 
 33.3   this section and whether to require the chemical tests 
 33.4   authorized in section 624.7143, but may not be used in any court 
 33.5   action except:  (1) to prove that the test was properly required 
 33.6   of a person under section 624.7143, or (2) in a civil action 
 33.7   arising out of the use of the pistol.  Following the preliminary 
 33.8   screening test, additional tests may be required of the person 
 33.9   as provided under section 624.7143.  A person who refuses a 
 33.10  breath sample is subject to the provisions of section 624.7143 
 33.11  unless, in compliance with that section, the person submits to a 
 33.12  blood, breath, or urine test to determine the presence of 
 33.13  alcohol or a controlled substance. 
 33.14     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
 33.15  subdivision 1, the admission of evidence of the amount of 
 33.16  alcohol or a controlled substance in the person's blood, breath, 
 33.17  or urine is governed by section 169A.45. 
 33.18     Subd. 5.  [SUSPENSION.] A person who is charged with a 
 33.19  violation under this section may have their authority to carry a 
 33.20  pistol in a public place on or about the person's clothes or 
 33.21  person under the provisions of a permit or otherwise suspended 
 33.22  by the court as a condition of release. 
 33.23     Subd. 6.  [PENALTIES.] (a) A person who violates a 
 33.24  prohibition under subdivision 1, clauses (1) to (5), is guilty 
 33.25  of a misdemeanor.  A second or subsequent violation is a gross 
 33.26  misdemeanor. 
 33.27     (b) A person who violates subdivision 1, clause (6), is 
 33.28  guilty of a misdemeanor. 
 33.29     (c) In addition to the penalty imposed under paragraph (a), 
 33.30  if a person violates subdivision 1, clauses (1) to (5), the 
 33.31  person's authority to carry a pistol in a public place on or 
 33.32  about the person's clothes or person under the provisions of a 
 33.33  permit or otherwise is revoked and the person may not reapply 
 33.34  for a period of one year from the date of conviction. 
 33.35     (d) In addition to the penalty imposed under paragraph (b), 
 33.36  if a person violates subdivision 1, clause (6), the person's 
 34.1   authority to carry a pistol in a public place on or about the 
 34.2   person's clothes or person under the provisions of a permit or 
 34.3   otherwise is suspended for 180 days from the date of conviction. 
 34.4      (e) Notwithstanding section 609.531, a firearm carried in 
 34.5   violation of subdivision 1, clause (6), is not subject to 
 34.6   forfeiture. 
 34.7      Subd. 7.  [REPORTING.] Suspensions and revocations under 
 34.8   this section must be reported in the same manner as in section 
 34.9   624.714, subdivision 12a. 
 34.10     Sec. 30.  [624.7143] [CHEMICAL TESTING.] 
 34.11     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 34.12  carries a pistol in a public place on or about the person's 
 34.13  clothes or person is required, subject to the provisions of this 
 34.14  section, to take or submit to a test of the person's blood, 
 34.15  breath, or urine for the purpose of determining the presence and 
 34.16  amount of alcohol or a controlled substance.  The test shall be 
 34.17  administered at the direction of an officer authorized to make 
 34.18  arrests under section 624.7142.  Taking or submitting to the 
 34.19  test is mandatory when requested by an officer who has probable 
 34.20  cause to believe the person was carrying a pistol in violation 
 34.21  of section 624.7142, and one of the following conditions exists: 
 34.22     (1) the person has been lawfully placed under arrest for 
 34.23  violating section 624.7142; 
 34.24     (2) the person has been involved while carrying a firearm 
 34.25  in a firearms-related accident resulting in property damage, 
 34.26  personal injury, or death; 
 34.27     (3) the person has refused to take the preliminary 
 34.28  screening test provided for in section 624.7142; or 
 34.29     (4) the screening test was administered and indicated an 
 34.30  alcohol concentration of 0.04 or more. 
