1.1 	A bill for an act
1.2 	relating to public safety; reenacting the Minnesota
1.3 	Citizens' Personal Protection Act of 2003 with certain
1.4 	amendments; recognizing the inherent right of
1.5 	law-abiding citizens to self-protection through the
1.6 	lawful use of self-defense; providing a system under
1.7 	which responsible, competent adults can exercise their
1.8 	right to self-protection by authorizing them to obtain
1.9 	a permit to carry a pistol; providing criminal
1.10 	penalties; amending Minnesota Statutes 2004, sections
1.11 	609.66, subdivision 1d; 624.714, subdivisions 1b, 2,
1.12 	2a, 3, 8, 12, 17, as reenacted, by adding a
1.13 	subdivision.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. REENACTMENT OF PERSONAL PROTECTION ACT.
 1.16 	Laws 2003, chapter 28, articles 2 and 3, are reenacted
1.17 	effective retroactively and without interruption from April 28,
1.18 	2003.

1.19 	EFFECTIVE DATE. This section is effective the day
1.20 	following final enactment.

1.21 	Sec. 2. Minnesota Statutes 2004, section 609.66,
1.22 	subdivision 1d, is amended to read:
1.23 		Subd. 1d.Possession on school property; penalty.  (a)
1.24 	Except as provided under paragraphs (c) and (e), whoever
1.25 	possesses, stores, or keeps a dangerous weapon or uses or
1.26 	brandishes a replica firearm or a BB gun while knowingly on
1.27 	school property is guilty of a felony and may be sentenced to
1.28 	imprisonment for not more than two years or to payment of a fine
1.29 	of not more than $5,000, or both.
2.1 	(b) Whoever possesses, stores, or keeps a replica firearm
2.2 	or a BB gun on school property is guilty of a gross misdemeanor.
2.3 	(c) Notwithstanding paragraph (a) or (b), it is a
2.4 	misdemeanor for a person authorized to carry a firearm under the
2.5 	provisions of a permit or otherwise to carry a firearm on or
2.6 	about the person's clothes or person in a location the person
2.7 	knows is school property.  Notwithstanding section 609.531, a
2.8 	firearm carried in violation of this paragraph is not subject to
2.9 	forfeiture.
2.10 	(d) As used in this subdivision:
2.11 	(1) "BB gun" means a device that fires or ejects a shot
2.12 	measuring .18 of an inch or less in diameter;
2.13 	(2) "dangerous weapon" has the meaning given it in section
2.14 	609.02, subdivision 6;
2.15 	(3) "replica firearm" has the meaning given it in section
2.16 	609.713; and
2.17 	(4) "school property" means:
2.18 	(i) a public or private elementary, middle, or secondary
2.19 	school building and its improved grounds, whether leased or
2.20 	owned by the school;
2.21 	(ii) a child care center licensed under chapter 245A during
2.22 	the period children are present and participating in a child
2.23 	care program;
2.24 	(iii) the area within a school bus when that bus is being
2.25 	used by a school to transport one or more elementary, middle, or
2.26 	secondary school students to and from school-related activities,
2.27 	including curricular, cocurricular, noncurricular,
2.28 	extracurricular, and supplementary activities; and
2.29 	(iv) that portion of a building or facility under the
2.30 	temporary, exclusive control of a public or private school, a
2.31 	school district, or an association of such entities where
2.32 	conspicuous signs are prominently posted at each entrance that
2.33 	give actual notice to persons of the school-related use.
2.34 	(e) This subdivision does not apply to:
2.35 	(1) active licensed peace officers,;
2.36 	(2) military personnel,or students participating in
3.1 	military training, who are on-duty, performing official duties;
3.2 	(2) (3) persons authorized to carry a pistol under section
3.3 	624.714 while in a motor vehicle or outside of a motor vehicle
3.4 	to directly place a firearm in, or retrieve it from, the trunk
3.5 	or rear area of the vehicle;
3.6 	(3) (4) persons who keep or store in a motor vehicle
3.7 	pistols in accordance with section 624.714 or 624.715 or other
3.8 	firearms in accordance with section 97B.045;
3.9 	(4) (5) firearm safety or marksmanship courses or
3.10 	activities conducted on school property;
3.11 	(5) (6) possession of dangerous weapons, BB guns, or
3.12 	replica firearms by a ceremonial color guard;
3.13 	(6) (7) a gun or knife show held on school property;
3.14 	(7) (8) possession of dangerous weapons, BB guns, or
3.15 	replica firearms with written permission of the principal or
3.16 	other person having general control and supervision of the
3.17 	school or the director of a child care center; or
3.18 	(8) (9) persons who are on unimproved property owned or
3.19 	leased by a child care center, school, or school district unless
3.20 	the person knows that a student is currently present on the land
3.21 	for a school-related activity.
3.22 	(f) Notwithstanding section 471.634, a school district or
3.23 	other entity composed exclusively of school districts may not
3.24 	regulate firearms, ammunition, or their respective components,
3.25 	when possessed or carried by nonstudents or nonemployees, in a
3.26 	manner that is inconsistent with this subdivision.
3.27 	
EFFECTIVE DATE. This section is effective the day
3.28 	following final enactment.

