HF 1360

5th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; enacting the Minnesota 
  1.3             Citizens' Personal Protection Act of 2001; 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 2000, sections 609.66, subdivision 1d; 
  1.12            624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by 
  1.13            adding subdivisions; repealing Minnesota Statutes 
  1.14            2000, section 624.714, subdivisions 1, 5. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 609.66, 
  1.17  subdivision 1d, is amended to read: 
  1.18     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.19  Except as provided under paragraph (c), whoever possesses, 
  1.20  stores, or keeps a dangerous weapon or uses or brandishes a 
  1.21  replica firearm or a BB gun on school property or at a child 
  1.22  care center licensed under chapter 245A is guilty of a felony 
  1.23  and may be sentenced to imprisonment for not more than two years 
  1.24  or to payment of a fine of not more than $5,000, or both. 
  1.25     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.26  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.27     (c) It is a gross misdemeanor for a person with a permit to 
  1.28  carry a pistol issued under section 624.714 to carry a pistol on 
  1.29  school property or at a child care center licensed under chapter 
  1.30  245A unless: 
  2.1      (1) the person is in a vehicle dropping-off or picking-up a 
  2.2   child; or 
  2.3      (2) otherwise permitted under paragraph (e). 
  2.4      (c) (d) As used in this subdivision: 
  2.5      (1) "BB gun" means a device that fires or ejects a shot 
  2.6   measuring .18 of an inch or less in diameter; 
  2.7      (2) "dangerous weapon" has the meaning given it in section 
  2.8   609.02, subdivision 6; 
  2.9      (3) "replica firearm" has the meaning given it in section 
  2.10  609.713; and 
  2.11     (4) "school property" means: 
  2.12     (i) a public or private elementary, middle, or secondary 
  2.13  school building and its grounds, whether leased or owned by the 
  2.14  school; and 
  2.15     (ii) the area within a school bus when that bus is being 
  2.16  used to transport one or more elementary, middle, or secondary 
  2.17  school students. 
  2.18     (d) (e) This subdivision does not apply to: 
  2.19     (1) licensed peace officers, military personnel, or 
  2.20  students participating in military training, who are performing 
  2.21  official duties; 
  2.22     (2) persons who carry pistols according to the terms of a 
  2.23  permit; 
  2.24     (3) persons who keep or store in a motor vehicle pistols in 
  2.25  accordance with sections section 624.714 and or 624.715 or other 
  2.26  firearms in accordance with section 97B.045; 
  2.27     (4) (3) firearm safety or marksmanship courses or 
  2.28  activities conducted on school property; 
  2.29     (5) (4) possession of dangerous weapons, BB guns, or 
  2.30  replica firearms by a ceremonial color guard; 
  2.31     (6) (5) a gun or knife show held on school property; or 
  2.32     (7) (6) possession of dangerous weapons, BB guns, or 
  2.33  replica firearms with written permission of the principal or 
  2.34  director of a child care center. 
  2.35     Sec. 2.  Minnesota Statutes 2000, section 624.714, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 1a.  [SHORT TITLE.] This section may be cited as the 
  3.2   Minnesota Citizens' Personal Protection Act of 2001. 
  3.3      Sec. 3.  Minnesota Statutes 2000, section 624.714, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 1b.  [PENALTY.] (a) A person, other than a peace 
  3.6   officer, as defined in section 626.84, subdivision 1, who 
  3.7   carries, holds, or possesses a pistol in a motor vehicle, 
  3.8   snowmobile, or boat, or on or about the person's clothes or the 
  3.9   person, or otherwise in possession or control in a public place, 
  3.10  as defined in section 624.7181, subdivision 1, paragraph (c), 
  3.11  without first having obtained a permit to carry the pistol is 
  3.12  guilty of a gross misdemeanor.  A person who is convicted a 
  3.13  second or subsequent time is guilty of a felony. 
  3.14     (b) The holder of a permit to carry must have the permit 
  3.15  card in immediate possession at all times when carrying a pistol 
  3.16  and must display it upon lawful demand by a peace officer, as 
  3.17  defined in section 626.84, subdivision 1.  A violation of this 
  3.18  paragraph is a petty misdemeanor.  The fine for a first offense 
  3.19  must not exceed $25. 
  3.20     Sec. 4.  Minnesota Statutes 2000, section 624.714, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 1c.  [SENTENCE ENHANCEMENT.] (a) A permit holder who 
  3.23  uses a pistol to facilitate the commission of a felony may be 
  3.24  sentenced to 125 percent of the maximum sentence otherwise 
  3.25  provided by statute. 