 34.31     Subd. 2.  [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 
 34.32  refuses to take a test required under subdivision 1, none must 
 34.33  be given but the officer shall report the refusal to the sheriff 
 34.34  and to the authority having responsibility for prosecution of 
 34.35  misdemeanor offenses for the jurisdiction in which the incident 
 34.36  occurred that gave rise to the test demand and refusal.  On 
 35.1   certification by the officer that probable cause existed to 
 35.2   believe the person had been carrying a pistol on or about the 
 35.3   person's clothes or person in a public place while under the 
 35.4   influence of alcohol or a controlled substance, and that the 
 35.5   person refused to submit to testing, a court may impose a civil 
 35.6   penalty of $500 and may revoke the person's authority to carry a 
 35.7   pistol in a public place on or about the person's clothes or 
 35.8   person under the provisions of a permit or otherwise for a 
 35.9   period of one year from the date of the refusal.  The person 
 35.10  shall be accorded notice and an opportunity to be heard prior to 
 35.11  imposition of the civil penalty or the revocation. 
 35.12     (b) Revocations under this subdivision must be reported in 
 35.13  the same manner as in section 624.714, subdivision 12a. 
 35.14     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 35.15  requested, the person must be informed that: 
 35.16     (1) Minnesota law requires a person to take a test to 
 35.17  determine if the person is under the influence of alcohol or a 
 35.18  controlled substance; 
 35.19     (2) if the person refuses to take the test, the person is 
 35.20  subject to a civil penalty of $500 and is prohibited for a 
 35.21  period of one year from carrying a pistol in a public place on 
 35.22  or about the person's clothes or person, as provided under 
 35.23  subdivision 2; and 
 35.24     (3) that the person has the right to consult with an 
 35.25  attorney, but that this right is limited to the extent it cannot 
 35.26  unreasonably delay administration of the test or the person will 
 35.27  be deemed to have refused the test. 
 35.28     Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 35.29  Notwithstanding subdivision 1, if there is probable cause to 
 35.30  believe there is impairment by a controlled substance that is 
 35.31  not subject to testing by a breath test, a blood or urine test 
 35.32  may be required even after a breath test has been administered. 
 35.33     Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
 35.34  under this section are governed by section 169A.51 in all 
 35.35  aspects that are not inconsistent with this section.  
 35.36     Sec. 31.  [APPROPRIATION.] 
 36.1      $1,071,000 is appropriated in fiscal year 2004 and $119,000 
 36.2   is appropriated in fiscal year 2005 from the general fund to the 
 36.3   commissioner of public safety to implement the provisions of 
 36.4   sections 1 to 30.  The unencumbered balance in the first year 
 36.5   does not cancel but is available for the second year. 
 36.6      Sec. 32.  [TEMPORARY FEE PROVISION.] 
 36.7      Notwithstanding Minnesota Statutes, section 624.714, 
 36.8   subdivision 3, paragraph (e), until July 1, 2004, the sheriff 
 36.9   must submit $21.50 to the commissioner of public safety for 
 36.10  deposit into the general fund for each permit application 
 36.11  submitted under Minnesota Statutes, section 624.714. 
 36.12     Sec. 33.  [GRANDFATHER CLAUSE.] 
 36.13     Permits to carry pistols issued prior to the effective date 
 36.14  of sections 1 to 30 remain in effect and are valid under the 
 36.15  terms of issuance until the date of expiration applicable at the 
 36.16  time of issuance.  However, a person holding a permit that was 
 36.17  issued prior to the effective date of sections 1 to 30 may 
 36.18  nevertheless apply for a permit under the terms and conditions 
 36.19  of sections 1 to 30. 
 36.20     Sec. 34.  [REVISOR'S INSTRUCTION.] 
 36.21     In Minnesota Statutes, sections 624.713 to 624.717, the 
 36.22  revisor of statutes shall change the term "commissioner of 
 36.23  public safety" to "commissioner" wherever the term appears. 
 36.24     Sec. 35.  [REPEALER.] 
 36.25     Minnesota Statutes 2002, section 624.714, subdivisions 1 
 36.26  and 5, are repealed. 
 36.27     Sec. 36.  [EFFECTIVE DATE.] 
 36.28     Sections 1 to 35 are effective 30 days after final 
 36.29  enactment and apply to crimes committed on or after that date, 
 36.30  except that the commissioner of public safety must promulgate 
 36.31  the list required under section 21 within 60 days of final 
 36.32  enactment.  The database required by section 20 must be 
 36.33  operational within 180 days of the effective date. 
