HF 897

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; modifying the procedure for 
  1.3             applying for and obtaining a permit to carry a pistol; 
  1.4             designating the county sheriff as the application 
  1.5             authority; clarifying the basis for granting or 
  1.6             denying a permit to carry; providing for 
  1.7             administrative review of permit denials; imposing 
  1.8             criminal penalties; amending Minnesota Statutes 1998, 
  1.9             section 624.714, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
  1.10            9, 12, and by adding subdivisions; repealing Minnesota 
  1.11            Statutes 1998, section 624.714, subdivision 10. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 624.714, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [PENALTY WHEN PERMIT REQUIRED; OTHER 
  1.16  DUTIES.] (a) A person, other than a law enforcement officer who 
  1.17  has authority to make arrests other than citizens arrests, who 
  1.18  carries, holds or possesses, shall obtain a permit to carry 
  1.19  under this section before carrying, holding, or possessing a 
  1.20  pistol in a motor vehicle, snowmobile or boat, or on or about 
  1.21  the person's clothes or the person, or otherwise in possession 
  1.22  or control in a public place or public area without first having 
  1.23  obtained a permit to carry the pistol is guilty of a gross 
  1.24  misdemeanor.  A person who is convicted a second or subsequent 
  1.25  time is guilty of a felony.  
  1.26     (b) A person who has been issued a permit and who engages 
  1.27  in activities other than those for which the permit has been 
  1.28  issued, is guilty of a misdemeanor.  A person must not give or 
  2.1   cause to be given any false information when applying for a 
  2.2   permit to carry, knowing or having reason to know the 
  2.3   information is false. 
  2.4      (c) A person who does not reside in Minnesota who holds a 
  2.5   permit that is valid in another state is authorized to carry a 
  2.6   pistol in this state for the same purposes and under the same 
  2.7   conditions as a holder of a permit under this section. 
  2.8      (d) The holder of a permit to carry shall have the permit 
  2.9   in possession at all times while carrying a pistol and shall 
  2.10  display the permit upon the lawful demand of a peace officer. 
  2.11     (e) The holder of a permit to carry must not carry a pistol 
  2.12  while under the influence of alcohol or controlled substances. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 624.714, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [WHERE APPLICATION MADE.] Applications for 
  2.16  permits to carry shall be made to the chief of police of an 
  2.17  organized full-time police department of the municipality where 
  2.18  the applicant resides or to the county sheriff where there is no 
  2.19  such local chief of police where the applicant resides.  The 
  2.20  sheriff may charge a fee sufficient to cover the cost of the 
  2.21  application process, up to a maximum of $50.  At the time of 
  2.22  application, the local police authority the county sheriff shall 
  2.23  provide the applicant with a dated receipt for the application. 
  2.24     Sec. 3.  Minnesota Statutes 1998, section 624.714, 
  2.25  subdivision 3, is amended to read: 
  2.26     Subd. 3.  [CONTENTS.] Applications for permits to carry 
  2.27  shall set forth in writing the following information: 
  2.28     (1) the name, residence, telephone number, and driver's 
  2.29  license number or nonqualification certificate number, if any, 
  2.30  of the applicant; 
  2.31     (2) the sex, date of birth, height, weight, and color of 
  2.32  eyes and hair, and distinguishing physical characteristics, if 
  2.33  any, of the applicant; 
  2.34     (3) a statement that the applicant authorizes the release 
  2.35  to the local police authority county sheriff of commitment 
  2.36  information about the applicant maintained by the commissioner 
  3.1   of human services, to the extent that the information relates to 
  3.2   the applicant's eligibility to possess a pistol or semiautomatic 
  3.3   military-style assault weapon under section 624.713, subdivision 
  3.4   1; 
  3.5      (4) a statement by the applicant that the applicant is not 
  3.6   prohibited by section 624.713 from possessing a pistol or 
  3.7   semiautomatic military-style assault weapon; and 
  3.8      (5) a recent color photograph of the applicant. 
  3.9   The application shall be signed and dated by the applicant.  The 
  3.10  statement under clause (3) must comply with any applicable 
  3.11  requirements of Code of Federal Regulations, title 42, sections 
  3.12  2.31 to 2.35, with respect to consent to disclosure of alcohol 
  3.13  or drug abuse patient records. 
  3.14     Sec. 4.  Minnesota Statutes 1998, section 624.714, 
  3.15  subdivision 4, is amended to read: 
  3.16     Subd. 4.  [INVESTIGATION.] The application authority 
  3.17  sheriff shall: 
  3.18     (1) check criminal records, histories, and warrant 
  3.19  information on each applicant through the Minnesota Crime 
  3.20  Information System.  The chief of police or sheriff shall and 
  3.21  the National Instant Check System and make a reasonable effort 
  3.22  to check other available state and local recordkeeping systems; 
  3.23  and 
  3.24     (2) obtain commitment information from the commissioner of 
  3.25  human services as provided in section 245.041. 