3.29 	Sec. 3. Minnesota Statutes 2004, section 624.714,
3.30 	subdivision 1b, is amended to read:
3.31 		Subd. 1b.Display of permit; penalty.  (a) The holder of
3.32 	a permit to carry must have the permit card and a driver's
3.33 	license, state identification card, or other government-issued
3.34 	photo identification in immediate possession at all times when
3.35 	carrying a pistol and must display the permit card and
3.36 	identification document upon lawful demand by a peace officer,
4.1 	as defined in section 626.84, subdivision 1.  A violation of
4.2 	this paragraph is a petty misdemeanor.  The fine for a first
4.3 	offense must not exceed $25.  Notwithstanding section 609.531, a
4.4 	firearm carried in violation of this paragraph is not subject to
4.5 	forfeiture.
4.6 	(b) A citation issued for violating paragraph (a) must be
4.7 	dismissed if the person demonstrates, in court or in the office
4.8 	of the arresting officer, that the person was authorized to
4.9 	carry the pistol at the time of the alleged violation.
4.10 	(c) Upon the request of a peace officer, a permit holder
4.11 	must write a sample signature in the officer's presence to aid
4.12 	in verifying the person's identity.
4.13 	(d) Upon the request of a peace officer, a permit holder
4.14 	shall disclose to the officer whether or not the permit holder
4.15 	is currently carrying a firearm.

4.16 	Sec. 4. Minnesota Statutes 2004, section 624.714,
4.17 	subdivision 2, is amended to read:
4.18 		Subd. 2.Where application made; authority to issue
4.19 	permit; criteria; scope.  (a) Applications by Minnesota
4.20 	residents for permits to carry shall be made to the county
4.21 	sheriff where the applicant resides.  Nonresidents, as defined
4.22 	in section 171.01, subdivision 42, may apply to any sheriff.
4.23 	(b) Unless a sheriff denies a permit under the exception
4.24 	set forth in subdivision 6, paragraph (a), clause (3), a sheriff
4.25 	must issue a permit to an applicant if the person:
4.26 	(1) has training in the safe use of a pistol;
4.27 	(2) is at least 21 years old and a citizen or a permanent
4.28 	resident of the United States;
4.29 	(3) completes an application for a permit;
4.30 	(4) is not prohibited from possessing a firearm under the
4.31 	following sections:
4.32 	(i) 518B.01, subdivision 14;
4.33 	(ii) 609.224, subdivision 3;
4.34 	(iii) 609.2242, subdivision 3;
4.35 	(iv) 609.749, subdivision 8;
4.36 	(v) 624.713;
5.1 	(vi) 624.719;
5.2 	(vii) 629.715, subdivision 2; or 
5.3 	(viii) 629.72, subdivision 2; or 
5.4 	(ix) any federal law;and
5.5 	(5) is not listed in the criminal gang investigative data
5.6 	system under section 299C.091.
5.7 	(c) A permit to carry a pistol issued or recognized under
5.8 	this section is a state permit and is effective throughout the
5.9 	state.
5.10 	(d) A sheriff may contract with a police chief to process
5.11 	permit applications under this section.  If a sheriff contracts
5.12 	with a police chief, the sheriff remains the issuing authority
5.13 	and the police chief acts as the sheriff's agent.  If a sheriff
5.14 	contracts with a police chief, all of the provisions of this
5.15 	section will apply.
5.16 	
EFFECTIVE DATE. This section is effective the day
5.17 	following final enactment.