 36.34                             ARTICLE 3 
 36.35       LIFETIME BAN ON FIREARM POSSESSION FOR VIOLENT FELONS 
 36.36     Section 1.  Minnesota Statutes 2002, section 242.31, 
 37.1   subdivision 2a, is amended to read: 
 37.2      Subd. 2a.  [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 
 37.3   FIREARMS.] The order of discharge must provide that a person who 
 37.4   has been convicted of a crime of violence, as defined in section 
 37.5   624.712, subdivision 5, is not entitled to ship, transport, 
 37.6   possess, or receive a firearm until ten years have elapsed since 
 37.7   the person was restored to civil rights and during that time the 
 37.8   person was not convicted of any other crime of violence for the 
 37.9   remainder of the person's lifetime.  Any person who has received 
 37.10  such a discharge and who thereafter has received a relief of 
 37.11  disability under United States Code, title 18, section 925, or 
 37.12  whose ability to possess firearms has been restored under 
 37.13  section 609.165, subdivision 1d, shall not be subject to the 
 37.14  restrictions of this subdivision.  
 37.15     Sec. 2.  Minnesota Statutes 2002, section 260B.245, 
 37.16  subdivision 1, is amended to read: 
 37.17     Subdivision 1.  [EFFECT.] (a) No adjudication upon the 
 37.18  status of any child in the jurisdiction of the juvenile court 
 37.19  shall operate to impose any of the civil disabilities imposed by 
 37.20  conviction, nor shall any child be deemed a criminal by reason 
 37.21  of this adjudication, nor shall this adjudication be deemed a 
 37.22  conviction of crime, except as otherwise provided in this 
 37.23  section or section 260B.255.  An extended jurisdiction juvenile 
 37.24  conviction shall be treated in the same manner as an adult 
 37.25  felony criminal conviction for purposes of the sentencing 
 37.26  guidelines.  The disposition of the child or any evidence given 
 37.27  by the child in the juvenile court shall not be admissible as 
 37.28  evidence against the child in any case or proceeding in any 
 37.29  other court, except that an adjudication may later be used to 
 37.30  determine a proper sentence, nor shall the disposition or 
 37.31  evidence disqualify the child in any future civil service 
 37.32  examination, appointment, or application. 
 37.33     (b) A person who was adjudicated delinquent for, or 
 37.34  convicted as an extended jurisdiction juvenile of, a crime of 
 37.35  violence as defined in section 624.712, subdivision 5, is not 
 37.36  entitled to ship, transport, possess, or receive a firearm until 
 38.1   ten years have elapsed since the person was discharged and 
 38.2   during that time the person was not convicted of any other crime 
 38.3   of violence for the remainder of the person's lifetime.  A 
 38.4   person who has received a relief of disability under United 
 38.5   States Code, title 18, section 925, or whose ability to possess 
 38.6   firearms has been restored under section 609.165, subdivision 
 38.7   1d, is not subject to the restrictions of this subdivision.  
 38.8      Sec. 3.  Minnesota Statutes 2002, section 609.165, 
 38.9   subdivision 1a, is amended to read: 
 38.10     Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
 38.11  FIREARMS.] The order of discharge must provide that a person who 
 38.12  has been convicted of a crime of violence, as defined in section 
 38.13  624.712, subdivision 5, is not entitled to ship, transport, 
 38.14  possess, or receive a firearm until ten years have elapsed since 
 38.15  the person was restored to civil rights and during that time the 
 38.16  person was not convicted of any other crime of violence for the 
 38.17  remainder of the person's lifetime.  Any person who has received 
 38.18  such a discharge and who thereafter has received a relief of 
 38.19  disability under United States Code, title 18, section 925, or 
 38.20  whose ability to possess firearms has been restored under 
 38.21  subdivision 1d, shall not be subject to the restrictions of this 
 38.22  subdivision.  
