HF 985

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; providing that permits to carry 
  1.3             a firearm must be issued to responsible, competent 
  1.4             adults; amending Minnesota Statutes 1996, section 
  1.5             624.714, subdivision 1; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 624; repealing 
  1.7             Minnesota Statutes 1996, section 624.714, subdivisions 
  1.8             2, 3, 4, 5, 6, 7, 8, and 10. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 624.714, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PENALTY; PERMITS.] (a) A person, other 
  1.13  than a law enforcement officer who has authority to make arrests 
  1.14  other than citizens arrests, who carries, holds or possesses a 
  1.15  pistol in a motor vehicle, snowmobile or boat, or on or about 
  1.16  the person's clothes or the person, or otherwise in possession 
  1.17  or control in a public place or public area as defined in 
  1.18  section 624.7181, subdivision 1, paragraph (c), without first 
  1.19  having obtained a permit to carry the pistol is guilty of a 
  1.20  gross misdemeanor.  A person who is convicted a second or 
  1.21  subsequent time is guilty of a felony.  
  1.22     (b) A person who has been issued a permit and who engages 
  1.23  in activities other than those for which the permit has been 
  1.24  issued, is guilty of a misdemeanor. A permit to carry a pistol 
  1.25  must be issued to responsible, competent adults in accordance 
  1.26  with section 624.7142. 
  1.27     Sec. 2.  [624.7142] [PERMIT TO CARRY; CRITERIA; PROCEDURES 
  2.1   FOR ISSUANCE; REVOCATION; REPORTS.] 
  2.2      Subdivision 1.  [AUTHORITY.] County sheriffs are the 
  2.3   issuing authority for permits to carry pistols and are 
  2.4   authorized to issue, in accordance with the criteria and 
  2.5   procedures provided in this section, permits to carry pistols to 
  2.6   responsible, competent adults who desire a legal means to carry 
  2.7   a firearm for self-protection or any other lawful purpose. 
  2.8      Subd. 2.  [CRITERIA FOR ISSUANCE.] (a) The issuing 
  2.9   authority must issue a permit to carry to a responsible, 
  2.10  competent adult. 
  2.11     (b) For the purposes of this subdivision, the following 
  2.12  terms have the meanings given them: 
  2.13     (1) "responsible" means the person is not prohibited by 
  2.14  section 624.713 from possessing a firearm; 
  2.15     (2) "competent" means the person presents evidence of 
  2.16  competence to use firearms safely; and 
  2.17     (3) "adult" means the person is 21 years of age or older. 
  2.18     Subd. 3.  [APPLICATION PROCESSING AGENCY; APPLICATION FORM; 
  2.19  WHERE OBTAINED AND SUBMITTED.] (a) The civil division of the 
  2.20  sheriff's department is the application processing agency. 
  2.21     (b) The application shall be on an official, standardized 
  2.22  application form, adopted under section 624.7151, requesting 
  2.23  only the following information: 
  2.24     (1) the name, residence, telephone number, if any, and 
  2.25  driver's license number or nonqualification certificate number, 
  2.26  if any, of the applicant; 
  2.27     (2) the sex, date of birth, height, weight, and color of 
  2.28  eyes and hair, and distinguishing physical characteristics, if 
  2.29  any, of the applicant; and 
  2.30     (3) a statement that the applicant authorizes the release 
  2.31  to the application processing agency of commitment information 
  2.32  about the applicant maintained by the commissioner of human 
  2.33  services, to the extent that the information relates to the 
  2.34  applicant's eligibility to possess a firearm under section 
  2.35  624.713, subdivision 1. 
  2.36     The statement under clause (3) must comply with any 
  3.1   applicable requirements of Code of Federal Regulations, title 
  3.2   42, sections 2.31 to 2.35, with respect to consent to disclosure 
  3.3   of alcohol or drug abuse patient records. 