5.18 	Sec. 5. Minnesota Statutes 2004, section 624.714,
5.19 	subdivision 2a, is amended to read:
5.20 		Subd. 2a.Training in the safe use of a pistol.  (a) An
5.21 	applicant must present evidence that the applicant received
5.22 	training in the safe use of a pistol within one year of the date
5.23 	of an original or renewal application.  Training may be
5.24 	demonstrated by:
5.25 	(1) employment as a peace officer in the state of Minnesota
5.26 	within the past year; or
5.27 	(2) completion of a firearms safety or training course
5.28 	providing basic training in the safe use of a pistol and
5.29 	conducted by a certified instructor.
5.30 	(b) Basic training must include:
5.31 	(1) instruction in the fundamentals of pistol use;
5.32 	(2) successful completion of an actual shooting
5.33 	qualification exercise; and
5.34 	(3)  instruction in the fundamental legal aspects of pistol
5.35 	possession, carry, and use, including self-defense and the
5.36 	restrictions on the use of deadly force.
6.1 	(c) The certified instructor must issue a certificate to a
6.2 	person who has completed a firearms safety or training course
6.3 	described in paragraph (b).  The certificate must be signed by
6.4 	the instructor and attest that the person attended and completed
6.5 	the course.
6.6 	(d) A person qualifies as a certified instructor if the
6.7 	person is certified as a firearms instructor within the past
6.8 	five years by:
6.9 	(1) the Bureau of Criminal Apprehension, Training and
6.10 	Development Section;
6.11 	(2) the Minnesota Association of Law Enforcement Firearms
6.12 	Instructors;
6.13 	(3) the National Rifle Association;
6.14 	(4) the American Association of Certified Firearms
6.15 	Instructors;
6.16 	(5) the Peace Officer Standards and Training Board of this
6.17 	state or a similar agency of another state that certifies
6.18 	firearms instructors; or 
6.19 	(6) the Department of Public Safety of this state or a
6.20 	similar agency of another state that certifies firearms
6.21 	instructors an organization or government entity that has been
6.22 	approved by the Department of Public Safety in accordance with
6.23 	the department's standards.
6.24 	(d) (e) A sheriff must accept the training described in
6.25 	this subdivision as meeting the requirement in subdivision 2,
6.26 	paragraph (b), for training in the safe use of a pistol.  A
6.27 	sheriff may also accept other satisfactory evidence of training
6.28 	in the safe use of a pistol.
6.29 	
EFFECTIVE DATE. This section is effective the day
6.30 	following final enactment, except for the changes made in
6.31 	paragraph (d), which are effective October 1, 2005.