 38.23     Sec. 4.  Minnesota Statutes 2002, section 609.165, 
 38.24  subdivision 1b, is amended to read: 
 38.25     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
 38.26  been convicted of a crime of violence, as defined in section 
 38.27  624.712, subdivision 5, and who ships, transports, possesses, or 
 38.28  receives a firearm before ten years have elapsed since the 
 38.29  person was restored to civil rights, commits a felony and may be 
 38.30  sentenced to imprisonment for not more than 15 years or to 
 38.31  payment of a fine of not more than $30,000, or both.  
 38.32     (b) Nothing in this A conviction and sentencing under this 
 38.33  section shall be construed to bar a conviction and sentencing 
 38.34  for a violation of section 624.713, subdivision 2. 
 38.35     (c) The criminal penalty in paragraph (a) does not apply to 
 38.36  any person who has received a relief of disability under United 
 39.1   States Code, title 18, section 925, or whose ability to possess 
 39.2   firearms has been restored under subdivision 1d. 
 39.3      Sec. 5.  Minnesota Statutes 2002, section 609.165, is 
 39.4   amended by adding a subdivision to read: 
 39.5      Subd. 1d.  [JUDICIAL RESTORATION OF ABILITY TO POSSESS A 
 39.6   FIREARM BY A FELON.] A person prohibited by state law from 
 39.7   shipping, transporting, possessing, or receiving a firearm 
 39.8   because of a conviction or a delinquency adjudication for 
 39.9   committing a crime of violence may petition a court to restore 
 39.10  the person's ability to possess, receive, ship, or transport 
 39.11  firearms and otherwise deal with firearms. 
 39.12     The court may grant the relief sought if the person shows 
 39.13  good cause to do so and the person has been released from 
 39.14  physical confinement. 
 39.15     If a petition is denied, the person may not file another 
 39.16  petition until three years have elapsed without the permission 
 39.17  of the court. 
 39.18     Sec. 6.  Minnesota Statutes 2002, section 609A.03, 
 39.19  subdivision 5a, is amended to read: 
 39.20     Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
 39.21  expunging the record of a conviction for a crime of violence as 
 39.22  defined in section 624.712, subdivision 5, must provide that the 
 39.23  person is not entitled to ship, transport, possess, or receive a 
 39.24  firearm until ten years have elapsed since the order was entered 
 39.25  and during that time the person was not convicted of any other 
 39.26  crime of violence for the remainder of the person's lifetime.  
 39.27  Any person whose record of conviction is expunged under this 
 39.28  section and who thereafter receives a relief of disability under 
 39.29  United States Code, title 18, section 925, or whose ability to 
 39.30  possess firearms has been restored under section 609.165, 
 39.31  subdivision 1d, is not subject to the restriction in this 
 39.32  subdivision. 
 39.33     Sec. 7.  Minnesota Statutes 2002, section 624.712, 
 39.34  subdivision 5, is amended to read: 
 39.35     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 39.36  murder in the first, second, and third degrees, manslaughter in 
 40.1   the first and second degrees, aiding suicide, aiding attempted 
 40.2   suicide, felony violations of assault in the first, second, 
 40.3   third, and fourth degrees, assaults motivated by bias under 
 40.4   section 609.2231, subdivision 4, drive-by shootings, terroristic 
 40.5   threats, use of drugs to injure or to facilitate crime, crimes 
 40.6   committed for the benefit of a gang, commission of a crime while 
 40.7   wearing or possessing a bullet-resistant vest, simple robbery, 
 40.8   aggravated robbery, kidnapping, false imprisonment, criminal 
