3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 01/30/2003|
|1st Engrossment||Posted on 02/13/2003|
|2nd Engrossment||Posted on 02/27/2003|
|3rd Engrossment||Posted on 04/07/2003|
1.1 A bill for an act 1.2 relating to public safety; enacting the Minnesota 1.3 Citizens' Personal Protection Act of 2003; recognizing 1.4 the inherent right of law-abiding citizens to 1.5 self-protection through the lawful use of 1.6 self-defense; providing a system under which 1.7 responsible, competent adults can exercise their right 1.8 to self-protection by authorizing them to obtain a 1.9 permit to carry a pistol; providing criminal 1.10 penalties; appropriating money; amending Minnesota 1.11 Statutes 2002, sections 13.871, by adding a 1.12 subdivision; 609.66, subdivision 1d; 624.712, by 1.13 adding a subdivision; 624.714, subdivisions 2, 3, 4, 1.14 6, 7, 8, 10, 12, by adding subdivisions; proposing 1.15 coding for new law in Minnesota Statutes, chapter 624; 1.16 repealing Minnesota Statutes 2002, section 624.714, 1.17 subdivisions 1, 5. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 2002, section 13.871, is 1.20 amended by adding a subdivision to read: 1.21 Subd. 9. [PISTOL PERMIT DATA.] Data on persons permitted 1.22 to carry pistols under the terms of a permit must be shared as 1.23 required by section 624.714, subdivision 6. 1.24 Sec. 2. Minnesota Statutes 2002, section 609.66, 1.25 subdivision 1d, is amended to read: 1.26 Subd. 1d. [
FELONY;POSSESSION ON SCHOOL PROPERTY; 1.27 PENALTY.] (a) Except as provided under paragraphs (c) and (e), 1.28 whoever possesses, stores, or keeps a dangerous weapon or uses 1.29 or brandishes a replica firearm or a BB gun while knowingly on 1.30 school property is guilty of a felony and may be sentenced to 1.31 imprisonment for not more than two years or to payment of a fine 2.1 of not more than $5,000, or both. 2.2 (b) Whoever possesses, stores, or keeps a replica firearm 2.3 or a BB gun on school property is guilty of a gross misdemeanor. 2.4 (c) Notwithstanding paragraph (a) or (b), it is a petty 2.5 misdemeanor for a person authorized to carry a firearm under the 2.6 provisions of a permit or otherwise to carry a firearm on or 2.7 about the person's clothes or person in a location the person 2.8 knows is school property. Notwithstanding section 609.531, a 2.9 firearm carried in violation of this paragraph is not subject to 2.10 forfeiture. 2.11 (d) As used in this subdivision: 2.12 (1) "BB gun" means a device that fires or ejects a shot 2.13 measuring .18 of an inch or less in diameter; 2.14 (2) "dangerous weapon" has the meaning given it in section 2.15 609.02, subdivision 6; 2.16 (3) "replica firearm" has the meaning given it in section 2.17 609.713; and 2.18 (4) "school property" means: 2.19 (i) a public or private elementary, middle, or secondary 2.20 school building and its improved grounds, whether leased or 2.21 owned by the school; and2.22 (ii) a child care center licensed under chapter 245A during 2.23 the period children are present and participating in a child 2.24 care program; 2.25 (iii) the area within a school bus when that bus is being 2.26 used by a school to transport one or more elementary, middle, or 2.27 secondary school students to and from school-related activities, 2.28 including curricular, cocurricular, noncurricular, 2.29 extracurricular, and supplementary activities; and 2.30 (iv) that portion of a building or facility under the 2.31 temporary, exclusive control of a public or private school, a 2.32 school district, or an association of such entities where 2.33 conspicuous signs are prominently posted at each entrance that 2.34 give actual notice to persons of the school-related use. 2.35 (d)(e) This subdivision does not apply to: 2.36 (1) licensed peace officers, military personnel, or 3.1 students participating in military training, who are on-duty, 3.2 performing official duties; 3.3 (2) persons who carry pistols according to the terms of a3.4 permitauthorized to carry a pistol under section 624.714 while 3.5 in a motor vehicle or outside of a motor vehicle to directly 3.6 place a firearm in, or retrieve it from, the trunk or rear area 3.7 of the vehicle; 3.8 (3) persons who keep or store in a motor vehicle pistols in 3.9 accordance with sectionssection 624.714 andor 624.715 or other 3.10 firearms in accordance with section 97B.045; 3.11 (4) firearm safety or marksmanship courses or activities 3.12 conducted on school property; 3.13 (5) possession of dangerous weapons, BB guns, or replica 3.14 firearms by a ceremonial color guard; 3.15 (6) a gun or knife show held on school property; or3.16 (7) possession of dangerous weapons, BB guns, or replica 3.17 firearms with written permission of the principal or other 3.18 person having general control and supervision of the school or 3.19 the director of a child care center; or 3.20 (8) persons who are on unimproved property owned or leased 3.21 by a child care center, school, or school district unless the 3.22 person knows that a student is currently present on the land for 3.23 a school-related activity. 3.24 (f) Notwithstanding section 471.634, a school district or 3.25 other entity composed exclusively of school districts may not 3.26 regulate firearms, ammunition, or their respective components, 3.27 when possessed or carried by nonstudents or nonemployees, in a 3.28 manner that is inconsistent with this subdivision. 3.29 Sec. 3. Minnesota Statutes 2002, section 624.712, is 3.30 amended by adding a subdivision to read: 3.31 Subd. 11. [COMMISSIONER.] "Commissioner" means the 3.32 commissioner of public safety unless otherwise indicated. 3.33 Sec. 4. Minnesota Statutes 2002, section 624.714, is 3.34 amended by adding a subdivision to read: 3.35 Subd. 1a. [PERMIT REQUIRED; PENALTY.] A person, other than 3.36 a peace officer, as defined in section 626.84, subdivision 1, 4.1 who carries, holds, or possesses a pistol in a motor vehicle, 4.2 snowmobile, or boat, or on or about the person's clothes or the 4.3 person, or otherwise in possession or control in a public place, 4.4 as defined in section 624.7181, subdivision 1, paragraph (c), 4.5 without first having obtained a permit to carry the pistol is 4.6 guilty of a gross misdemeanor. A person who is convicted a 4.7 second or subsequent time is guilty of a felony. 