6.32 	Sec. 6. Minnesota Statutes 2004, section 624.714,
6.33 	subdivision 3, is amended to read:
6.34 		Subd. 3.Form and contents of application.  (a)
6.35 	Applications for permits to carry must be an official,
6.36 	standardized application form, adopted under section 624.7151,
7.1 	and must set forth in writing only the following information:
7.2 	(1) the applicant's name, residence, telephone number, if
7.3 	any, and driver's license number or state identification card
7.4 	number;
7.5 	(2) the applicant's sex, date of birth, height, weight, and
7.6 	color of eyes and hair, and distinguishing physical
7.7 	characteristics, if any;
7.8 	(3) the township or statutory city or home rule charter
7.9 	city, and county, of all states of residence Minnesota
7.10 	residences of the applicant in the last ten five years, though
7.11 	not including specific addresses;
7.12 	(4) the township or city, county, and state of all
7.13 	non-Minnesota residences of the applicant in the last five
7.14 	years, though not including specific addresses;
7.15 	(5) a statement that the applicant authorizes the release
7.16 	to the sheriff of commitment information about the applicant
7.17 	maintained by the commissioner of human services or any similar
7.18 	agency or department of another state where the applicant has
7.19 	resided, to the extent that the information relates to the
7.20 	applicant's eligibility to possess a firearm; and
7.21 	(5) (6) a statement by the applicant that, to the best of
7.22 	the applicant's knowledge and belief, the applicant is not
7.23 	prohibited by law from possessing a firearm.
7.24 	(b) The statement under paragraph (a), clause (4) (5), must
7.25 	comply with any applicable requirements of Code of Federal
7.26 	Regulations, title 42, sections 2.31 to 2.35, with respect to
7.27 	consent to disclosure of alcohol or drug abuse patient records.
7.28 	(c) An applicant must submit to the sheriff an application
7.29 	packet consisting only of the following items:
7.30 	(1) a completed application form, signed and dated by the
7.31 	applicant;
7.32 	(2) an accurate photocopy of a the certificate, affidavit,
7.33 	or other document described in subdivision 2a, paragraph (c),
7.34 	that is submitted as the applicant's evidence of training in the
7.35 	safe use of a pistol; and
7.36 	(3) an accurate photocopy of the applicant's current
8.1 	driver's license, state identification card, or the photo page
8.2 	of the applicant's passport.
8.3 	(d) In addition to the other application materials, a
8.4 	person who is otherwise ineligible for a permit due to a
8.5 	criminal conviction but who has obtained a pardon or expungement
8.6 	setting aside the conviction, sealing the conviction, or
8.7 	otherwise restoring applicable rights, must submit a copy of the
8.8 	relevant order.
8.9 	(e) Applications must be submitted in person.
8.10 	(f) The sheriff may charge a new application processing fee
8.11 	in an amount not to exceed the actual and reasonable direct cost
8.12 	of processing the application or $100, whichever is less.  Of
8.13 	this amount, $10 must be submitted to the commissioner and
8.14 	deposited into the general fund.
8.15 	(g) This subdivision prescribes the complete and exclusive
8.16 	set of items an applicant is required to submit in order to
8.17 	apply for a new or renewal permit to carry.  The applicant must
8.18 	not be asked or required to submit, voluntarily or
8.19 	involuntarily, any information, fees, or documentation beyond
8.20 	that specifically required by this subdivision.  This paragraph
8.21 	does not apply to alternate training evidence accepted by the
8.22 	sheriff under subdivision 2a, paragraph (d).
8.23 	(h) Forms for new and renewal applications must be
8.24 	available at all sheriffs' offices and the commissioner must
8.25 	make the forms available on the Internet.
8.26 	(i) Application forms must clearly display a notice that a
8.27 	permit, if granted, is void and must be immediately returned to
8.28 	the sheriff if the permit holder is or becomes prohibited by law
8.29 	from possessing a firearm.  The notice must list the applicable
8.30 	state criminal offenses and civil categories that prohibit a
8.31 	person from possessing a firearm.
8.32 	(j) Upon receipt of an application packet and any required
8.33 	fee, the sheriff must provide a signed receipt indicating the
8.34 	date of submission.
8.35 	
EFFECTIVE DATE. This section is effective the day
8.36 	following final enactment.