  3.4      (c) An applicant shall submit to the application processing 
  3.5   agency an application packet consisting of only the following 
  3.6   items: 
  3.7      (1) a completed application form signed and dated by the 
  3.8   applicant; 
  3.9      (2) a nonrefundable processing fee of an amount not to 
  3.10  exceed $50; 
  3.11     (3) a photocopy of a certificate, affidavit, or other 
  3.12  document that is submitted as applicant's evidence of 
  3.13  competence; 
  3.14     (4) a recent color photograph or other image of the 
  3.15  applicant in which the head, including hair, measures 
  3.16  seven-eighths of an inch wide and 1-1/8 inches high; and 
  3.17     (5) a statement by the applicant that, to the best of the 
  3.18  applicant's knowledge and belief, the applicant is not 
  3.19  prohibited by section 624.713 from possessing a firearm. 
  3.20     (d) For the purposes of this subdivision, "evidence of 
  3.21  competence" means any one of the following: 
  3.22     (1) completion of any hunter education or hunter safety 
  3.23  course recognized by the department of natural resources or a 
  3.24  similar agency of another state; 
  3.25     (2) completion of any National Rifle Association firearms 
  3.26  safety or training course conducted by a certified instructor; 
  3.27     (3) completion of any firearms safety or training course or 
  3.28  class available to the general public offered by any law 
  3.29  enforcement, university, college, community college, private or 
  3.30  public institution or organization, or firearms training school, 
  3.31  and conducted by a certified instructor; 
  3.32     (4) completion of any law enforcement firearms safety or 
  3.33  training course or class offered for security guards, 
  3.34  investigators, special deputies, bail enforcement agents, or any 
  3.35  division or subdivision of law enforcement or security 
  3.36  enforcement, and conducted by a certified instructor; 
  4.1      (5) possession of experience with safe use of firearms 
  4.2   through participation in an organized shooting competition, 
  4.3   police service, or military service; 
  4.4      (6) is licensed or has been licensed to carry a firearm in 
  4.5   this state or another state; or 
  4.6      (7) completion of any firearms safety or training course or 
  4.7   class conducted by a certified firearms instructor. 
  4.8      For purposes of this paragraph, "certified instructor" 
  4.9   means a person certified as a firearms instructor by the 
  4.10  American Society of Law Enforcement Trainers, the National Rifle 
  4.11  Association, any national, regional, or state nonprofit 
  4.12  organization that certifies firearms safety trainers, the police 
  4.13  officers standards and training board of this state or similar 
  4.14  agency of another state, the department of natural resources, or 
  4.15  the department of public safety. 
  4.16     (e) This subdivision prescribes the complete and exclusive 
  4.17  set of items which an applicant may submit in order to apply for 
  4.18  a permit to carry.  The applicant shall not be asked to submit, 
  4.19  voluntarily or involuntarily, any information, fees, or 
  4.20  documentation beyond that specifically required by this 
  4.21  subdivision. 
  4.22     (f) Application forms shall be readily and freely available 
  4.23  at all offices, bureaus, and agencies of the sheriff's 
  4.24  department.  Application packets may be submitted at those 
  4.25  offices, and an application tendered during normal business 
  4.26  hours must be accepted and processed.  At the time the 
  4.27  application packet is submitted, the person receiving the 
  4.28  application packet shall provide the applicant with an 
  4.29  authenticated, dated receipt for the application on a form 
  4.30  established pursuant to section 624.7151. 
  4.31     Subd. 4.  [BACKGROUND CHECK; APPLICATION PROCESSING.] (a) 
  4.32  The application processing agency shall check criminal records, 
  4.33  histories, and warrant information on each applicant through the 
  4.34  Minnesota Crime Information System, the National Crime 
  4.35  Information Computer to the extent necessary, and shall obtain 
  4.36  commitment information from the commissioner of human services 
  5.1   as provided in section 245.041 and elsewhere, as necessary.  The 
  5.2   issuing authority may, in its discretion, cause the application 
  5.3   processing agency to repeat the background check on a permit 
  5.4   holder during the period that a permit is in effect or renewal 
  5.5   can be made. 