  3.26     Sec. 5.  Minnesota Statutes 1998, section 624.714, 
  3.27  subdivision 5, is amended to read: 
  3.28     Subd. 5.  [GRANTING OF PERMITS.] No (a) A sheriff shall 
  3.29  issue a permit to carry shall be granted to a person unless the 
  3.30  applicant who: 
  3.31     (a) (1) is not a person prohibited by section 624.713 from 
  3.32  possessing a pistol; 
  3.33     (b) (2) has not been convicted of violating this section; 
  3.34     (3) is not listed in the criminal gang investigative data 
  3.35  system under section 299C.091, subdivision 2; 
  3.36     (4) is 21 years of age or older and is a United States 
  4.1   citizen; 
  4.2      (5) provides proof of training in the safe use of pistols 
  4.3   by means of a firearms safety certificate recognized by the 
  4.4   department of natural resources,; evidence of successful 
  4.5   completion of a test of ability to use a firearm supervised by 
  4.6   the chief of police or sheriff; or other satisfactory proof of 
  4.7   ability to use a pistol safely; 
  4.8      (6) provides proof of knowledge of state firearms laws, 
  4.9   including but not limited to the legal limitations on the 
  4.10  justifiable use of force and deadly force as specified in 
  4.11  sections 609.06 and 609.065; and 
  4.12     (c) (7) has an occupation or personal safety hazard 
  4.13  requiring a permit to carry a personal safety hazard not 
  4.14  resulting from the applicant's own criminal activity or from 
  4.15  being a member of a criminal gang. 
  4.16     (b) A sheriff shall grant a permit to carry to a person who 
  4.17  retired in good standing from employment as a licensed peace 
  4.18  officer if the person meets the requirements of paragraph (a), 
  4.19  clauses (1) to (6).  For purposes of this paragraph, "peace 
  4.20  officer" has the meaning given in section 626.84, subdivision 1, 
  4.21  paragraph (c). 
  4.22     Sec. 6.  Minnesota Statutes 1998, section 624.714, is 
  4.23  amended by adding a subdivision to read: 
  4.24     Subd. 5a.  [FORM OF PERMIT.] A permit to carry shall meet 
  4.25  the requirements of section 624.7151 and shall include: 
  4.26     (1) the name, residence, and driver's license number or 
  4.27  nonqualification certificate number, if any, of the holder; 
  4.28     (2) the sex, date of birth, height, weight, and color of 
  4.29  eyes and hair of the holder; 
  4.30     (3) a recent color photograph of the holder; 
  4.31     (4) the holder's signature; 
  4.32     (5) the name of the issuing county; and 
  4.33     (6) the permit's expiration date. 
  4.34     Sec. 7.  Minnesota Statutes 1998, section 624.714, 
  4.35  subdivision 6, is amended to read: 
  4.36     Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
  5.1   police officer or the county sheriff to deny the application or 
  5.2   issue a permit to carry a pistol within 21 days of the date of 
  5.3   application shall be deemed to be a grant thereof.  The local 
  5.4   police authority sheriff shall provide an applicant with written 
  5.5   notification of a denial and the specific reason for the denial. 
  5.6   A chief of police or a sheriff may charge a fee to cover the 
  5.7   cost of conducting a background check, not to exceed $10.  The 
  5.8   permit shall specify the activities for which it shall be 
  5.9   valid.  If a denial is based on an applicant's lack of a 
  5.10  personal safety hazard, the notification shall set forth in 
  5.11  detail the facts forming the basis for the denial. 
  5.12     Sec. 8.  Minnesota Statutes 1998, section 624.714, 
  5.13  subdivision 7, is amended to read: 
  5.14     Subd. 7.  [RENEWAL.] Permits to carry a pistol issued 
  5.15  pursuant to this section are valid statewide.  Permits shall 
  5.16  expire after one year and shall thereafter be renewed in the 
  5.17  same manner and subject to the same provisions by which the 
  5.18  original permit was obtained, except that all renewed permits 
  5.19  must comply with the standards adopted by the commissioner of 
  5.20  public safety under section 624.7161. 
  5.21     Sec. 9.  Minnesota Statutes 1998, section 624.714, 
  5.22  subdivision 8, is amended to read: 
  5.23     Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
  5.24  shall be temporarily void whenever the holder is under the 
  5.25  influence of alcohol or a controlled substance. 
  5.26     (b) The permit to carry shall be permanently void at the 
  5.27  time that the holder becomes prohibited from possessing a pistol 
  5.28  under section 624.713, in which event the holder shall return 
  5.29  the permit within five days to the application authority sheriff 
  5.30  who issued it.  Failure of the holder to return the permit 
  5.31  within the five days is a gross misdemeanor unless the court 
  5.32  finds that the circumstances or the physical or mental condition 
  5.33  of the permit holder prevented the holder from complying with 
  5.34  the return requirement. 