 40.9   sexual conduct in the first, second, third, and fourth degrees, 
 40.10  theft of a firearm, felony theft involving the intentional 
 40.11  taking or driving of a motor vehicle without the consent of the 
 40.12  owner or the authorized agent of the owner, felony theft 
 40.13  involving the taking of property from a burning, abandoned, or 
 40.14  vacant building, or from an area of destruction caused by civil 
 40.15  disaster, riot, bombing, or the proximity of battle, felony 
 40.16  theft involving the theft of a controlled substance, an 
 40.17  explosive, or an incendiary device, arson in the first and 
 40.18  second degrees, riot, burglary in the first, second, third, and 
 40.19  fourth degrees, harassment and stalking, shooting at a public 
 40.20  transit vehicle or facility, reckless use of a gun or dangerous 
 40.21  weapon, intentionally pointing a gun at or towards a human 
 40.22  being, setting a spring gun, and unlawfully owning, possessing, 
 40.23  operating a machine gun or short-barreled shotgun, and an 
 40.24  attempt to commit any of these offenses, as each of those 
 40.25  offenses is defined in chapter 609.  "Crime of violence" also 
 40.26  includes felony violations of the following:  malicious 
 40.27  punishment of a child; neglect or endangerment of a child; and 
 40.28  chapter 152. means:  felony convictions of the following 
 40.29  offenses:  sections 609.185 (murder in the first degree); 609.19 
 40.30  (murder in the second degree); 609.195 (murder in the third 
 40.31  degree); 609.20 (manslaughter in the first degree); 609.205 
 40.32  (manslaughter in the second degree); 609.215 (aiding suicide and 
 40.33  aiding attempted suicide); 609.221 (assault in the first 
 40.34  degree); 609.222 (assault in the second degree); 609.223 
 40.35  (assault in the third degree); 609.2231 (assault in the fourth 
 40.36  degree); 609.229 (crimes committed for the benefit of a gang); 
 41.1   609.235 (use of drugs to injure or facilitate crime); 609.24 
 41.2   (simple robbery); 609.245 (aggravated robbery); 609.25 
 41.3   (kidnapping); 609.255 (false imprisonment); 609.342 (criminal 
 41.4   sexual conduct in the first degree); 609.343 (criminal sexual 
 41.5   conduct in the second degree); 609.344 (criminal sexual conduct 
 41.6   in the third degree); 609.345 (criminal sexual conduct in the 
 41.7   fourth degree); 609.377 (malicious punishment of a child); 
 41.8   609.378 (neglect or endangerment of a child); 609.486 
 41.9   (commission of crime while wearing or possessing a 
 41.10  bullet-resistant vest); 609.52 (involving theft of a firearm, 
 41.11  theft involving the intentional taking or driving of a motor 
 41.12  vehicle without the consent of the owner or authorized agent of 
 41.13  the owner, theft involving the taking of property from a 
 41.14  burning, abandoned, or vacant building, or from an area of 
 41.15  destruction caused by civil disaster, riot, bombing, or the 
 41.16  proximity of battle, and theft involving the theft of a 
 41.17  controlled substance, an explosive, or an incendiary device); 
 41.18  609.561 (arson in the first degree); 609.562 (arson in the 
 41.19  second degree); 609.582, subdivision 1, 2, or 3 (burglary in the 
 41.20  first through third degrees); 609.66, subdivision 1e (drive-by 
 41.21  shooting); 609.67 (unlawfully owning, possessing, operating a 
 41.22  machine gun or short-barreled shotgun); 609.71 (riot); 609.713 
 41.23  (terroristic threats); 609.749 (harassment and stalking); 
 41.24  609.855, subdivision 5 (shooting at a public transit vehicle or 
 41.25  facility); and chapter 152 (drugs, controlled substances); and 
 41.26  an attempt to commit any of these offenses. 