4.8 Sec. 5. Minnesota Statutes 2002, section 624.714, is 4.9 amended by adding a subdivision to read: 4.10 Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 4.11 a permit to carry must have the permit card and a driver's 4.12 license, state identification card, or other government-issued 4.13 photo identification in immediate possession at all times when 4.14 carrying a pistol and must display the permit card and 4.15 identification document upon lawful demand by a peace officer, 4.16 as defined in section 626.84, subdivision 1. A violation of 4.17 this paragraph is a petty misdemeanor. The fine for a first 4.18 offense must not exceed $25. Notwithstanding section 609.531, a 4.19 firearm carried in violation of this paragraph is not subject to 4.20 forfeiture. 4.21 (b) A citation issued for violating paragraph (a) must be 4.22 dismissed if the person demonstrates, in court or in the office 4.23 of the arresting officer, that the person was authorized to 4.24 carry the pistol at the time of the alleged violation. 4.25 (c) Upon the request of a peace officer, a permit holder 4.26 must write a sample signature in the officer's presence to aid 4.27 in verifying the person's identity. 4.28 Sec. 6. Minnesota Statutes 2002, section 624.714, 4.29 subdivision 2, is amended to read: 4.30 Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 4.31 PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 4.32 residents for permits to carry shall be made to the chief of4.33 police of an organized full-time police department of the4.34 municipality where the applicant resides orto the county 4.35 sheriff where there is no such local chief of policewhere the 4.36 applicant resides. At the time of application, the local police5.1 authority shall provide the applicant with a dated receipt for5.2 the application.Nonresidents, as defined in section 171.01, 5.3 subdivision 42, may apply to any sheriff. 5.4 (b) Unless a sheriff denies a permit under the exception 5.5 set forth in subdivision 6, paragraph (a), clause (3), a sheriff 5.6 must issue a permit to an applicant if the person: 5.7 (1) has training in the safe use of a pistol; 5.8 (2) is at least 21 years old and a citizen or a permanent 5.9 resident of the United States; 5.10 (3) completes an application for a permit; 5.11 (4) is not prohibited from possessing a firearm under the 5.12 following sections: 5.13 (i) 518B.01, subdivision 14; 5.14 (ii) 609.224, subdivision 3; 5.15 (iii) 609.2242, subdivision 3; 5.16 (iv) 609.749, subdivision 8; 5.17 (v) 624.713; 5.18 (vi) 624.719; 5.19 (vii) 629.715, subdivision 2; or 5.20 (viii) 629.72, subdivision 2; and 5.21 (5) is not listed in the criminal gang investigative data 5.22 system under section 299C.091. 5.23 (c) A permit to carry a pistol issued or recognized under 5.24 this section is a state permit and is effective throughout the 5.25 state. 5.26 (d) A sheriff may contract with a police chief to process 5.27 permit applications under this section. If a sheriff contracts 5.28 with a police chief, the sheriff remains the issuing authority 5.29 and the police chief acts as the sheriff's agent. If a sheriff 5.30 contracts with a police chief, all of the provisions of this 5.31 section will apply. 5.32 Sec. 7. Minnesota Statutes 2002, section 624.714, is 5.33 amended by adding a subdivision to read: 5.34 Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 5.35 applicant must present evidence that the applicant received 5.36 training in the safe use of a pistol within one year of the date 6.1 of an original or renewal application. Training may be 6.2 demonstrated by: 6.3 (1) employment as a peace officer in the state of Minnesota 6.4 within the past year; or 6.5 (2) completion of a firearms safety or training course 6.6 providing basic training in the safe use of a pistol and 6.7 conducted by a certified instructor. 6.8 (b) Basic training must include: 6.9 (1) instruction in the fundamentals of pistol use; 6.10 (2) successful completion of an actual shooting 6.11 qualification exercise; and 6.12 (3) instruction in the fundamental legal aspects of pistol 6.13 possession, carry, and use, including self-defense and the 6.14 restrictions on the use of deadly force. 6.15 (c) A person qualifies as a certified instructor if the 6.16 person is certified as a firearms instructor within the past 6.17 five years by: 6.18 (1) the bureau of criminal apprehension, training and 6.19 development section; 6.20 (2) the Minnesota Association of Law Enforcement Firearms 6.21 Instructors; 6.22 (3) the National Rifle Association; 6.23 (4) the American Association of Certified Firearms 6.24 Instructors; 6.25 (5) the peace officer standards and training board of this 6.26 state or a similar agency of another state that certifies 6.27 firearms instructors; or 6.28 (6) the department of public safety of this state or a 6.29 similar agency of another state that certifies firearms 6.30 instructors. 6.31 (d) A sheriff must accept the training described in this 6.32 subdivision as meeting the requirement in subdivision 2, 6.33 paragraph (b), for training in the safe use of a pistol. A 6.34 sheriff may also accept other satisfactory evidence of training 6.35 in the safe use of a pistol. 6.36 Sec. 8. Minnesota Statutes 2002, section 624.714, 7.1 subdivision 3, is amended to read: 7.2 Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) 7.3 Applications for permits to carry shallmust be an official, 7.4 standardized application form, adopted under section 624.7151, 7.5 and must set forth in writing only the following information: 7.6 (1) the applicant's name, residence, telephone number, if 7.7 any, and driver's license number or nonqualification certificate7.8 number, if any, of the applicantor state identification card 7.9 number; 7.10 (2) the applicant's sex, date of birth, height, weight, and 7.11 color of eyes and hair, and distinguishing physical 7.12 characteristics, if any , of the applicant; 7.13 (3) all states of residence of the applicant in the last 7.14 ten years, though not including specific addresses; 7.15 (4) a statement that the applicant authorizes the release 7.16 to the local police authoritysheriff of commitment information 7.17 about the applicant maintained by the commissioner of human 7.18 services or any similar agency or department of another state 7.19 where the applicant has resided, to the extent that the 7.20 information relates to the applicant's eligibility to possess 7.21 a pistol or semiautomatic military-style assault weapon under7.22 section 624.713, subdivision 1firearm; and 7.23 (4)(5) a statement by the applicant that, to the best of 7.24 the applicant's knowledge and belief, the applicant is not 7.25 prohibited by section 624.713 from possessing a pistol or7.26 semiautomatic military-style assault weapon; andlaw from 7.27 possessing a firearm. 