9.1 	Sec. 7. Minnesota Statutes 2004, section 624.714,
9.2 	subdivision 8, is amended to read:
9.3 		Subd. 8.Permit to carry voided.  (a) The permit to carry
9.4 	is void and must be revoked at the time that the holder becomes
9.5 	prohibited by law from possessing a firearm, in which event the
9.6 	holder must return the permit card to the issuing sheriff within
9.7 	five business days after the holder knows or should know that
9.8 	the holder is a prohibited person.  If a permit is revoked the
9.9 	sheriff has knowledge that a permit is void under this
9.10 	subdivision paragraph, the sheriff must give notice to the
9.11 	permit holder in writing in the same manner as a denial.
9.12 	Failure of the holder to return the permit within the five days
9.13 	is a gross misdemeanor unless the court finds that the
9.14 	circumstances or the physical or mental condition of the permit
9.15 	holder prevented the holder from complying with the return
9.16 	requirement.
9.17 	(b) When a permit holder is convicted of an offense that
9.18 	prohibits the permit holder from possessing a firearm, the court
9.19 	must revoke the permit and, if it is available,take possession
9.20 	of it the permit, if it is available,and send it to the issuing
9.21 	sheriff.
9.22 	(c) The sheriff of the county where the application was
9.23 	submitted, or of the county of the permit holder's current
9.24 	residence, may file a petition with the district court therein,
9.25 	for an order revoking a permit to carry on the grounds set forth
9.26 	in subdivision 6, paragraph (a), clause (3).  An order shall be
9.27 	issued only if the sheriff meets the burden of proof and
9.28 	criteria set forth in subdivision 12.  If the court denies the
9.29 	petition, the court must award the permit holder reasonable
9.30 	costs and expenses, including attorney fees.
9.31 	(d) A permit revocation must be promptly reported to the
9.32 	issuing sheriff.
9.33 	
EFFECTIVE DATE. This section is effective the day
9.34 	following final enactment.

9.35 	Sec. 8. Minnesota Statutes 2004, section 624.714,
9.36 	subdivision 12, is amended to read:
10.1 		Subd. 12.Hearing upon denial or revocation.  (a) Any
10.2 	person aggrieved by denial or revocation of a permit to carry
10.3 	may appeal by petition to the district court having jurisdiction
10.4 	over the county or municipality where the application was
10.5 	submitted.  The petition must list the sheriff as the
10.6 	respondent.  The district court must hold a hearing at the
10.7 	earliest practicable date and in any event no later than 60 days
10.8 	following the filing of the petition for review.  The court may
10.9 	not grant or deny any relief before the completion of the
10.10 	hearing.  The record of the hearing must be sealed.  The matter
10.11 	must be heard de novo without a jury.
10.12 	(b) The court must issue written findings of fact and
10.13 	conclusions of law regarding the issues submitted by the
10.14 	parties.  The court must issue its writ of mandamus directing
10.15 	that the permit be issued and order other appropriate relief
10.16 	unless the sheriff establishes by clear and convincing evidence:
10.17 	(1) that the applicant is disqualified under the criteria
10.18 	described in subdivision 2, paragraph (b); or
10.19 	(2) that there exists a substantial likelihood that the
10.20 	applicant is a danger to self or the public if authorized to
10.21 	carry a pistol under a permit.  Incidents of alleged criminal
10.22 	misconduct that are not investigated and documented, and
10.23 	incidents for which the applicant was charged and acquitted,may
10.24 	not be considered.
10.25 	(c) If an applicant is denied a permit on the grounds that
10.26 	the applicant is listed in the criminal gang investigative data
10.27 	system under section 299C.091, the person may challenge the
10.28 	denial, after disclosure under court supervision of the reason
10.29 	for that listing, based on grounds that the person:
10.30 	(1) was erroneously identified as a person in the data
10.31 	system;
10.32 	(2) was improperly included in the data system according to
10.33 	the criteria outlined in section 299C.091, subdivision 2,
10.34 	paragraph (b); or
10.35 	(3) has demonstrably withdrawn from the activities and
10.36 	associations that led to inclusion in the data system.
11.1 	(d) If the court grants a petition brought under paragraph
11.2 	(a), the court must award the applicant or permit holder
11.3 	reasonable costs and expenses including attorney fees.