  3.26     (b) It is an affirmative defense to the application of 
  3.27  paragraph (a) that the actor had an honest belief at the 
  3.28  inception of the course of conduct that the actor was acting in 
  3.29  lawful self-defense. 
  3.30     Sec. 5.  Minnesota Statutes 2000, section 624.714, is 
  3.31  amended by adding a subdivision to read: 
  3.32     Subd. 1d.  [POSSESSING A PISTOL WHILE UNDER THE 
  3.33  INFLUENCE.] (a) It is a crime for any person to carry a pistol 
  3.34  in a public place on or about the person's clothes or person: 
  3.35     (1) when the person is under the influence of alcohol; 
  3.36     (2) when the person is under the influence of a controlled 
  4.1   substance; 
  4.2      (3) when the person is knowingly under the influence of a 
  4.3   hazardous substance that affects the nervous system, brain, or 
  4.4   muscles of the person so as to substantially impair the person's 
  4.5   clearness of intellect or physical control; 
  4.6      (4) when the person is under the influence of a combination 
  4.7   of any two or more of the elements named in clauses (1), (2), 
  4.8   and (3); 
  4.9      (5) when the person's alcohol concentration at the time, or 
  4.10  within two hours of the time, of carrying a pistol in a public 
  4.11  place on or about the person's clothes or person is 0.10 or 
  4.12  more; 
  4.13     (6) when the person's body contains any amount of a 
  4.14  controlled substance listed in schedule I or II; or 
  4.15     (7) when the person's alcohol concentration at the time, or 
  4.16  within two hours of the time, of carrying a pistol in a public 
  4.17  place on or about the person's clothes or person is 0.04 or more.
  4.18     (b) Any person who carries a pistol in a public place on or 
  4.19  about the person's clothes or person consents to a chemical test 
  4.20  of that person's blood, breath, or urine for the purpose of 
  4.21  determining the presence of alcohol, controlled substances, or 
  4.22  hazardous substances.  The test must be administered at the 
  4.23  direction of a peace officer.  The administrative procedures 
  4.24  under section 169A.50 apply to the test except for provisions 
  4.25  that clearly cannot be applied to incidents under this 
  4.26  subdivision. 
  4.27     (c) It is a crime for any person to refuse to submit to a 
  4.28  chemical test of the person's blood, breath, or urine if a peace 
  4.29  officer has probable cause to believe that the person has 
  4.30  violated paragraph (a). 
  4.31     (d) A person who violates paragraph (a) or (c) is guilty of 
  4.32  a misdemeanor.  A second or subsequent violation is a gross 
  4.33  misdemeanor. 
  4.34     (e) If a person with a permit to carry a pistol issued 
  4.35  under this section is charged with a violation under this 
  4.36  subdivision, the person's permit may be suspended by the court 
  5.1   as a condition of release. 
  5.2      (f) A permit issued to a person under this section is 
  5.3   revoked and a new permit may not be issued for one year from the 
  5.4   date of conviction if the person is convicted of a violation of 
  5.5   paragraph (a), clause (7). 
  5.6      (g) A permit issued to a person under this section is 
  5.7   revoked and a new permit may not be issued for three years from 
  5.8   the date of conviction if the person is convicted of a violation 
  5.9   of paragraph (a), clauses (1) to (6), or a second violation of 
  5.10  paragraph (a), clause (7). 
  5.11     (h) A permit issued to a person under this section is 
  5.12  revoked and a new permit may not be issued for the remainder of 
  5.13  the person's lifetime if the person is convicted of a second 
  5.14  violation of paragraph (a), clauses (1) to (6), or a third 
  5.15  violation of paragraph (a), clause (7). 
  5.16     Sec. 6.  Minnesota Statutes 2000, section 624.714, 
  5.17  subdivision 2, is amended to read: 
  5.18     Subd. 2.  [WHERE APPLICATION MADE AUTHORITY TO ISSUE 
  5.19  PERMIT; CRITERIA; SCOPE.] Applications for permits to carry 
  5.20  shall be made to the chief of police of an organized full-time 
  5.21  police department of the municipality where the applicant 
  5.22  resides or to the county sheriff where there is no such local 
  5.23  chief of police where the applicant resides.  At the time of 
  5.24  application, the local police authority shall provide the 
  5.25  applicant with a dated receipt for the application.  (a) County 
  5.26  sheriffs have the sole authority to issue permits to carry 
  5.27  pistols pursuant to this section.  A sheriff must issue a permit 
  5.28  to a person if the person: 
  5.29     (1) is not prohibited from possessing a firearm under 
  5.30  section 624.713; 
  5.31     (2) has training in the safe use of a pistol; 
  5.32     (3) completes an application for a permit; 
  5.33     (4) is not listed in the criminal gang investigative data 
  5.34  system under section 299C.091, subdivision 2; and 
  5.35     (5) is at least 21 years old. 
