HF 261

1st Engrossment - 83rd Legislature (2003 - 2004) 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 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 609.66, subdivision 1d; 
  1.12            624.712, by adding a subdivision; 624.714, 
  1.13            subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding 
  1.14            subdivisions; proposing coding for new law in 
  1.15            Minnesota Statutes, chapter 624; repealing Minnesota 
  1.16            Statutes 2002, section 624.714, subdivisions 1, 5. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 609.66, 
  1.19  subdivision 1d, is amended to read: 
  1.20     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY; 
  1.21  PENALTY.] (a) Except as provided under paragraph (c), whoever 
  1.22  possesses, stores, or keeps a dangerous weapon or uses or 
  1.23  brandishes a replica firearm or a BB gun while knowingly on 
  1.24  school property is guilty of a felony and may be sentenced to 
  1.25  imprisonment for not more than two years or to payment of a fine 
  1.26  of not more than $5,000, or both. 
  1.27     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.28  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.29     (c) Notwithstanding paragraph (e), clause (2), it is a 
  1.30  petty misdemeanor for a person authorized to carry a pistol 
  1.31  under section 624.714 to do so in a building that the person 
  2.1   knows is school property unless the person is in the process of 
  2.2   dropping off or picking up a child.  Notwithstanding section 
  2.3   609.531, a firearm carried in violation of this paragraph is not 
  2.4   subject to forfeiture. 
  2.5      (d) As used in this subdivision: 
  2.6      (1) "BB gun" means a device that fires or ejects a shot 
  2.7   measuring .18 of an inch or less in diameter; 
  2.8      (2) "dangerous weapon" has the meaning given it in section 
  2.9   609.02, subdivision 6; 
  2.10     (3) "replica firearm" has the meaning given it in section 
  2.11  609.713; and 
  2.12     (4) "school property" means: 
  2.13     (i) a public or private elementary, middle, or secondary 
  2.14  school building and its improved grounds or a child care center 
  2.15  licensed under chapter 245A, whether leased or owned by the 
  2.16  school, occupied by educational facilities; and 
  2.17     (ii) the area within a school bus when that bus is being 
  2.18  used by a school to transport one or more elementary, middle, or 
  2.19  secondary school students for educational purposes. 
  2.20     (d) (e) This subdivision does not apply to: 
  2.21     (1) licensed peace officers, military personnel, or 
  2.22  students participating in military training, who are performing 
  2.23  official duties; 
  2.24     (2) persons who carry pistols according to the terms of a 
  2.25  permit authorized to carry a pistol under section 624.714; 
  2.26     (3) persons who keep or store in a motor vehicle pistols in 
  2.27  accordance with sections section 624.714 and or 624.715 or other 
  2.28  firearms in accordance with section 97B.045; 
  2.29     (4) firearm safety or marksmanship courses or activities 
  2.30  conducted on school property; 
  2.31     (5) possession of dangerous weapons, BB guns, or replica 
  2.32  firearms by a ceremonial color guard; 
  2.33     (6) a gun or knife show held on school property; or 
  2.34     (7) possession of dangerous weapons, BB guns, or replica 
  2.35  firearms with written permission of the principal or director of 
  2.36  a child care center. 
  3.1      Sec. 2.  Minnesota Statutes 2002, section 624.712, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 11.  [COMMISSIONER.] "Commissioner" means the 
  3.4   commissioner of public safety. 
  3.5      Sec. 3.  Minnesota Statutes 2002, section 624.714, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 1a.  [PERMIT REQUIRED; PENALTY.] A person, other than 
  3.8   a peace officer, as defined in section 626.84, subdivision 1, 
  3.9   who carries, holds, or possesses a pistol in a motor vehicle, 
  3.10  snowmobile, or boat, or on or about the person's clothes or the 
  3.11  person, or otherwise in possession or control in a public place, 
  3.12  as defined in section 624.7181, subdivision 1, paragraph (c), 
  3.13  without first having obtained a permit to carry the pistol is 
  3.14  guilty of a gross misdemeanor.  A person who is convicted a 
  3.15  second or subsequent time is guilty of a felony. 
  3.16     Sec. 4.  Minnesota Statutes 2002, section 624.714, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 1b.  [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 
  3.19  a permit to carry must have the permit card and a driver's 
  3.20  license, state identification card, or other government issued 
  3.21  photo-identification in immediate possession at all times when 
  3.22  carrying a pistol and must display the permit card and 
  3.23  identification document upon lawful demand by a peace officer, 
  3.24  as defined in section 626.84, subdivision 1.  A violation of 
  3.25  this paragraph is a petty misdemeanor.  The fine for a first 
  3.26  offense must not exceed $25.  Notwithstanding section 609.531, a 
  3.27  firearm carried in violation of this paragraph is not subject to 
  3.28  forfeiture. 
  3.29     (b) A citation issued for violating paragraph (a) must be 
  3.30  dismissed if the person demonstrates, in court or in the office 
  3.31  of the arresting officer, that the person was authorized to 
  3.32  carry the pistol at the time of the alleged violation. 
  3.33     (c) Upon the request of a peace officer, a permit holder 
  3.34  must write a sample signature in the officer's presence to aid 
  3.35  in verifying the person's identity. 
