HF 2441

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 11:21am

A bill for an act
relating to public safety; modifying firearm transferee permit hearing; amending
Minnesota Statutes 2018, section 624.7131, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 624.7131, subdivision 8, is amended to read:

Subd. 8.

Hearing upon denial.

deleted text begin Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred. deleted text end new text begin (a) Any person aggrieved by denial, revocation, or failure to
timely issue a tranferee permit may appeal by petition to the district court with jurisdiction
over the county or municipality where the application was submitted. The petition must list
the chief of police or sheriff, as appropriate, as the respondent.
new text end

new text begin (b) The district court must hold a hearing at the earliest practicable date and in any event
no later than 14 days following the filing of the petition for review. The court may not grant
or deny relief before completion of the hearing. The record of the hearing must be sealed.
The matter must be heard de novo without a jury.
new text end

new text begin (c) The court must issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the chief of police or sheriff
establishes by clear and convincing evidence that the applicant is disqualified under the
criteria described in subdivision 4.
new text end

new text begin (d) If the court grants a petition under paragraph (b), the court must award the applicant
reasonable costs and expenses including attorney fees.
new text end