  5.36     (b) A sheriff may contract with a police chief to process 
  6.1   permit applications under this section.  If a sheriff contracts 
  6.2   with a police chief, the sheriff remains the issuing authority 
  6.3   and the police chief acts as the sheriff's agent.  If a sheriff 
  6.4   contracts with a police chief, all of the provisions of this 
  6.5   section still apply. 
  6.6      (c) A permit to carry a pistol issued under this section is 
  6.7   a state permit and is valid throughout the state. 
  6.8      Sec. 7.  Minnesota Statutes 2000, section 624.714, is 
  6.9   amended by adding a subdivision to read: 
  6.10     Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  6.11  applicant for a permit under this section must present evidence 
  6.12  that the applicant received training in the safe use of a 
  6.13  pistol.  This requirement is satisfied if the applicant was 
  6.14  licensed as a peace officer in Minnesota within the last three 
  6.15  years.  If the applicant was not licensed as a peace officer, 
  6.16  within three years prior to the date of filing an original or 
  6.17  renewal application the applicant must complete a firearms 
  6.18  safety or training class conducted by a certified instructor 
  6.19  that provides basic training in the safe use of a pistol 
  6.20  including: 
  6.21     (1) instruction in the fundamentals of pistol use; 
  6.22     (2) successful completion of a live fire shooting exercise 
  6.23  with an instructor certified by an agency or organization listed 
  6.24  in paragraph (b); and 
  6.25     (3) instruction in the fundamental legal aspects of pistol 
  6.26  possession and use, including self-defense. 
  6.27     (b) Firearms instructors certified by only the following 
  6.28  agencies or organizations are qualified to conduct courses 
  6.29  required under this subdivision: 
  6.30     (1) the American Society of Law Enforcement Trainers; 
  6.31     (2) the Minnesota Association of Law Enforcement Firearms 
  6.32  Instructors; 
  6.33     (3) the National Rifle Association; 
  6.34     (4) the peace officer standards and training board of this 
  6.35  state or a similar agency of another state; 
  6.36     (5) the department of natural resources of this state or a 
  7.1   similar agency of another state; or 
  7.2      (6) the department of public safety of this state or a 
  7.3   similar agency of another state. 
  7.4      Sec. 8.  Minnesota Statutes 2000, section 624.714, 
  7.5   subdivision 3, is amended to read: 
  7.6      Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  7.7   Applications for permits to carry shall must be on an official, 
  7.8   standardized application form, adopted under section 624.7151, 
  7.9   and must set forth in writing only the following information: 
  7.10     (1) the name, residence, telephone number, if any, and 
  7.11  driver's license number or nonqualification certificate number, 
  7.12  if any, of the applicant; 
  7.13     (2) the sex, date of birth, height, weight, and color of 
  7.14  eyes and hair, and distinguishing physical characteristics, if 
  7.15  any, of the applicant; 
  7.16     (3) a statement by the applicant that, to the best of the 
  7.17  applicant's knowledge and belief, the applicant is not 
  7.18  prohibited by section 624.713 from possessing a firearm; and 
  7.19     (4) a statement that the applicant authorizes the release 
  7.20  to the local police authority sheriff of commitment information 
  7.21  about the applicant maintained by the commissioner of human 
  7.22  services or such similar agency or department of a state of 
  7.23  residence, to the extent that the information relates to the 
  7.24  applicant's eligibility to possess a pistol or semiautomatic 
  7.25  military-style assault weapon firearm under section 624.713, 
  7.26  subdivision 1; 
  7.27     (4) a statement by the applicant that the applicant is not 
  7.28  prohibited by section 624.713 from possessing a pistol or 
  7.29  semiautomatic military-style assault weapon; and 
  7.30     (5) a recent color photograph of the applicant. 
  7.31     The application shall be signed and dated by the 
  7.32  applicant.  The statement under clause (3) (4) must comply with 
  7.33  any applicable requirements of Code of Federal Regulations, 
  7.34  title 42, sections 2.31 to 2.35, with respect to consent to 
  7.35  disclosure of alcohol or drug abuse patient records. 