 41.27     Sec. 8.  Minnesota Statutes 2002, section 624.713, 
 41.28  subdivision 1, is amended to read: 
 41.29     Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
 41.30  shall not be entitled to possess a pistol or semiautomatic 
 41.31  military-style assault weapon or, except for clause (a), any 
 41.32  other firearm: 
 41.33     (a) a person under the age of 18 years except that a person 
 41.34  under 18 may carry or possess a pistol or semiautomatic 
 41.35  military-style assault weapon (i) in the actual presence or 
 41.36  under the direct supervision of the person's parent or guardian, 
 42.1   (ii) for the purpose of military drill under the auspices of a 
 42.2   legally recognized military organization and under competent 
 42.3   supervision, (iii) for the purpose of instruction, competition, 
 42.4   or target practice on a firing range approved by the chief of 
 42.5   police or county sheriff in whose jurisdiction the range is 
 42.6   located and under direct supervision; or (iv) if the person has 
 42.7   successfully completed a course designed to teach marksmanship 
 42.8   and safety with a pistol or semiautomatic military-style assault 
 42.9   weapon and approved by the commissioner of natural resources; 
 42.10     (b) except as otherwise provided in clause (i), a person 
 42.11  who has been convicted of, or adjudicated delinquent or 
 42.12  convicted as an extended jurisdiction juvenile for committing, 
 42.13  in this state or elsewhere, a crime of violence unless ten years 
 42.14  have elapsed since the person has been restored to civil rights 
 42.15  or the sentence or disposition has expired, whichever occurs 
 42.16  first, and during that time the person has not been convicted of 
 42.17  or adjudicated for any other crime of violence.  For purposes of 
 42.18  this section, crime of violence includes crimes in other states 
 42.19  or jurisdictions which would have been crimes of violence as 
 42.20  herein defined if they had been committed in this state; 
 42.21     (c) a person who is or has ever been confined in Minnesota 
 42.22  or elsewhere as a person who is mentally ill, mentally retarded, 
 42.23  or mentally ill and dangerous to the public, as defined in 
 42.24  section 253B.02, to a treatment facility, or who has ever been 
 42.25  found incompetent to stand trial or not guilty by reason of 
 42.26  mental illness, unless the person possesses a certificate of a 
 42.27  medical doctor or psychiatrist licensed in Minnesota, or other 
 42.28  satisfactory proof that the person is no longer suffering from 
 42.29  this disability; 
 42.30     (d) a person who has been convicted in Minnesota or 
 42.31  elsewhere of a misdemeanor or gross misdemeanor violation of 
 42.32  chapter 152, or a person who is or has ever been hospitalized or 
 42.33  committed for treatment for the habitual use of a controlled 
 42.34  substance or marijuana, as defined in sections 152.01 and 
 42.35  152.02, unless the person possesses a certificate of a medical 
 42.36  doctor or psychiatrist licensed in Minnesota, or other 
 43.1   satisfactory proof, that the person has not abused a controlled 
 43.2   substance or marijuana during the previous two years; 
 43.3      (e) a person who has been confined or committed to a 
 43.4   treatment facility in Minnesota or elsewhere as chemically 
 43.5   dependent as defined in section 253B.02, unless the person has 
 43.6   completed treatment.  Property rights may not be abated but 
 43.7   access may be restricted by the courts; 
 43.8      (f) a peace officer who is informally admitted to a 
 43.9   treatment facility pursuant to section 253B.04 for chemical 
 43.10  dependency, unless the officer possesses a certificate from the 
 43.11  head of the treatment facility discharging or provisionally 
 43.12  discharging the officer from the treatment facility.  Property 
 43.13  rights may not be abated but access may be restricted by the 
 43.14  courts; 
 43.15     (g) a person, including a person under the jurisdiction of 
 43.16  the juvenile court, who has been charged with committing a crime 
 43.17  of violence and has been placed in a pretrial diversion program 
 43.18  by the court before disposition, until the person has completed 
 43.19  the diversion program and the charge of committing the crime of 
 43.20  violence has been dismissed; 
 43.21     (h) except as otherwise provided in clause (i), a person 
 43.22  who has been convicted in another state of committing an offense 
 43.23  similar to the offense described in section 609.224, subdivision 
 43.24  3, against a family or household member or section 609.2242, 
 43.25  subdivision 3, unless three years have elapsed since the date of 
 43.26  conviction and, during that time, the person has not been 
 43.27  convicted of any other violation of section 609.224, subdivision 
 43.28  3, or 609.2242, subdivision 3, or a similar law of another 
 43.29  state; 
 43.30     (i) a person who has been convicted in this state or 
 43.31  elsewhere of assaulting a family or household member and who was 