11.4 	Sec. 9. Minnesota Statutes 2004, section 624.714,
11.5 	subdivision 17, as reenacted by section 1, is amended to read:
11.6 		Subd. 17.Posting; trespass.  (a) A person carrying a
11.7 	firearm on or about his or her person or clothes under a permit
11.8 	or otherwise who remains at a private establishment knowing that
11.9 	the operator of the establishment or its agent has made a
11.10 	reasonable request that firearms not be brought into the
11.11 	establishment may be ordered to leave the premises.  A person
11.12 	who fails to leave when so requested is guilty of a petty
11.13 	misdemeanor.  The fine for a first offense must not exceed $25.
11.14 	Notwithstanding section 609.531, a firearm carried in violation
11.15 	of this subdivision is not subject to forfeiture.
11.16 	(b) As used in this subdivision, the terms in this
11.17 	paragraph have the meanings given.
11.18 	(1) "Reasonable request" means a request made under the
11.19 	following circumstances:
11.20 	(i) the requester has prominently posted a conspicuous sign
11.21 	at every entrance to the establishment containing the following
11.22 	language:  "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE
11.23 	PREMISES."; and or 
11.24 	(ii) the requester or its the requester's agent personally
11.25 	informs the person of the posted request that guns are
11.26 	prohibited in the premises and demands compliance.
11.27 	(2) "Prominently" means readily visible and within four
11.28 	feet laterally of the entrance with the bottom of the sign at a
11.29 	height of four to six feet above the floor.
11.30 	(3) "Conspicuous" means lettering in black arial typeface
11.31 	at least 1-1/2 inches in height against a bright contrasting
11.32 	background that is at least 187 square inches in area.
11.33 	(4) "Private establishment" means a building, structure, or
11.34 	portion thereof that is owned, leased, controlled, or operated
11.35 	by a nongovernmental entity for a nongovernmental purpose.
11.36 	(c) The owner or operator of a private establishment may
12.1 	not prohibit the lawful carry or possession of firearms in a
12.2 	parking facility or parking area.
12.3 	(d) This subdivision does not apply to private residences.
12.4 	The lawful possessor of a private residence may prohibit
12.5 	firearms, and provide notice thereof, in any lawful manner.
12.6 	(e) A landlord may not restrict the lawful carry or
12.7 	possession of firearms by tenants or their guests.
12.8 	(f) Notwithstanding any inconsistent provisions in section
12.9 	609.605, this subdivision sets forth the exclusive criteria to
12.10 	notify a permit holder when otherwise lawful firearm possession
12.11 	is not allowed in a private establishment and sets forth the
12.12 	exclusive penalty for such activity.
12.13 	(g) This subdivision does not apply to:
12.14 	(1) an on-duty active licensed peace officer;or
12.15 	(2) a security guard acting in the course and scope of
12.16 	employment.
12.17 	
EFFECTIVE DATE. This section is effective the day
12.18 	following final enactment.

12.19 	Sec. 10. Minnesota Statutes 2004, section 624.714, is
12.20 	amended by adding a subdivision to read:
12.21 		Subd. 24.Predatory offenders. Except when acting under
12.22 	the authority of other law, it is a misdemeanor for a person
12.23 	required to register by section 243.166 to carry a pistol
12.24 	whether or not the carrier possesses a permit to carry issued
12.25 	under this section.  If an action prohibited by this subdivision
12.26 	is also a violation of another law, the violation may be
12.27 	prosecuted under either law.

12.28 	Sec. 11. ADOPTION OF STANDARDS.
 12.29 	By October 1, 2005, the Department of Public Safety shall
12.30 	adopt and publish minimum standards that organizations and
12.31 	government entities must meet to certify individuals as
12.32 	certified firearms instructors under Minnesota Statutes, section
12.33 	624.714, subdivision 2a, paragraph (d).

12.34 	EFFECTIVE DATE. This section is effective the day
12.35 	following final enactment.