  7.36     (b) An applicant must submit to the sheriff an application 
  8.1   packet consisting only of the following items: 
  8.2      (1) a completed application form, signed and dated by the 
  8.3   applicant; 
  8.4      (2) a photocopy of a certificate, affidavit, or other 
  8.5   document that is submitted as the applicant's evidence of 
  8.6   training in the safe use of a pistol; and 
  8.7      (3) a recent color photograph or other image of the 
  8.8   applicant in which the head, including hair, is the size 
  8.9   required by the standardized carry permit card described in 
  8.10  subdivision 7, unless the commissioner of public safety 
  8.11  authorizes use of the image contained on the applicant's 
  8.12  Minnesota driver's license or nonqualification certificate. 
  8.13     (c) The sheriff may charge a new application processing fee 
  8.14  in an amount not to exceed $45.  Of this amount, $35 must be 
  8.15  submitted to the commissioner of public safety and deposited 
  8.16  into the general fund. 
  8.17     (d) This subdivision prescribes the complete and exclusive 
  8.18  set of items an applicant is required to submit in order to 
  8.19  apply for a new or renewal permit to carry.  The applicant must 
  8.20  not be asked or required to submit, voluntarily or 
  8.21  involuntarily, any information, fees, or documentation beyond 
  8.22  that specifically required by this subdivision. 
  8.23     (e) Forms for new and renewal applications must be 
  8.24  available at all sheriff's offices and the commissioner of 
  8.25  public safety must make the forms available on the Internet.  
  8.26  Application forms must clearly display a notice that a permit, 
  8.27  if granted, is void and must be immediately returned to the 
  8.28  sheriff if the permit holder becomes ineligible to possess a 
  8.29  firearm under section 624.713.  The notice may list the 
  8.30  applicable offenses. 
  8.31     (f) Upon receipt of an application packet and any required 
  8.32  fee, a sheriff must provide a receipt indicating the date of 
  8.33  submission. 
  8.34     Sec. 9.  Minnesota Statutes 2000, section 624.714, 
  8.35  subdivision 4, is amended to read: 
  8.36     Subd. 4.  [INVESTIGATION.] (a) The application authority 
  9.1   shall sheriff must check criminal records, histories, and 
  9.2   warrant information on each applicant through the Minnesota 
  9.3   Crime Information System. The chief of police or sheriff 
  9.4   shall and, to the extent necessary, the National Instant Check 
  9.5   System and the National Crime Record Repository, and must make a 
  9.6   reasonable effort to check other available state and local 
  9.7   recordkeeping systems.  The sheriff must also obtain commitment 
  9.8   information from the commissioner of human services as provided 
  9.9   in section 245.041 or, if the information is reasonably 
  9.10  available, as provided by a similar statute from another state.  
  9.11  A sheriff must conduct a background check on a permit holder at 
  9.12  least yearly to ensure continuing eligibility.  A sheriff may 
  9.13  conduct additional background checks on a permit holder at 
  9.14  anytime during the period that a permit is in effect. 
  9.15     (b) When an application for a permit is filed under this 
  9.16  section, the sheriff must notify the chief of police, if any, of 
  9.17  the municipality where the applicant resides.  The police chief 
  9.18  may provide the sheriff with any information the chief deems 
  9.19  relevant to the issuance of the permit. 
  9.20     Sec. 10.  Minnesota Statutes 2000, section 624.714, 
  9.21  subdivision 6, is amended to read: 
  9.22     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
  9.23  PERMITS.] (a) The sheriff must, within 15 business days after 
  9.24  the date of receipt of the application packet described in 
  9.25  subdivision 3: 
  9.26     (1) issue the permit to carry; 
  9.27     (2) deny the application for a permit to carry solely on 
  9.28  the grounds that the applicant failed to qualify under the 
  9.29  criteria described in subdivision 2; or 
  9.30     (3) file and serve a petition under subdivision 12a. 