 43.32  found by the court to have used a firearm in any way during 
 43.33  commission of the assault is prohibited from possessing any type 
 43.34  of firearm for the period determined by the sentencing court; or 
 43.35     (j) a person who: 
 43.36     (1) has been convicted in any court of a crime punishable 
 44.1   by imprisonment for a term exceeding one year; 
 44.2      (2) is a fugitive from justice as a result of having fled 
 44.3   from any state to avoid prosecution for a crime or to avoid 
 44.4   giving testimony in any criminal proceeding; 
 44.5      (3) is an unlawful user of any controlled substance as 
 44.6   defined in chapter 152; 
 44.7      (4) has been judicially committed to a treatment facility 
 44.8   in Minnesota or elsewhere as a person who is mentally ill, 
 44.9   mentally retarded, or mentally ill and dangerous to the public, 
 44.10  as defined in section 253B.02; 
 44.11     (5) is an alien who is illegally or unlawfully in the 
 44.12  United States; 
 44.13     (6) has been discharged from the armed forces of the United 
 44.14  States under dishonorable conditions; or 
 44.15     (7) has renounced the person's citizenship having been a 
 44.16  citizen of the United States.; or 
 44.17     (k) a person who has been convicted of the following 
 44.18  offenses at the gross misdemeanor level, unless three years have 
 44.19  elapsed since the date of conviction and, during that time, the 
 44.20  person has not been convicted of any other violation of these 
 44.21  sections:  section 609.229 (crimes committed for the benefit of 
 44.22  a gang); 609.2231, subdivision 4 (assaults motivated by bias); 
 44.23  609.255 (false imprisonment); 609.378 (neglect or endangerment 
 44.24  of a child); 609.582, subdivision 4 (burglary in the fourth 
 44.25  degree); 609.665 (setting a spring gun); 609.71 (riot); or 
 44.26  609.749 (harassment and stalking).  For purposes of this 
 44.27  paragraph, the specified gross misdemeanor convictions include 
 44.28  crimes committed in other states or jurisdictions which would 
 44.29  have been gross misdemeanors if conviction occurred in this 
 44.30  state. 
 44.31     A person who issues a certificate pursuant to this 
 44.32  subdivision in good faith is not liable for damages resulting or 
 44.33  arising from the actions or misconduct with a firearm committed 
 44.34  by the individual who is the subject of the certificate. 
 44.35     The prohibition in this subdivision relating to the 
 44.36  possession of firearms other than pistols and semiautomatic 
 45.1   military-style assault weapons does not apply retroactively to 
 45.2   persons who are prohibited from possessing a pistol or 
 45.3   semiautomatic military-style assault weapon under this 
 45.4   subdivision before August 1, 1994. 
 45.5      The lifetime prohibition on possessing, receiving, 
 45.6   shipping, or transporting firearms for persons convicted or 
 45.7   adjudicated delinquent of a crime of violence in clause (b), 
 45.8   applies only to offenders who are discharged from sentence or 
 45.9   court supervision for a crime of violence on or after August 1, 
 45.10  1993. 
 45.11     Sec. 9.  Minnesota Statutes 2002, section 624.713, 
 45.12  subdivision 2, is amended to read: 
 45.13     Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
 45.14  clause (a), who possesses a pistol or semiautomatic 
 45.15  military-style assault weapon is guilty of a felony and may be 
 45.16  sentenced to imprisonment for not more than five years or to 
 45.17  payment of a fine of not more than $10,000, or both.  
 45.18     (b) A person named in subdivision 1, clause (b), who 
 45.19  possesses any type of firearm is guilty of a felony and may be 
 45.20  sentenced to imprisonment for not more than 15 years or to 
 45.21  payment of a fine of not more than $30,000, or both.  This 
 45.22  paragraph does not apply to any person who has received a relief 
 45.23  of disability under United States Code, title 18, section 925, 
 45.24  or whose ability to possess firearms has been restored under 
 45.25  section 609.165, subdivision 1d. 
 45.26     (c) A person named in any other clause of subdivision 1 who 
 45.27  possesses any type of firearm is guilty of a gross misdemeanor.  
 45.28     Sec. 10.  Minnesota Statutes 2002, section 624.713, 
 45.29  subdivision 3, is amended to read: 
 45.30     Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
 45.31  adjudicated delinquent or convicted as an extended jurisdiction 
 45.32  juvenile for committing, a crime of violence as defined in 
 45.33  section 624.712, subdivision 5, the court shall inform the 
 45.34  defendant that the defendant is prohibited from possessing a 
 45.35  pistol or semiautomatic military-style assault weapon for a 
 45.36  period of ten years after the person was restored to civil 
 46.1   rights or since the sentence or disposition has expired, 
 46.2   whichever occurs first the remainder of the person's lifetime, 
 46.3   and that it is a felony offense to violate this prohibition.  