  5.6      (b) The application processing agency must, within 15 
  5.7   business days after the date of receipt of the application 
  5.8   packet described in subdivision 3, paragraph (c): 
  5.9      (1) issue the permit to carry; or 
  5.10     (2) deny the application for a permit to carry solely on 
  5.11  the grounds that the applicant fails to qualify under the 
  5.12  criteria set forth in subdivision 2. 
  5.13     (c) Failure to notify the applicant of the denial of the 
  5.14  application within 15 business days constitutes issue of the 
  5.15  permit to carry and the application processing agency shall 
  5.16  issue an official permit form to the applicant.  To deny the 
  5.17  application, the application processing agency must notify the 
  5.18  applicant in writing of the specific factual basis for the 
  5.19  denial and the source of such factual basis and inform the 
  5.20  applicant of the applicant's right to submit, within 20 business 
  5.21  days, any additional documentation relating to the propriety of 
  5.22  the denial.  Upon receiving any additional documentation, the 
  5.23  application processing agency shall reconsider the denial and 
  5.24  inform the applicant within 15 business days of the result of 
  5.25  its reconsideration.  Any denial after reconsideration shall be 
  5.26  in the same form and substance as the original denial and shall 
  5.27  specifically address any continued deficiencies in light of the 
  5.28  additional documentation submitted by the applicant.  The 
  5.29  applicant shall be informed of the right to seek de novo review 
  5.30  of the denial as provided in subdivision 16. 
  5.31     (d) Upon issuance of a permit to carry, the application 
  5.32  processing agency shall send a completed official permit form to 
  5.33  the applicant by first class United States mail by the close of 
  5.34  the next business day unless personal delivery has been made. 
  5.35     Subd. 5.  [PERMITS; EXPIRATION; DISPLAY.] (a) A permit to 
  5.36  carry issued under this section is valid throughout the state 
  6.1   for a period of five years from the date of issuance.  Permits 
  6.2   to carry shall be on an official, standardized permit form 
  6.3   adopted under section 624.7151, containing only the following 
  6.4   information about the permit holder: 
  6.5      (1) the name, residence, and driver's license number or 
  6.6   nonqualification certificate number, if any; 
  6.7      (2) the sex, date of birth, height, weight, color of eyes 
  6.8   and hair, and distinguishing physical characteristics, if any; 
  6.9   and 
  6.10     (3) the recent color photograph or image submitted with the 
  6.11  application. 
  6.12     The issued permit shall be authenticated by the application 
  6.13  processing agency by signature or other means. 
  6.14     (b) Permit holders shall carry the permit or a legible 
  6.15  photocopy at all times while carrying a pistol and shall display 
  6.16  the permit upon lawful request by an identified peace officer.  
  6.17  Failure to display the permit upon lawful request or to have the 
  6.18  permit in possession while carrying a pistol is a civil 
  6.19  infraction subject to a penalty of no more than $25. 
  6.20     Subd. 6.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
  6.21  PERMIT.] Within 30 days after changing permanent address, or 
  6.22  within 30 days after having lost or destroyed the permit, the 
  6.23  permit holder shall notify the application processing agency of 
  6.24  such loss or destruction.  Failure to notify the application 
  6.25  processing agency under the provisions of this subdivision is a 
  6.26  civil infraction subject to a penalty of no more than $25. 
  6.27     Subd. 7.  [REPLACEMENT PERMITS.] In the event that a carry 
  6.28  permit is lost or destroyed, the permit shall be automatically 
  6.29  invalid, and the person to whom the permit was issued may, upon 
  6.30  payment of $15 to the application processing agency, obtain a 
  6.31  replacement permit upon furnishing, on a form adopted for such 
  6.32  purpose under section 624.7151, a request for replacement 
  6.33  including a notarized statement that such license has been lost 
  6.34  or destroyed. 
  6.35     Subd. 8.  [PERMIT TO CARRY VOIDED.] The permit to carry 
  6.36  shall be void at the time that the permit holder becomes 
  7.1   prohibited from possessing a firearm under section 624.713, in 
  7.2   which event the holder shall return the permit to the 
  7.3   application processing agency within five business days after 
  7.4   the holder knows or should know that he or she is a prohibited 
  7.5   person.  Failure of the permit holder to return the permit 
  7.6   within the five business days is a gross misdemeanor unless the 
  7.7   court finds that the circumstances or the physical or mental 
  7.8   condition of the holder prevented them from complying with the 
  7.9   return requirement. 