  9.31     (b) Failure of the chief police officer or the county 
  9.32  sheriff to deny the application or issue a permit to carry a 
  9.33  pistol notify the applicant of the denial of the application or 
  9.34  file a petition under subdivision 12a within 21 15 business days 
  9.35  of after the date of receipt of the application shall be deemed 
  9.36  to be a grant thereof. packet constitutes issuance of the permit 
 10.1   to carry and the sheriff must promptly fulfill the requirements 
 10.2   under paragraph (c).  To deny the application, the local police 
 10.3   authority shall sheriff must provide an the applicant with 
 10.4   written notification of a denial and the specific reason factual 
 10.5   basis for the denial and the source of the factual basis and 
 10.6   must inform the applicant of the applicant's right to submit, 
 10.7   within 20 business days, any additional documentation relating 
 10.8   to the propriety of the denial.  A chief of police or a sheriff 
 10.9   may charge a fee to cover the cost of conducting a background 
 10.10  check, not to exceed $10.  The permit shall specify the 
 10.11  activities for which it shall be valid.  Upon receiving any 
 10.12  additional documentation, the sheriff must reconsider the denial 
 10.13  and inform the applicant within 15 business days of the result 
 10.14  of the reconsideration.  Any denial after reconsideration must 
 10.15  be in the same form and substance as the original denial and 
 10.16  must specifically address any continued deficiencies in light of 
 10.17  the additional documentation submitted by the applicant.  The 
 10.18  applicant must be informed of the right to seek de novo review 
 10.19  of the denial as provided in subdivision 12. 
 10.20     (c) Upon issuing a permit to carry, the sheriff must 
 10.21  provide a provisional permit card to the applicant by first 
 10.22  class mail or personal delivery.  A provisional permit card must 
 10.23  clearly display a notice that a permit, if granted, is void and 
 10.24  must be immediately returned to the sheriff if the permit holder 
 10.25  becomes ineligible to possess a firearm under section 624.713.  
 10.26  The notice may list the applicable offenses.  Within two 
 10.27  business days, the sheriff must submit all necessary information 
 10.28  to the commissioner of public safety for the production of a 
 10.29  durable permit card. 
 10.30     (d) Notwithstanding paragraphs (a) to (c), the sheriff may 
 10.31  suspend the application process if a charge is pending against 
 10.32  the applicant that, if resulting in conviction, will disqualify 
 10.33  the applicant from possessing a firearm under section 624.713. 
 10.34     Sec. 11.  Minnesota Statutes 2000, section 624.714, 
 10.35  subdivision 7, is amended to read: 
 10.36     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
 11.1   Permits to carry a pistol issued pursuant to this section shall 
 11.2   expire after one year and shall thereafter be renewed in the 
 11.3   same manner and subject to the same provisions by which the 
 11.4   original permit was obtained, except that all renewed permits 
 11.5   must comply with the standards adopted by the commissioner of 
 11.6   public safety under section 624.7161. (a) Permits to carry must 
 11.7   be on an official, standardized permit card adopted by the 
 11.8   commissioner of public safety, containing only the following 
 11.9   information about the permit holder: 
 11.10     (1) the name, residence, and driver's license number or 
 11.11  nonqualification certificate number, if any; 
 11.12     (2) the sex, date of birth, height, weight, color of eyes 
 11.13  and hair, and distinguishing characteristics, if any; 
 11.14     (3) a recent color photograph or image of the permit 
 11.15  holder; and 
 11.16     (4) the permit holder's signature. 
 11.17     (b) The permit card must also state the expiration date of 
 11.18  the permit and must clearly display a notice that a permit, if 
 11.19  granted, is void and must be immediately returned to the sheriff 
 11.20  if the permit holder becomes ineligible to possess a firearm 
 11.21  under section 624.713. 
 11.22     (c) A permit to carry a pistol issued under this section 
 11.23  shall expire after three years and shall thereafter be renewed 
 11.24  in the same manner and under the same criteria which the 
 11.25  original permit was obtained, subject to the following 
 11.26  procedures: 
 11.27     (1) no earlier than 90 days prior to the expiration date on 
 11.28  the permit, the permit holder may renew the permit by submitting 
 11.29  to the sheriff the application packet described in subdivision 3 
 11.30  and a renewal processing fee not to exceed $15.  Of this amount, 
 11.31  $3 must be submitted to the commissioner of public safety and 
 11.32  deposited into the general fund.  The sheriff must process the 
 11.33  renewal application in accordance with subdivisions 4 and 6; and 
 11.34     (2) a permit holder who submits a renewal application 
 11.35  packet after the expiration date of the permit but within 30 
 11.36  days after expiration, may renew the permit as provided in 
 12.1   clause (1) by paying an additional late fee of $10. 
 12.2      (d) The renewal permit is effective beginning on the 
 12.3   expiration date of the prior permit to carry. 
 12.4      Sec. 12.  Minnesota Statutes 2000, section 624.714, is 
 12.5   amended by adding a subdivision to read: 
 12.6      Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
 12.7   PERMIT.] (a) Within 30 days after changing permanent address, or 
 12.8   within 30 days of having lost or destroyed the permit card, the 
 12.9   permit holder must notify the sheriff of the change, loss, or 
 12.10  destruction.  Failure to notify the sheriff as required by this 
 12.11  subdivision is a petty misdemeanor.  The fine for a first 
 12.12  offense must not exceed $25. 