7.28 (5) a recent color photograph of the applicant.7.29 The application shall be signed and dated by the7.30 applicant.(b) The statement under paragraph (a), clause 7.31 (3)(4), must comply with any applicable requirements of Code of 7.32 Federal Regulations, title 42, sections 2.31 to 2.35, with 7.33 respect to consent to disclosure of alcohol or drug abuse 7.34 patient records. 7.35 (c) An applicant must submit to the sheriff an application 7.36 packet consisting only of the following items: 8.1 (1) a completed application form, signed and dated by the 8.2 applicant; 8.3 (2) an accurate photocopy of a certificate, affidavit, or 8.4 other document that is submitted as the applicant's evidence of 8.5 training in the safe use of a pistol; and 8.6 (3) an accurate photocopy of the applicant's current 8.7 driver's license, state identification card, or the photo page 8.8 of the applicant's passport. 8.9 (d) Applications must be submitted in person. 8.10 (e) 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 of public 8.14 safety and deposited into the general fund. 8.15 (f) 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 (g) Forms for new and renewal applications must be 8.24 available at all sheriffs' offices and the commissioner of 8.25 public safety must make the forms available on the Internet. 8.26 (h) 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 (i) 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 Sec. 9. Minnesota Statutes 2002, section 624.714, 8.36 subdivision 4, is amended to read: 9.1 Subd. 4. [INVESTIGATION.] (a) The application authority9.2 shallsheriff must check, by means of electronic data transfer, 9.3 criminal records, histories, and warrant information on each 9.4 applicant through the Minnesota Crime Information System . The9.5 chief of police or sheriff shalland, to the extent necessary, 9.6 the National Instant Check System. The sheriff shall also make 9.7 a reasonable effort to check other available and relevant 9.8 federal, state, or local record keeping systems. The sheriff 9.9 must obtain commitment information from the commissioner of 9.10 human services as provided in section 245.041 or, if the 9.11 information is reasonably available, as provided by a similar 9.12 statute from another state. 9.13 (b) When an application for a permit is filed under this 9.14 section, the sheriff must notify the chief of police, if any, of 9.15 the municipality where the applicant resides. The police chief 9.16 may provide the sheriff with any information relevant to the 9.17 issuance of the permit. 9.18 (c) The sheriff must conduct a background check by means of 9.19 electronic data transfer on a permit holder through the 9.20 Minnesota Crime Information System and, to the extent necessary, 9.21 the National Instant Check System at least yearly to ensure 9.22 continuing eligibility. The sheriff may conduct additional 9.23 background checks by means of electronic data transfer on a 9.24 permit holder at any time during the period that a permit is in 9.25 effect. 9.26 Sec. 10. Minnesota Statutes 2002, section 624.714, 9.27 subdivision 6, is amended to read: 9.28 Subd. 6. [ FAILURE TO GRANTGRANTING AND DENIAL OF 9.29 PERMITS.] (a) The sheriff must, within 30 days after the date of 9.30 receipt of the application packet described in subdivision 3: 9.31 (1) issue the permit to carry; 9.32 (2) deny the application for a permit to carry solely on 9.33 the grounds that the applicant failed to qualify under the 9.34 criteria described in subdivision 2, paragraph (b); or 9.35 (3) deny the application on the grounds that there exists a 9.36 substantial likelihood that the applicant is a danger to self or 10.1 the public if authorized to carry a pistol under a permit. 10.2 (b) Failure of the chief police officer or the county10.3 sheriff to deny the application or issue a permit to carry a10.4 pistolnotify the applicant of the denial of the application 10.5 within 2130 days ofafter the date of receipt of the 10.6 application shall be deemed to be a grant thereof.packet 10.7 constitutes issuance of the permit to carry and the sheriff must 10.8 promptly fulfill the requirements under paragraph (c). To deny 10.9 the application, the local police authority shallsheriff must 10.10 provide anthe applicant with written notification of a denial10.11 and the specific reason forfactual basis justifying the denial 10.12 under paragraph (a), clause (2) or (3), including the source of 10.13 the factual basis. The sheriff must inform the applicant of the 10.14 applicant's right to submit, within 20 business days, any 10.15 additional documentation relating to the propriety of the denial. 10.16 A chief of police or a sheriff may charge a fee to cover the10.17 cost of conducting a background check, not to exceed $10. The10.18 permit shall specify the activities for which it shall be valid.10.19 Upon receiving any additional documentation, the sheriff must 10.20 reconsider the denial and inform the applicant within 15 10.21 business days of the result of the reconsideration. Any denial 10.22 after reconsideration must be in the same form and substance as 10.23 the original denial and must specifically address any continued 10.24 deficiencies in light of the additional documentation submitted 10.25 by the applicant. The applicant must be informed of the right 10.26 to seek de novo review of the denial as provided in subdivision 10.27 12. 10.28 (c) Upon issuing a permit to carry, the sheriff must 10.29 provide a laminated permit card to the applicant by first class 10.30 mail unless personal delivery has been made. Within five 10.31 business days, the sheriff must submit the information specified 10.32 in subdivision 7, paragraph (a), to the commissioner of public 10.33 safety for inclusion solely in the database required under 10.34 subdivision 15, paragraph (a). The sheriff must transmit the 10.35 information in a manner and format prescribed by the 10.36 commissioner. 11.1 (d) Within five business days of learning that a permit to 11.2 carry has been suspended or revoked, the sheriff must submit 11.3 information to the commissioner of public safety regarding the 11.4 suspension or revocation for inclusion solely in the databases 11.5 required or permitted under subdivision 15. 