  7.10     Subd. 9.  [RENEWAL.] Permits to carry a firearm issued 
  7.11  under this section shall expire after five years and after that 
  7.12  shall be renewed in the same manner and subject to the same 
  7.13  provisions by which the original permit was obtained in 
  7.14  accordance with the procedures set forth below. 
  7.15     (a) No less than 60, nor more than 90, days prior to the 
  7.16  expiration date of the permit, the application processing agency 
  7.17  must:  
  7.18     (1) conduct a background check on the permit holder as 
  7.19  provided in subdivision 4, paragraph (a); and 
  7.20     (2) mail to each permit holder who is qualified after the 
  7.21  background check a written notice of the expiration and a 
  7.22  renewal application form, promulgated for such purpose pursuant 
  7.23  to section 624.7151, which requests only current information 
  7.24  specified in subdivision 3, paragraph (b), clauses (1) and (2). 
  7.25     (b) The permit holder may renew the permit on or before the 
  7.26  expiration date by submitting to the application processing 
  7.27  agency a renewal packet consisting only of the following items:  
  7.28  a completed renewal application, a recent color photograph, and 
  7.29  a renewal processing fee not to exceed $25.  The permit must be 
  7.30  renewed immediately upon the receipt of the renewal packet, 
  7.31  effective on the date of expiration of the prior permit and the 
  7.32  application processing agency shall send a completed official 
  7.33  permit form to the applicant by first class United States mail 
  7.34  by the close of the next business day unless personal delivery 
  7.35  has been made.  
  7.36     (c) A permit holder who submits a renewal packet after the 
  8.1   expiration date of the permit, but within 90 days after 
  8.2   expiration, may renew the permit as provided in paragraph (a) by 
  8.3   paying a late fee of $15. 
  8.4      (d) No permit may be renewed later than 90 days after its 
  8.5   expiration date, and the person must reapply for a new permit as 
  8.6   provided in subdivisions 3 and 4.  
  8.7      (e) This subdivision prescribes the complete and exclusive 
  8.8   set of items which an applicant shall submit in order to renew a 
  8.9   permit to carry.  The applicant shall not be asked to submit, 
  8.10  voluntarily or involuntarily, any information, fees, or 
  8.11  documentation beyond that specifically required by this 
  8.12  subdivision. 
  8.13     Subd. 10.  [RECORDS.] Neither the issuing authority nor the 
  8.14  application processing agency shall maintain records collected, 
  8.15  made, or held under this section concerning any applicant or 
  8.16  permit holder that are not necessary to support the current 
  8.17  issue of a permit which is outstanding or eligible for renewal.  
  8.18  The issuing authority and the application processing agency must 
  8.19  completely purge all files and databases by March 1 of each year 
  8.20  to delete all such information concerning all persons who are no 
  8.21  longer current permit holders or currently eligible to renew 
  8.22  their permit. 
  8.23     Subd. 11.  [FALSE REPRESENTATIONS.] A person who gives or 
  8.24  causes to be given any false information in applying for a 
  8.25  permit to carry, knowing or having reason to know the 
  8.26  information is false, is guilty of a gross misdemeanor. 
  8.27     Subd. 12.  [FUNDS.] All money collected by the application 
  8.28  processing agency under this section shall be deposited as a 
  8.29  supplement to the sheriff's department operating fund or similar 
  8.30  fund for use in law enforcement. 