 12.13     (b) After notice is given under paragraph (a), a permit 
 12.14  holder may obtain a replacement permit card by paying $15 to the 
 12.15  sheriff.  The request for a replacement permit card must be made 
 12.16  on an application adopted for this purpose under section 
 12.17  624.7151, and, except in the case of an address change, must 
 12.18  include a notarized statement that the permit card has been lost 
 12.19  or destroyed.  The sheriff must provide a provisional permit 
 12.20  card as provided under subdivision 6, paragraph (c). 
 12.21     Sec. 13.  Minnesota Statutes 2000, section 624.714, 
 12.22  subdivision 8, is amended to read: 
 12.23     Subd. 8.  [PERMIT TO CARRY VOIDED OR REVOKED.] (a) The 
 12.24  permit to carry shall be is void and must be revoked at the time 
 12.25  that the permit holder becomes prohibited from possessing 
 12.26  a pistol firearm under section 624.713, in which event the 
 12.27  holder shall must return the permit card to the sheriff within 
 12.28  five business days to the application authority after the holder 
 12.29  knows or should know that the holder is a prohibited person.  If 
 12.30  a permit is revoked under this subdivision, the sheriff must 
 12.31  give notice to the permit holder in writing in the same manner 
 12.32  as a denial.  Failure of the holder to return the permit within 
 12.33  the five days is a gross misdemeanor unless the court finds that 
 12.34  the circumstances or the physical or mental condition of the 
 12.35  permit holder prevented the holder from complying with the 
 12.36  return requirement. 
 13.1      (b) When a permit holder is convicted of an offense that 
 13.2   disqualifies the permit holder from possessing a firearm under 
 13.3   section 624.713, the court must revoke and take possession of 
 13.4   the permit. 
 13.5      Sec. 14.  Minnesota Statutes 2000, section 624.714, is 
 13.6   amended by adding a subdivision to read: 
 13.7      Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 13.8   charged with an offense that would disqualify the person from 
 13.9   possessing a firearm under section 624.713, the prosecuting 
 13.10  attorney must ascertain whether the person is a permit holder 
 13.11  under this section.  If the person is a permit holder, the 
 13.12  prosecutor must notify the sheriff that issued the permit that 
 13.13  the person has been charged with a disqualifying offense.  The 
 13.14  prosecutor must also notify the sheriff of the final disposition 
 13.15  of the case. 
 13.16     Sec. 15.  Minnesota Statutes 2000, section 624.714, 
 13.17  subdivision 10, is amended to read: 
 13.18     Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
 13.19  causes to be given any false material information in applying 
 13.20  for a permit to carry, knowing or having reason to know the 
 13.21  information is false, is guilty of a gross misdemeanor. 
 13.22     Sec. 16.  Minnesota Statutes 2000, section 624.714, is 
 13.23  amended by adding a subdivision to read: 
 13.24     Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
 13.25  issue an emergency permit to a person if the sheriff determines 
 13.26  that the person is in an emergency situation that may constitute 
 13.27  an immediate risk to the safety of the person or someone 
 13.28  residing in the person's household.  A person seeking an 
 13.29  emergency permit must complete an application form and must sign 
 13.30  an affidavit describing the emergency situation.  An emergency 
 13.31  permit applicant does not need to provide a photograph or 
 13.32  evidence of training.  An emergency permit is valid for 30 days, 
 13.33  may not be renewed, and may be revoked without a hearing.  No 
 13.34  fee may be charged for an emergency permit.  An emergency permit 
 13.35  holder may seek a regular permit under subdivision 3 and subject 
 13.36  to the other applicable provisions of this section. 
 14.1      Sec. 17.  Minnesota Statutes 2000, section 624.714, 
 14.2   subdivision 12, is amended to read: 
 14.3      Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] Any person 
 14.4   aggrieved by denial or revocation of a permit to carry may 
 14.5   appeal the denial by petition to the district court having 
 14.6   jurisdiction over in the county or municipality wherein the 
 14.7   notification or denial occurred where the application was 
 14.8   submitted.  The petition must list the sheriff as the 
 14.9   respondent.  The district court must hold a hearing at the 
 14.10  earliest practicable date and in any event no later than 60 days 
 14.11  following the filing of the petition for review.  The district 
 14.12  court may issue a writ of mandamus or other relief as the court 
 14.13  may deem appropriate.  A person granted relief under this 
 14.14  subdivision must be awarded reasonable costs and expenses 
 14.15  including attorney fees.  The matter shall must be heard de novo 
 14.16  without a jury. 