11.6 (e) Notwithstanding paragraphs (a) to (c), the sheriff may 11.7 suspend the application process if a charge is pending against 11.8 the applicant that, if resulting in conviction, will prohibit 11.9 the applicant from possessing a firearm. 11.10 Sec. 11. Minnesota Statutes 2002, section 624.714, 11.11 subdivision 7, is amended to read: 11.12 Subd. 7. [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 11.13 Permits to carry a pistol issued pursuant to this section shall11.14 expire after one year and shall thereafter be renewed in the11.15 same manner and subject to the same provisions by which the11.16 original permit was obtained, except that all renewed permits11.17 must comply with the standards adopted by the commissioner of11.18 public safety under section 624.7161.(a) Permits to carry must 11.19 be on an official, standardized permit card adopted by the 11.20 commissioner of public safety, containing only the name, 11.21 residence, and driver's license number or state identification 11.22 card number of the permit holder, if any. 11.23 (b) The permit card must also identify the issuing sheriff 11.24 and state the expiration date of the permit. The permit card 11.25 must clearly display a notice that a permit, if granted, is void 11.26 and must be immediately returned to the sheriff if the permit 11.27 holder becomes prohibited by law from possessing a firearm. 11.28 (c) A permit to carry a pistol issued under this section 11.29 expires five years after the date of issue. It may be renewed 11.30 in the same manner and under the same criteria which the 11.31 original permit was obtained, subject to the following 11.32 procedures: 11.33 (1) no earlier than 90 days prior to the expiration date on 11.34 the permit, the permit holder may renew the permit by submitting 11.35 to the appropriate sheriff the application packet described in 11.36 subdivision 3 and a renewal processing fee not to exceed the 12.1 actual and reasonable direct cost of processing the application 12.2 or $75, whichever is less. Of this amount, $5 must be submitted 12.3 to the commissioner of public safety and deposited into the 12.4 general fund. The sheriff must process the renewal application 12.5 in accordance with subdivisions 4 and 6; and 12.6 (2) a permit holder who submits a renewal application 12.7 packet after the expiration date of the permit, but within 30 12.8 days after expiration, may renew the permit as provided in 12.9 clause (1) by paying an additional late fee of $10. 12.10 (d) The renewal permit is effective beginning on the 12.11 expiration date of the prior permit to carry. 12.12 Sec. 12. Minnesota Statutes 2002, section 624.714, is 12.13 amended by adding a subdivision to read: 12.14 Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 12.15 PERMIT.] (a) Within 30 days after changing permanent address, or 12.16 within 30 days of having lost or destroyed the permit card, the 12.17 permit holder must notify the issuing sheriff of the change, 12.18 loss, or destruction. Failure to provide notification as 12.19 required by this subdivision is a petty misdemeanor. The fine 12.20 for a first offense must not exceed $25. Notwithstanding 12.21 section 609.531, a firearm carried in violation of this 12.22 paragraph is not subject to forfeiture. 12.23 (b) After notice is given under paragraph (a), a permit 12.24 holder may obtain a replacement permit card by paying $10 to the 12.25 sheriff. The request for a replacement permit card must be made 12.26 on an official, standardized application adopted for this 12.27 purpose under section 624.7151, and, except in the case of an 12.28 address change, must include a notarized statement that the 12.29 permit card has been lost or destroyed. 12.30 Sec. 13. Minnesota Statutes 2002, section 624.714, 12.31 subdivision 8, is amended to read: 12.32 Subd. 8. [PERMIT TO CARRY VOIDED.] (a) The permit to carry 12.33 shall beis void and must be revoked at the time that the holder 12.34 becomes prohibited by law from possessing a pistol under section12.35 624.713firearm, in which event the holder shallmust return the 12.36 permit card to the issuing sheriff within five business days to13.1 the application authorityafter the holder knows or should know 13.2 that the holder is a prohibited person. If a permit is revoked 13.3 under this subdivision, the sheriff must give notice to the 13.4 permit holder in writing in the same manner as a denial. 13.5 Failure of the holder to return the permit within the five days 13.6 is a gross misdemeanor unless the court finds that the 13.7 circumstances or the physical or mental condition of the permit 13.8 holder prevented the holder from complying with the return 13.9 requirement. 13.10 (b) When a permit holder is convicted of an offense that 13.11 prohibits the permit holder from possessing a firearm, the court 13.12 must revoke the permit and, if it is available, take possession 13.13 of it and send it to the issuing sheriff. 13.14 (c) The sheriff of the county where the application was 13.15 submitted, or of the county of the permit holder's current 13.16 residence, may file a petition with the district court therein, 13.17 for an order revoking a permit to carry on the grounds set forth 13.18 in subdivision 6, paragraph (a), clause (3). An order shall be 13.19 issued only if the sheriff meets the burden of proof and 13.20 criteria set forth in subdivision 12. If the court denies the 13.21 petition, the court must award the permit holder reasonable 13.22 costs and expenses, including attorney fees. 13.23 (d) A permit revocation must be promptly reported to the 13.24 issuing sheriff. 13.25 Sec. 14. Minnesota Statutes 2002, section 624.714, is 13.26 amended by adding a subdivision to read: 13.27 Subd. 8a. [PROSECUTOR'S DUTY.] Whenever a person is 13.28 charged with an offense that would, upon conviction, prohibit 13.29 the person from possessing a firearm, the prosecuting attorney 13.30 must ascertain whether the person is a permit holder under this 13.31 section. If the person is a permit holder, the prosecutor must 13.32 notify the issuing sheriff that the person has been charged with 13.33 a prohibiting offense. The prosecutor must also notify the 13.34 sheriff of the final disposition of the case. 13.35 Sec. 15. Minnesota Statutes 2002, section 624.714, 13.36 subdivision 10, is amended to read: 14.1 Subd. 10. [FALSE REPRESENTATIONS.] A person who gives or 14.2 causes to be given any false material information in applying 14.3 for a permit to carry, knowing or having reason to know the 14.4 information is false, is guilty of a gross misdemeanor. 