  8.31     Subd. 13.  [EMERGENCY ISSUANCE OF PERMITS.] Upon 
  8.32  presentation of a completed application as provided in 
  8.33  subdivision 3, paragraph (c), including a notarized statement 
  8.34  describing the emergency situation to the application processing 
  8.35  authority, a person may request and the agency may issue an 
  8.36  immediately effective permit to carry if the agency determines 
  9.1   that such person is in an emergency situation that may 
  9.2   constitute an immediate risk to the safety of the applicant or 
  9.3   of another person residing in the applicant's household.  The 
  9.4   issuance of such a permit is temporary for a period of 30 
  9.5   calendar days, may not be renewed, and may be revoked without a 
  9.6   hearing.  The processing fee for such emergency issuance of a 
  9.7   permit shall not exceed $100 and any amount in excess of the 
  9.8   processing fee set in subdivision 3, paragraph (c), clause (2), 
  9.9   may be waived in the discretion of the agency.  An emergency 
  9.10  permit shall be converted to a regular permit to carry upon 
  9.11  completion of processing in accordance with subdivision 4. 
  9.12     Subd. 14.  [RECOGNITION.] Any person holding a permit to 
  9.13  carry which is valid in another state is authorized to carry a 
  9.14  firearm in this state for the same purposes and under the same 
  9.15  conditions as a holder of a permit under this section. 
  9.16     Subd. 15.  [IMMUNITY.] Neither the issuing authority, the 
  9.17  application processing agency, any employee of either involved 
  9.18  in the permit issuing process, nor any certified instructor is 
  9.19  liable for damages resulting or arising from acts with a firearm 
  9.20  committed by a permit holder, unless the agency or person had 
  9.21  actual knowledge at the time the permit was issued or the 
  9.22  instruction was given that the applicant was disqualified by law 
  9.23  from possessing a firearm. 
  9.24     Subd. 16.  [HEARING ON DENIAL.] Any person aggrieved by a 
  9.25  denial of a permit to carry may appeal the denial to the 
  9.26  district court having jurisdiction in the county where the 
  9.27  application was submitted or the applicant resides, at the 
  9.28  applicant's discretion.  The district court shall provide an 
  9.29  expedited hearing for the matter and may issue a writ of 
  9.30  mandamus or other relief as the court may deem appropriate.  A 
  9.31  person granted relief under this subdivision shall be awarded 
  9.32  reasonable attorney's fees and costs.  The matter shall be heard 
  9.33  de novo without a jury. 
  9.34     Subd. 17.  [REPORTS.] (a) By March 1 of each year, the 
  9.35  department of public safety shall submit a statistical report to 
  9.36  the governor indicating the number of permits to carry issued, 
 10.1   revoked, and denied since the previous report, and in total, and 
 10.2   also the number of permits to carry currently valid.  The 
 10.3   specific reasons for the revocations and denials shall also be 
 10.4   reported statistically in each category.  The report shall also 
 10.5   include the number of arrests, convictions, and types of crimes 
 10.6   committed since the previous report, and in total, by 
 10.7   individuals with permits to carry and shall include data as to 
 10.8   whether a firearm lawfully carried solely by virtue of a permit 
 10.9   to carry was used in the commission of a crime.  To the extent 
 10.10  that such data is known or determinable, said report shall also 
 10.11  include data on the lawful and justifiable use of firearms by 
 10.12  permit holders.  Issuing authorities and application processing 
 10.13  agencies shall supply the department of public safety with the 
 10.14  basic data the department requires to complete its report.  
 10.15  Copies of the report shall be made available to the public. 
 10.16     (b) Nothing contained in any provision of section 624.714, 
 10.17  subdivision 1, or this section, or any other law, shall be 
 10.18  construed to require or to authorize the registration, 
 10.19  documentation, collection, or providing of serial numbers or 
 10.20  other data on firearms or on firearms owners. 
 10.21     Subd. 18.  [EXCLUSIVITY.] This section sets forth the 
 10.22  complete and exclusive criteria and procedures for the issuance 
 10.23  of permits to carry and no issuing authority or application 
 10.24  processing agency, or other person may change, modify, or 
 10.25  supplement those criteria or procedures. 
 10.26     Sec. 3.  [REPEALER.] 
 10.27     Minnesota Statutes 1996, section 624.714, subdivisions 2, 
 10.28  3, 4, 5, 6, 7, 8, and 10, are repealed.