 14.17     Sec. 18.  Minnesota Statutes 2000, section 624.714, is 
 14.18  amended by adding a subdivision to read: 
 14.19     Subd. 12a.  [DENIAL OR SUSPENSION BY COURT ORDER.] (a) The 
 14.20  issuing sheriff or the police chief of the Minnesota 
 14.21  municipality where the applicant or permit holder resides may 
 14.22  file a petition with the district court seeking a court order 
 14.23  denying an application for or suspending a permit to carry.  The 
 14.24  petition must be filed in the county where the application was 
 14.25  made, together with proof of service of a copy on the applicant 
 14.26  or permit holder.  The court may not grant any relief before the 
 14.27  completion of the hearing.  If a petition is filed under this 
 14.28  subdivision, a sheriff must not issue a permit until the matter 
 14.29  is resolved by the district court. 
 14.30     (b) The court may grant the relief requested in the 
 14.31  petition only if the petitioner establishes, by clear and 
 14.32  convincing evidence, that there is a substantial likelihood that 
 14.33  the applicant will act under the permit in a manner dangerous to 
 14.34  the public.  The applicant's dangerousness to the public may be 
 14.35  established only after a showing that the applicant or permit 
 14.36  holder has engaged in a pattern of behavior within the past 
 15.1   three years involving verified, reported incidents of unlawful 
 15.2   violence, not including incidents for which the applicant was 
 15.3   charged and acquitted or for which the charges were dismissed. 
 15.4      (c) If the court denies a petition brought under paragraph 
 15.5   (a), the court must award the applicant or permit holder 
 15.6   reasonable costs and expenses including attorney fees.  
 15.7      Sec. 19.  Minnesota Statutes 2000, section 624.714, is 
 15.8   amended by adding a subdivision to read: 
 15.9      Subd. 12b.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 15.10  district court may order suspension of the application process 
 15.11  for a permit or suspend the permit of a permit holder as a 
 15.12  condition of release pursuant to the same criteria as the 
 15.13  surrender of firearms under section 629.715. 
 15.14     Sec. 20.  Minnesota Statutes 2000, section 624.714, is 
 15.15  amended by adding a subdivision to read: 
 15.16     Subd. 14.  [RECORDS.] (a) A sheriff must not maintain 
 15.17  records or data collected, made, or held under this section 
 15.18  concerning any applicant or permit holder that are not necessary 
 15.19  under this section to support a permit that is outstanding or 
 15.20  eligible for renewal under subdivision 7, paragraph (b).  
 15.21  Notwithstanding section 138.163, a sheriff must completely purge 
 15.22  all files and databases by March 1 of each year to delete all 
 15.23  information collected under this section concerning all persons 
 15.24  who are no longer current permit holders or currently eligible 
 15.25  to renew their permit. 
 15.26     (b) Paragraph (a) does not apply to records or data 
 15.27  concerning an applicant or permit holder who has had a permit 
 15.28  denied or revoked under subdivision 2, paragraph (a), clause 
 15.29  (1), or subdivision 12a. 
 15.30     Sec. 21.  Minnesota Statutes 2000, section 624.714, is 
 15.31  amended by adding a subdivision to read: 
 15.32     Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 15.33  DATABASE.] (a) The commissioner of public safety may contract 
 15.34  with one or more vendors to implement the requirements of this 
 15.35  section. 
 15.36     (b) The commissioner of public safety must maintain an 
 16.1   automated database of persons authorized to carry pistols under 
 16.2   this section that is available 24 hours a day, seven days a 
 16.3   week, to law enforcement agencies, including prosecutors 
 16.4   carrying out their duties under subdivision 8a, solely to verify 
 16.5   permit status. 
 16.6      Sec. 22.  Minnesota Statutes 2000, section 624.714, is 
 16.7   amended by adding a subdivision to read: 
 16.8      Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 16.9   The attorney general must establish and publish a list of other 
 16.10  states that have laws governing the issuance of permits to carry 
 16.11  pistols that are not substantially similar to this section.  A 
 16.12  person holding a concealed weapons license or permit from a 
 16.13  state not on the list may use the license or permit in this 
 16.14  state subject to the rights, privileges, and requirements of 
 16.15  this section. 
 16.16     (b) Notwithstanding paragraph (a), no license or permit 
 16.17  from another state is valid in this state if the holder is or 
 16.18  becomes prohibited from possessing a firearm under section 
 16.19  624.713. 