14.5 Sec. 16. Minnesota Statutes 2002, section 624.714, is 14.6 amended by adding a subdivision to read: 14.7 Subd. 11a. [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 14.8 immediately issue an emergency permit to a person if the sheriff 14.9 determines that the person is in an emergency situation that may 14.10 constitute an immediate risk to the safety of the person or 14.11 someone residing in the person's household. A person seeking an 14.12 emergency permit must complete an application form and must sign 14.13 an affidavit describing the emergency situation. An emergency 14.14 permit applicant does not need to provide evidence of training. 14.15 An emergency permit is valid for 30 days, may not be renewed, 14.16 and may be revoked without a hearing. No fee may be charged for 14.17 an emergency permit. An emergency permit holder may seek a 14.18 regular permit under subdivision 3 and is subject to the other 14.19 applicable provisions of this section. 14.20 Sec. 17. Minnesota Statutes 2002, section 624.714, 14.21 subdivision 12, is amended to read: 14.22 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 14.23 person aggrieved by denial or revocation of a permit to carry 14.24 may appeal the denialby petition to the district court having 14.25 jurisdiction over the county or municipality wherein the14.26 notification or denial occurredwhere the application was 14.27 submitted. The petition must list the sheriff as the 14.28 respondent. The district court must hold a hearing at the 14.29 earliest practicable date and in any event no later than 60 days 14.30 following the filing of the petition for review. The court may 14.31 not grant or deny any relief before the completion of the 14.32 hearing. The record of the hearing must be sealed. The matter 14.33 shallmust be heard de novo without a jury. 14.34 (b) The court must issue its writ of mandamus directing 14.35 that the permit be issued and order other appropriate relief 14.36 unless the sheriff establishes by clear and convincing evidence: 15.1 (1) that the applicant is disqualified under the criteria 15.2 described in subdivision 2, paragraph (b); or 15.3 (2) that there exists a substantial likelihood that the 15.4 applicant is a danger to self or the public if authorized to 15.5 carry a pistol under a permit. Incidents of alleged criminal 15.6 misconduct that are not investigated and documented, and 15.7 incidents for which the applicant was charged and acquitted, may 15.8 not be considered. 15.9 (c) If an applicant is denied a permit on the grounds that 15.10 the applicant is listed in the criminal gang investigative data 15.11 system under section 299C.091, the person may challenge the 15.12 denial, after disclosure under court supervision of the reason 15.13 for that listing, based on grounds that the person: 15.14 (1) was erroneously identified as a person in the data 15.15 system; 15.16 (2) was improperly included in the data system according to 15.17 the criteria outlined in section 299C.091, subdivision 2, 15.18 paragraph (b); or 15.19 (3) has demonstrably withdrawn from the activities and 15.20 associations that led to inclusion in the data system. 15.21 (d) If the court grants a petition brought under paragraph 15.22 (a), the court must award the applicant or permit holder 15.23 reasonable costs and expenses including attorney fees. 15.24 Sec. 18. Minnesota Statutes 2002, section 624.714, is 15.25 amended by adding a subdivision to read: 15.26 Subd. 12a. [SUSPENSION AS CONDITION OF RELEASE.] The 15.27 district court may order suspension of the application process 15.28 for a permit or suspend the permit of a permit holder as a 15.29 condition of release pursuant to the same criteria as the 15.30 surrender of firearms under section 629.715. A permit 15.31 suspension must be promptly reported to the issuing sheriff. If 15.32 the permit holder has an out-of-state permit recognized under 15.33 subdivision 16, the court must promptly report the suspension to 15.34 the commissioner of public safety for inclusion solely in the 15.35 database under subdivision 15, paragraph (a). 15.36 Sec. 19. Minnesota Statutes 2002, section 624.714, is 16.1 amended by adding a subdivision to read: 16.2 Subd. 14. [RECORDS.] (a) A sheriff must not maintain 16.3 records or data collected, made, or held under this section 16.4 concerning any applicant or permit holder that are not necessary 16.5 under this section to support a permit that is outstanding or 16.6 eligible for renewal under subdivision 7, paragraph (b). 16.7 Notwithstanding section 138.163, sheriffs must completely purge 16.8 all files and databases by March 1 of each year to delete all 16.9 information collected under this section concerning all persons 16.10 who are no longer current permit holders or currently eligible 16.11 to renew their permit. 16.12 (b) Paragraph (a) does not apply to records or data 16.13 concerning an applicant or permit holder who has had a permit 16.14 denied or revoked under the criteria established in subdivision 16.15 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 16.16 clause (3), for a period of six years from the date of the 16.17 denial or revocation. 16.18 Sec. 20. Minnesota Statutes 2002, section 624.714, is 16.19 amended by adding a subdivision to read: 16.20 Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 16.21 DATABASE.] (a) The commissioner of public safety must maintain 16.22 an automated database of persons authorized to carry pistols 16.23 under this section that is available 24 hours a day, seven days 16.24 a week, only to law enforcement agencies, including prosecutors 16.25 carrying out their duties under subdivision 8a, to verify the 16.26 validity of a permit. 16.27 (b) The commissioner of public safety may maintain a 16.28 separate automated database of denied applications for permits 16.29 to carry and of revoked permits that is available only to 16.30 sheriffs performing their duties under this section containing 16.31 the date of, the statutory basis for, and the initiating agency 16.32 for any permit application denied or permit revoked for a period 16.33 of six years from the date of the denial or revocation. 16.34 (c) The commissioner of public safety may contract with one 16.35 or more vendors to implement the commissioner's duties under 16.36 this section. 