  5.35     Sec. 10.  Minnesota Statutes 1998, section 624.714, 
  5.36  subdivision 9, is amended to read: 
  6.1      Subd. 9.  [CARRYING PISTOLS ABOUT ONE'S PREMISES OR FOR 
  6.2   PURPOSES OF REPAIR, TARGET PRACTICE.] A permit to carry is not 
  6.3   required of a person: 
  6.4      (a) (1) to keep or carry a pistol about the person's place 
  6.5   of business, dwelling house, premises or on land possessed by 
  6.6   the person a pistol; 
  6.7      (b) (2) to carry a pistol from a place of purchase to the 
  6.8   person's dwelling house or place of business, or from the 
  6.9   person's dwelling house or place of business to or from a place 
  6.10  where repairing is done, to have the pistol repaired; 
  6.11     (c) (3) to carry a pistol between the person's dwelling 
  6.12  house and place of business; 
  6.13     (d) (4) to carry a pistol in the woods or fields or upon 
  6.14  the waters of this state for the purpose of hunting or of target 
  6.15  shooting in a safe area; or 
  6.16     (e) (5) to transport a pistol in a motor vehicle, 
  6.17  snowmobile or boat if the pistol is unloaded, contained in a 
  6.18  closed and fastened case, gunbox, or securely tied package. 
  6.19     Sec. 11.  Minnesota Statutes 1998, section 624.714, 
  6.20  subdivision 12, is amended to read: 
  6.21     Subd. 12.  [HEARING UPON DENIAL.] (a) Any person aggrieved 
  6.22  by denial of a permit to carry may appeal the denial to the 
  6.23  district court having jurisdiction over the county or 
  6.24  municipality wherein the notification or denial occurred.  The 
  6.25  matter shall be heard de novo without a jury. has the right to 
  6.26  seek administrative review of the sheriff's decision.  The 
  6.27  permit applicant must exercise this right within 14 days of 
  6.28  receiving notice of the denial.  To request administrative 
  6.29  review, a permit applicant must notify the office of 
  6.30  administrative hearings.  Upon receiving the request, the chief 
  6.31  administrative law judge shall assign an administrative law 
  6.32  judge to conduct the review and the assigned judge shall notify 
  6.33  the permit applicant and the sheriff of the time and place of 
  6.34  the hearing. 
  6.35     (b) A permit applicant must be given a reasonable 
  6.36  opportunity to prepare for the hearing.  The review hearing 
  7.1   shall be conducted on the record.  The permit applicant has the 
  7.2   burden to show, by a preponderance of the evidence, that the 
  7.3   sheriff's denial of the permit was erroneous.  The permit 
  7.4   applicant has the right to be present and be represented by 
  7.5   counsel at the hearing, to present evidence in support of the 
  7.6   applicant's position, to call supporting witnesses and to 
  7.7   cross-examine witnesses testifying in support of the sheriff's 
  7.8   decision. 
  7.9      (c) After the hearing is concluded, the administrative law 
  7.10  judge shall decide whether the sheriff's permit denial was 
  7.11  erroneous and, based on this decision, shall either uphold or 
  7.12  modify the sheriff's decision.  The judge's determination shall 
  7.13  be in writing and shall include the judge's reasons for the 
  7.14  decision.  The judge's decision shall be final and a copy of it 
  7.15  shall be given to the permit applicant and the sheriff. 
  7.16     (d) The review hearing is subject to the contested case 
  7.17  provisions of chapter 14. 
  7.18     Sec. 12.  Minnesota Statutes 1998, section 624.714, is 
  7.19  amended by adding a subdivision to read: 
  7.20     Subd. 14.  [PENALTIES.] (a) A person who violates 
  7.21  subdivision 1, paragraph (a), is guilty of a felony. 
  7.22     (b) A person who violates subdivision 1, paragraph (b) or 
  7.23  (e), is guilty of a gross misdemeanor.  
  7.24     (c) A person who fails to return a void permit as required 
  7.25  by subdivision 8, paragraph (b), is guilty of a gross 
  7.26  misdemeanor unless the court finds that the circumstances or the 
  7.27  physical or mental condition of the permit holder prevented the 
  7.28  holder from complying with the return requirement.  
  7.29     (d) A person who violates subdivision 1, paragraph (d), is 
  7.30  guilty of a misdemeanor.  
  7.31     Sec. 13.  [REPEALER.] 
  7.32     Minnesota Statutes 1998, section 624.714, subdivision 10, 
  7.33  is repealed. 
  7.34     Sec. 14.  [EFFECTIVE DATE.] 
  7.35     Sections 1 to 13 are effective August 1, 1999, and apply to 
  7.36  crimes committed on or after that date.