 16.20     (c) Any sheriff may file a petition under subdivision 12a 
 16.21  in any county in the state where a person holding a license or 
 16.22  permit from another state resides or can be found. 
 16.23     Sec. 23.  Minnesota Statutes 2000, section 624.714, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 17.  [IMMUNITY.] Neither the sheriff, any employee of 
 16.26  the sheriff involved in the permit issuing process, nor any 
 16.27  certified instructor is liable for damages resulting or arising 
 16.28  from acts with a firearm committed by a permit holder, unless 
 16.29  the sheriff or other person had actual knowledge at the time the 
 16.30  permit was issued or the instruction was given that the 
 16.31  applicant was disqualified by law from possessing a firearm. 
 16.32     Sec. 24.  Minnesota Statutes 2000, section 624.714, is 
 16.33  amended by adding a subdivision to read: 
 16.34     Subd. 18.  [MONITORING.] (a) By March 1 of each year, the 
 16.35  commissioner of public safety must report to the legislature on: 
 16.36     (1) the number of permits to carry issued, suspended, 
 17.1   revoked, and denied since the previous submission, and in total; 
 17.2      (2) the number of permits to carry currently valid; 
 17.3      (3) the specific reasons for each suspension, revocation, 
 17.4   and denial and the number of reversed, canceled, or corrected 
 17.5   actions; 
 17.6      (4) the number of convictions and types of crimes committed 
 17.7   since the previous submission, and in total, by individuals with 
 17.8   permits to carry, including data as to whether a firearm 
 17.9   lawfully carried solely by virtue of a permit to carry was 
 17.10  actually used in furtherance of the crime; and 
 17.11     (5) to the extent known or determinable, data on the lawful 
 17.12  and justifiable use of firearms by permit holders.  
 17.13     (b) Sheriffs must supply the department of public safety 
 17.14  with the basic data the department requires to complete the 
 17.15  report under paragraph (a).  Sheriffs may submit data classified 
 17.16  as private to the department of public safety under this 
 17.17  paragraph. 
 17.18     (c) Copies of the report under paragraph (a) must be made 
 17.19  available to the public at the actual cost of duplication. 
 17.20     (d) Nothing contained in any provision of this section or 
 17.21  any other law requires or authorizes the registration, 
 17.22  documentation, collection, or providing of serial numbers or 
 17.23  other data on firearms or on firearms owners. 
 17.24     Sec. 25.  Minnesota Statutes 2000, section 624.714, is 
 17.25  amended by adding a subdivision to read: 
 17.26     Subd. 19.  [EXCLUSIVITY.] This section sets forth the 
 17.27  complete and exclusive criteria and procedures for the issuance 
 17.28  of permits to carry and no sheriff or other person may change, 
 17.29  modify, or supplement these criteria or procedures. 
 17.30     Sec. 26.  [APPROPRIATION.] 
 17.31     $1,618,000 for the fiscal year ending June 30, 2002, and 
 17.32  $308,000 for the fiscal year ending June 30, 2003, is 
 17.33  appropriated from the general fund to the commissioner of public 
 17.34  safety to implement the provisions of this act. 
 17.35     Sec. 27.  [TEMPORARY EXTENSION ON SHERIFF'S TURNAROUND 
 17.36  TIME.] 
 18.1      Notwithstanding section 10, until March 1, 2002:  (1) a 
 18.2   sheriff has five business days to send information relating to a 
 18.3   background check required under section 9 for a new or renewal 
 18.4   permit to the commissioner of public safety; and (2) the 
 18.5   sheriff's 15 business day turnaround period under section 10 is 
 18.6   stayed until the commissioner of public safety responds to the 
 18.7   sheriff with the results of the background check. 
 18.8      Sec. 28.  [GRANDFATHER CLAUSE.] 
 18.9      Permits to carry pistols issued prior to the effective date 
 18.10  of this act remain in effect and are valid under the terms of 
 18.11  issuance until the date of expiration applicable at the time of 
 18.12  issuance.  However, a person holding a permit that was issued 
 18.13  prior to the effective date of this act may nevertheless apply 
 18.14  for a permit under the terms and conditions of this act. 
 18.15     Sec. 29.  [REPEALER.] 
 18.16     Minnesota Statutes 2000, section 624.714, subdivisions 1 
 18.17  and 5, are repealed. 
 18.18     Sec. 30.  [EFFECTIVE DATE.] 
 18.19     This act is effective August 1, 2001, and applies to crimes 
 18.20  committed on or after that date, except that the attorney 
 18.21  general must promulgate the list required under section 22 
 18.22  within 90 days of final enactment.