17.1 Sec. 21. Minnesota Statutes 2002, section 624.714, is 17.2 amended by adding a subdivision to read: 17.3 Subd. 16. [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 17.4 The commissioner of public safety must annually establish and 17.5 publish a list of other states that have laws governing the 17.6 issuance of permits to carry weapons that are not substantially 17.7 similar to this section. The list must be available on the 17.8 Internet. A person holding a carry permit from a state not on 17.9 the list may use the license or permit in this state subject to 17.10 the rights, privileges, and requirements of this section. 17.11 (b) Notwithstanding paragraph (a), no license or permit 17.12 from another state is valid in this state if the holder is or 17.13 becomes prohibited by law from possessing a firearm. 17.14 (c) Any sheriff or police chief may file a petition under 17.15 subdivision 12 seeking an order suspending or revoking an 17.16 out-of-state permit holder's authority to carry a pistol in this 17.17 state on the grounds set forth in subdivision 6, paragraph (a), 17.18 clause (3). An order shall only be issued if the petitioner 17.19 meets the burden of proof and criteria set forth in subdivision 17.20 12. If the court denies the petition, the court must award the 17.21 permit holder reasonable costs and expenses including attorney 17.22 fees. The petition may be filed in any county in the state 17.23 where a person holding a license or permit from another state 17.24 can be found. 17.25 (d) The commissioner of public safety must, when necessary, 17.26 execute reciprocity agreements regarding carry permits with 17.27 jurisdictions whose carry permits are recognized under paragraph 17.28 (c). 17.29 Sec. 22. Minnesota Statutes 2002, section 624.714, is 17.30 amended by adding a subdivision to read: 17.31 Subd. 17. [POSTING; TRESPASS.] (a) A person carrying a 17.32 firearm on or about his or her person or clothes under a permit 17.33 or otherwise who remains at a private establishment knowing that 17.34 the operator of the establishment or its agent has made a 17.35 reasonable request that firearms not be brought into the 17.36 establishment may be ordered to leave the premises. A person 18.1 who fails to leave when so requested is guilty of a petty 18.2 misdemeanor. The fine for a first offense must not exceed $25. 18.3 Notwithstanding section 609.531, a firearm carried in violation 18.4 of this subdivision is not subject to forfeiture. 18.5 (b) As used in this subdivision, the terms in this 18.6 paragraph have the meanings given. 18.7 (1) "Reasonable request" means a request made under the 18.8 following circumstances: 18.9 (i) the requester has prominently posted a conspicuous sign 18.10 at every entrance to the establishment or event containing the 18.11 following language: "(INDICATE IDENTITY OF OPERATOR) ALLOWS NO 18.12 FIREARMS WITHIN THESE PREMISES."; and 18.13 (ii) the requester or its agent personally informs the 18.14 person of the posted request and demands compliance. 18.15 (2) "Prominently" means readily visible and within four 18.16 feet laterally of the entrance with the bottom of the sign at a 18.17 height of four to six feet above the floor. 18.18 (3) "Conspicuous" means lettering in black block letters at 18.19 least 1-1/2 inches in height against a contrasting background 18.20 that is at least 216 square inches in area. 18.21 (4) "Private establishment" means a building, structure, or 18.22 portion thereof that is owned, leased, controlled, or operated 18.23 by a nongovernmental entity for a nongovernmental purpose, but 18.24 does not include a parking facility, parking area, or private 18.25 residence. 18.26 (c) This subdivision does not affect the rights of 18.27 employers and employees to define the terms of their employment 18.28 relationship while the employee is acting in the course and 18.29 scope of that employment. 18.30 (d) Notwithstanding any inconsistent provisions in section 18.31 609.605, this subdivision sets forth the exclusive criteria to 18.32 notify a person that firearm possession is not allowed in a 18.33 private establishment and sets forth the exclusive penalty for 18.34 such activity. 18.35 (e) This subdivision does not apply to an on-duty peace 18.36 officer or security guard acting in the course and scope of 19.1 employment. 19.2 Sec. 23. Minnesota Statutes 2002, section 624.714, is 19.3 amended by adding a subdivision to read: 19.4 Subd. 18. [IMMUNITY.] Neither a sheriff, police chief, any 19.5 employee of a sheriff or police chief involved in the permit 19.6 issuing process, nor any certified instructor is liable for 19.7 damages resulting or arising from acts with a firearm committed 19.8 by a permit holder, unless the person had actual knowledge at 19.9 the time the permit was issued or the instruction was given that 19.10 the applicant was prohibited by law from possessing a firearm. 19.11 Sec. 24. Minnesota Statutes 2002, section 624.714, is 19.12 amended by adding a subdivision to read: 19.13 Subd. 19. [MONITORING.] (a) By March 1, 2004, and each 19.14 year thereafter, the commissioner of public safety must report 19.15 to the legislature on: 19.16 (1) the number of permits applied for, issued, suspended, 19.17 revoked, and denied, further categorized by the age, sex, and 19.18 zip code of the applicant or permit holder, since the previous 19.19 submission, and in total; 19.20 (2) the number of permits currently valid; 19.21 (3) the specific reasons for each suspension, revocation, 19.22 and denial and the number of reversed, canceled, or corrected 19.23 actions; 19.24 (4) the number of convictions and types of crimes committed 19.25 since the previous submission, and in total, by individuals with 19.26 permits including data as to whether a firearm lawfully carried 19.27 solely by virtue of a permit was actually used in furtherance of 19.28 the crime; 19.29 (5) to the extent known or determinable, data on the lawful 19.30 and justifiable use of firearms by permit holders; and 19.31 (6) the status of the segregated funds reported to the 19.32 commissioner under subdivision 19. 19.33 (b) Sheriffs and police chiefs must supply the department 19.34 of public safety with the basic data the department requires to 19.35 complete the report under paragraph (a). Sheriffs and police 19.36 chiefs may submit data classified as private to the department 20.1 of public safety under this paragraph. 20.2 (c) Copies of the report under paragraph (a) must be made 20.3 available to the public at the actual cost of duplication. 