 46.4   The failure of the court to provide this information to a 
 46.5   defendant does not affect the applicability of the pistol or 
 46.6   semiautomatic military-style assault weapon possession 
 46.7   prohibition or the felony penalty to that defendant. 
 46.8      (b) When a person, including a person under the 
 46.9   jurisdiction of the juvenile court, is charged with committing a 
 46.10  crime of violence and is placed in a pretrial diversion program 
 46.11  by the court before disposition, the court shall inform the 
 46.12  defendant that:  (1) the defendant is prohibited from possessing 
 46.13  a pistol or semiautomatic military-style assault weapon until 
 46.14  the person has completed the diversion program and the charge of 
 46.15  committing a crime of violence has been dismissed; (2) it is a 
 46.16  gross misdemeanor offense to violate this prohibition; and (3) 
 46.17  if the defendant violates this condition of participation in the 
 46.18  diversion program, the charge of committing a crime of violence 
 46.19  may be prosecuted.  The failure of the court to provide this 
 46.20  information to a defendant does not affect the applicability of 
 46.21  the pistol or semiautomatic military-style assault weapon 
 46.22  possession prohibition or the gross misdemeanor penalty to that 
 46.23  defendant. 
 46.24     Sec. 11.  Minnesota Statutes 2002, section 638.02, 
 46.25  subdivision 2, is amended to read: 
 46.26     Subd. 2.  Any person, convicted of a crime in any court of 
 46.27  this state, who has served the sentence imposed by the court and 
 46.28  has been discharged of the sentence either by order of court or 
 46.29  by operation of law, may petition the board of pardons for the 
 46.30  granting of a pardon extraordinary.  Unless the board of pardons 
 46.31  expressly provides otherwise in writing by unanimous vote, the 
 46.32  application for a pardon extraordinary may not be filed until 
 46.33  the applicable time period in clause (1) or (2) has elapsed: 
 46.34     (1) if the person was convicted of a crime of violence as 
 46.35  defined in section 624.712, subdivision 5, ten years must have 
 46.36  elapsed since the sentence was discharged and during that time 
 47.1   the person must not have been convicted of any other crime; and 
 47.2      (2) if the person was convicted of any crime not included 
 47.3   within the definition of crime of violence under section 
 47.4   624.712, subdivision 5, five years must have elapsed since the 
 47.5   sentence was discharged and during that time the person must not 
 47.6   have been convicted of any other crime.  
 47.7   If the board of pardons determines that the person is of good 
 47.8   character and reputation, the board may, in its discretion, 
 47.9   grant the person a pardon extraordinary.  The pardon 
 47.10  extraordinary, when granted, has the effect of setting aside and 
 47.11  nullifying the conviction and of purging the person of it, and 
 47.12  the person shall never after that be required to disclose the 
 47.13  conviction at any time or place other than in a judicial 
 47.14  proceeding or as part of the licensing process for peace 
 47.15  officers. 
 47.16     The application for a pardon extraordinary, the proceedings 
 47.17  to review an application, and the notice requirements are 
 47.18  governed by the statutes and the rules of the board in respect 
 47.19  to other proceedings before the board.  The application shall 
 47.20  contain any further information that the board may require.  
 47.21     Unless the board of pardons expressly provides otherwise in 
 47.22  writing by unanimous vote, if the person was convicted of a 
 47.23  crime of violence, as defined in section 624.712, subdivision 5, 
 47.24  the pardon extraordinary must expressly provide that the pardon 
 47.25  does not entitle the person to ship, transport, possess, or 
 47.26  receive a firearm until ten years have elapsed since the 
 47.27  sentence was discharged and during that time the person was not 
 47.28  convicted of any other crime of violence. 
 47.29     Sec. 12.  [EFFECTIVE DATE.] 
 47.30     Sections 1 to 11 are effective August 1, 2003.  The 
 47.31  provisions of sections 1 to 11 that impose a lifetime 
 47.32  prohibition on possessing, receiving, shipping, or transporting 
 47.33  firearms apply to persons who are discharged from sentence or 
 47.34  court supervision for a crime of violence on or after August 1, 
 47.35  1993.