20.4 (d) Nothing contained in any provision of this section or 20.5 any other law requires or authorizes the registration, 20.6 documentation, collection, or providing of serial numbers or 20.7 other data on firearms or on firearms' owners. 20.8 Sec. 25. Minnesota Statutes 2002, section 624.714, is 20.9 amended by adding a subdivision to read: 20.10 Subd. 20. [USE OF FEES.] Fees collected by sheriffs under 20.11 this section and not forwarded to the commissioner of public 20.12 safety must be used only to pay the direct costs of 20.13 administering this section. Fee money may be used to pay the 20.14 costs of appeals of prevailing applicants or permit holders 20.15 under subdivision 8, paragraph (c); subdivision 12, paragraph 20.16 (e); and subdivision 16, paragraph (c). The revenues must be 20.17 maintained in a segregated fund. Fund balances must be carried 20.18 over from year to year and do not revert to any other fund. As 20.19 part of the information supplied under subdivision 19, paragraph 20.20 (b), by January 31 of each year, a sheriff must report to the 20.21 commissioner on the sheriff's segregated fund for the preceding 20.22 calendar year, including information regarding: 20.23 (1) nature and amount of revenues; 20.24 (2) nature and amount of expenditures; and 20.25 (3) nature and amount of balances. 20.26 Sec. 26. Minnesota Statutes 2002, section 624.714, is 20.27 amended by adding a subdivision to read: 20.28 Subd. 21. [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 20.29 section may be cited as the Minnesota Citizens' Personal 20.30 Protection Act of 2003. The legislature of the state of 20.31 Minnesota recognizes and declares that the second amendment of 20.32 the United States Constitution guarantees the fundamental, 20.33 individual right to keep and bear arms. The provisions of this 20.34 section are declared to be necessary to accomplish compelling 20.35 state interests in regulation of those rights. The terms of 20.36 this section must be construed according to the compelling state 21.1 interest test. The invalidation of any provision of this 21.2 section shall not invalidate any other provision. 21.3 Sec. 27. Minnesota Statutes 2002, section 624.714, is 21.4 amended by adding a subdivision to read: 21.5 Subd. 22. [EXCLUSIVITY.] This section sets forth the 21.6 complete and exclusive criteria and procedures for the issuance 21.7 of permits to carry and establishes their nature and scope. No 21.8 sheriff, police chief, governmental unit, government official, 21.9 government employee, or other person or body acting under color 21.10 of law or governmental authority may change, modify, or 21.11 supplement these criteria or procedures, or limit the exercise 21.12 of a permit to carry. 21.13 Sec. 28. [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 21.14 ALCOHOL OR A CONTROLLED SUBSTANCE.] 21.15 Subdivision 1. [ACTS PROHIBITED.] A person may not carry a 21.16 pistol on or about the person's clothes or person in a public 21.17 place: 21.18 (1) when the person is under the influence of a controlled 21.19 substance, as defined in section 152.01, subdivision 4; 21.20 (2) when the person is under the influence of a combination 21.21 of any two or more of the elements named in clauses (1) and (4); 21.22 (3) when the person is knowingly under the influence of any 21.23 chemical compound or combination of chemical compounds that is 21.24 listed as a hazardous substance in rules adopted under section 21.25 182.655 and that affects the nervous system, brain, or muscles 21.26 of the person so as to impair the person's clearness of 21.27 intellect or physical control; 21.28 (4) when the person is under the influence of alcohol; 21.29 (5) when the person's alcohol concentration is 0.10 or 21.30 more; or 21.31 (6) when the person's alcohol concentration is less than 21.32 0.10, but more than 0.04. 21.33 Subd. 2. [ARREST.] A peace officer may arrest a person for 21.34 a violation under subdivision 1 without a warrant upon probable 21.35 cause, without regard to whether the violation was committed in 21.36 the officer's presence. 22.1 Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer 22.2 authorized under subdivision 2 to make arrests has reason to 22.3 believe that the person may be violating or has violated 22.4 subdivision 1, the officer may require the person to provide a 22.5 breath sample for a preliminary screening test using a device 22.6 approved by the commissioner of public safety for this purpose. 22.7 The results of the preliminary screening test must be used for 22.8 the purpose of deciding whether an arrest should be made under 22.9 this section and whether to require the chemical tests 22.10 authorized in section 624.7143, but may not be used in any court 22.11 action except: (1) to prove that the test was properly required 22.12 of a person under section 624.7143, or (2) in a civil action 22.13 arising out of the use of the pistol. Following the preliminary 22.14 screening test, additional tests may be required of the person 22.15 as provided under section 624.7143. A person who refuses a 22.16 breath sample is subject to the provisions of section 624.7143 22.17 unless, in compliance with that section, the person submits to a 22.18 blood, breath, or urine test to determine the presence of 22.19 alcohol or a controlled substance. 22.20 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 22.21 subdivision 1, the admission of evidence of the amount of 22.22 alcohol or a controlled substance in the person's blood, breath, 22.23 or urine is governed by section 169A.45. 22.24 Subd. 5. [SUSPENSION.] A person who is charged with a 22.25 violation under this section may have their authority to carry a 22.26 pistol in a public place on or about the person's clothes or 22.27 person under the provisions of a permit or otherwise suspended 22.28 by the court as a condition of release. 22.29 Subd. 6. [PENALTIES.] (a) A person who violates a 22.30 prohibition under subdivision 1, clauses (1) to (5), is guilty 22.31 of a misdemeanor. A second or subsequent violation is a gross 22.32 misdemeanor. 22.33 (b) A person who violates subdivision 1, clause (6), is 22.34 guilty of a misdemeanor. 22.35 (c) In addition to the penalty imposed under paragraph (a), 22.36 if a person violates subdivision 1, clauses (1) to (5), the 23.1 person's authority to carry a pistol in a public place on or 23.2 about the person's clothes or person under the provisions of a 23.3 permit or otherwise is revoked and the person may not reapply 23.4 for a period of one year from the date of conviction. 23.5 (d) In addition to the penalty imposed under paragraph (b), 23.6 if a person violates subdivision 1, clause (6), the person's 23.7 authority to carry a pistol in a public place on or about the 23.8 person's clothes or person under the provisions of a permit or 23.9 otherwise is suspended for 180 days from the date of conviction. 23.10 (e) Notwithstanding section 609.531, a firearm carried in 23.11 violation of subdivision 1, clause (6), is not subject to 23.12 forfeiture. 23.13 Subd. 7. [REPORTING.] Suspensions and revocations under 23.14 this section must be reported in the same manner as in section 23.15 624.714, subdivision 12a. 23.16 Sec. 29. [624.7143] [CHEMICAL TESTING.] 23.17 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 23.18 carries a pistol in a public place on or about the person's 23.19 clothes or person is required, subject to the provisions of this 23.20 section, to take or submit to a test of the person's blood, 23.21 breath, or urine for the purpose of determining the presence and 23.22 amount of alcohol or a controlled substance. The test shall be 23.23 administered at the direction of an officer authorized to make 23.24 arrests under section 624.7142. Taking or submitting to the 23.25 test is mandatory when requested by an officer who has probable 23.26 cause to believe the person was carrying a pistol in violation 23.27 of section 624.7142, and one of the following conditions exists: 23.28 (1) the person has been lawfully placed under arrest for 23.29 violating section 624.7142; 23.30 (2) the person has been involved while carrying a firearm 23.31 in a firearms-related accident resulting in property damage, 23.32 personal injury, or death; 23.33 (3) the person has refused to take the preliminary 23.34 screening test provided for in section 624.7142; or 23.35 (4) the screening test was administered and indicated an 23.36 alcohol concentration of 0.04 or more. 24.1 Subd. 2. [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 24.2 refuses to take a test required under subdivision 1, none must 24.3 be given but the officer shall report the refusal to the sheriff 24.4 and to the authority having responsibility for prosecution of 24.5 misdemeanor offenses for the jurisdiction in which the incident 24.6 occurred that gave rise to the test demand and refusal. On 24.7 certification by the officer that probable cause existed to 24.8 believe the person had been carrying a pistol on or about the 24.9 person's clothes or person in a public place while under the 24.10 influence of alcohol or a controlled substance, and that the 24.11 person refused to submit to testing, a court may impose a civil 24.12 penalty of $500 and may revoke the person's authority to carry a 24.13 pistol in a public place on or about the person's clothes or 24.14 person under the provisions of a permit or otherwise for a 24.15 period of one year from the date of the refusal. The person 24.16 shall be accorded notice and an opportunity to be heard prior to 24.17 imposition of the civil penalty or the revocation. 24.18 (b) Revocations under this subdivision must be reported in 24.19 the same manner as in section 624.714, subdivision 12a. 24.20 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 24.21 requested, the person must be informed that: 24.22 (1) Minnesota law requires a person to take a test to 24.23 determine if the person is under the influence of alcohol or a 24.24 controlled substance; 24.25 (2) if the person refuses to take the test, the person is 24.26 subject to a civil penalty of $500 and is prohibited for a 24.27 period of one year from carrying a pistol in a public place on 24.28 or about the person's clothes or person, as provided under 24.29 subdivision 2; and 24.30 (3) that the person has the right to consult with an 24.31 attorney, but that this right is limited to the extent it cannot 24.32 unreasonably delay administration of the test or the person will 24.33 be deemed to have refused the test. 24.34 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 24.35 Notwithstanding subdivision 1, if there is probable cause to 24.36 believe there is impairment by a controlled substance that is 25.1 not subject to testing by a breath test, a blood or urine test 25.2 may be required even after a breath test has been administered. 25.3 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 25.4 under this section are governed by section 169A.51 in all 25.5 aspects that are not inconsistent with this section. 25.6 Sec. 30. [APPROPRIATION.] 25.7 $1,071,000 is appropriated in fiscal year 2004 and $119,000 25.8 is appropriated in fiscal year 2005 from the general fund to the 25.9 commissioner of public safety to implement the provisions of 25.10 sections 1 to 29. The unencumbered balance in the first year 25.11 does not cancel but is available for the second year. 25.12 Sec. 31. [TEMPORARY FEE PROVISION.] 25.13 Notwithstanding Minnesota Statutes, section 624.714, 25.14 subdivision 3, paragraph (e), until July 1, 2004, the sheriff 25.15 must submit $21.50 to the commissioner of public safety for 25.16 deposit into the general fund for each permit application 25.17 submitted under Minnesota Statutes, section 624.714. 25.18 Sec. 32. [GRANDFATHER CLAUSE.] 25.19 Permits to carry pistols issued prior to the effective date 25.20 of sections 1 to 29 remain in effect and are valid under the 25.21 terms of issuance until the date of expiration applicable at the 25.22 time of issuance. However, a person holding a permit that was 25.23 issued prior to the effective date of sections 1 to 29 may 25.24 nevertheless apply for a permit under the terms and conditions 25.25 of sections 1 to 29. 25.26 Sec. 33. [REVISOR'S INSTRUCTION.] 25.27 In Minnesota Statutes, sections 624.713 to 624.717, the 25.28 revisor of statutes shall change the term "commissioner of 25.29 public safety" to "commissioner" wherever the term appears. 25.30 Sec. 34. [REPEALER.] 25.31 Minnesota Statutes 2002, section 624.714, subdivisions 1 25.32 and 5, are repealed. 25.33 Sec. 35. [EFFECTIVE DATE.] 25.34 Sections 1 to 34 are effective 30 days after final 25.35 enactment and apply to crimes committed on or after that date, 25.36 except that the commissioner of public safety must promulgate 26.1 the list required under section 21 within 60 days of final 26.2 enactment. The database required by section 20 must be 26.3 operational within 180 days of the effective date.