  3.36     Sec. 5.  Minnesota Statutes 2002, section 624.714, 
  4.1   subdivision 2, is amended to read: 
  4.2      Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
  4.3   PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
  4.4   residents for permits to carry shall be made to the chief of 
  4.5   police of an organized full-time police department of the 
  4.6   municipality where the applicant resides or to the county 
  4.7   sheriff where there is no such local chief of police where the 
  4.8   applicant resides.  At the time of application, the local police 
  4.9   authority shall provide the applicant with a dated receipt for 
  4.10  the application. Nonresidents, as defined in section 171.01, 
  4.11  subdivision 42, may apply to any sheriff. 
  4.12     (b) A sheriff must issue a permit to an applicant if the 
  4.13  person: 
  4.14     (1) has training in the safe use of a pistol; 
  4.15     (2) is at least 21 years old and a citizen or a permanent 
  4.16  resident of the United States; 
  4.17     (3) completes an application for a permit; and 
  4.18     (4) is not prohibited from possessing a firearm under the 
  4.19  following sections: 
  4.20     (i) 518B.01, subdivision 14; 
  4.21     (ii) 609.224, subdivision 3; 
  4.22     (iii) 609.2242, subdivision 3; 
  4.23     (iv) 609.749, subdivision 8; 
  4.24     (v) 624.713; 
  4.25     (vi) 624.719; 
  4.26     (vii) 629.715, subdivision 2; or 
  4.27     (viii) 629.72, subdivision 2. 
  4.28     (c) A permit to carry a pistol issued or recognized under 
  4.29  this section is a state permit and is effective in all public 
  4.30  places throughout the state. 
  4.31     (d) A sheriff may contract with a police chief to process 
  4.32  permit applications under this section.  If a sheriff contracts 
  4.33  with a police chief, the sheriff remains the issuing authority 
  4.34  and the police chief acts as the sheriff's agent.  If a sheriff 
  4.35  contracts with a police chief, all of the provisions of this 
  4.36  section will apply. 
  5.1      Sec. 6.  Minnesota Statutes 2002, section 624.714, is 
  5.2   amended by adding a subdivision to read: 
  5.3      Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  5.4   applicant must present evidence that the applicant received 
  5.5   training in the safe use of a pistol within four years of the 
  5.6   date of an original or renewal application.  Training may be 
  5.7   demonstrated by: 
  5.8      (1) licensure as a peace officer in the state of Minnesota; 
  5.9   or 
  5.10     (2) completion of a firearms safety or training course 
  5.11  providing basic training in the safe use of a pistol and 
  5.12  conducted by a certified instructor. 
  5.13     (b) Basic training must include: 
  5.14     (1) instruction in the fundamentals of pistol use; 
  5.15     (2) successful completion of an actual shooting 
  5.16  qualification exercise prescribed by a certified instructor's 
  5.17  sponsoring agency or organization; and 
  5.18     (3) instruction in the fundamental legal aspects of pistol 
  5.19  possession, carry, and use, including self-defense and the 
  5.20  restrictions on the use of deadly force. 
  5.21     (c) A person qualifies as a certified instructor if the 
  5.22  person is certified as a firearms instructor within the past 
  5.23  four years by: 
  5.24     (1) the American Society of Law Enforcement Trainers; 
  5.25     (2) the Minnesota Association of Law Enforcement Firearms 
  5.26  Instructors; 
  5.27     (3) the National Rifle Association; 
  5.28     (4) the American Association of Certified Firearms 
  5.29  Instructors; 
  5.30     (5) the peace officer standards and training board of this 
  5.31  state or a similar agency of another state; 
  5.32     (6) the department of natural resources of this state or a 
  5.33  similar agency of another state; or 
  5.34     (7) the department of public safety of this state or a 
  5.35  similar agency of another state. 
  5.36     (d) A sheriff must accept the training described in this 
  6.1   subdivision as meeting the requirement in subdivision 2, 
  6.2   paragraph (b), for training in the safe use of a pistol.  A 
  6.3   sheriff may also accept other satisfactory evidence of training 
  6.4   in the safe use of a pistol. 
  6.5      Sec. 7.  Minnesota Statutes 2002, section 624.714, 
  6.6   subdivision 3, is amended to read: 
  6.7      Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  6.8   Applications for permits to carry shall must be an official, 
  6.9   standardized application form, adopted under section 624.7151, 
  6.10  and must set forth in writing only the following information: 
  6.11     (1) the applicant's name, residence, telephone number, if 
  6.12  any, and driver's license number or nonqualification certificate 
  6.13  number, if any, of the applicant or state identification card 
  6.14  number; 
  6.15     (2) the applicant's sex, date of birth, height, weight, and 
  6.16  color of eyes and hair, and distinguishing physical 
  6.17  characteristics, if any, of the applicant; 
  6.18     (3) all states of residence of the applicant in the last 
  6.19  ten years, though not including specific addresses; 
  6.20     (4) a statement that the applicant authorizes the release 
  6.21  to the local police authority sheriff of commitment information 
  6.22  about the applicant maintained by the commissioner of human 
  6.23  services or any similar agency or department of another state 
  6.24  where the applicant has resided, to the extent that the 
  6.25  information relates to the applicant's eligibility to possess 
  6.26  a pistol or semiautomatic military-style assault weapon under 
  6.27  section 624.713, subdivision 1 firearm; and 
  6.28     (4) (5) a statement by the applicant that, to the best of 
  6.29  the applicant's knowledge and belief, the applicant is not 
  6.30  prohibited by section 624.713 from possessing a pistol or 
  6.31  semiautomatic military-style assault weapon; and law from 
  6.32  possessing a firearm. 
  6.33     (5) a recent color photograph of the applicant. 
  6.34  The application shall be signed and dated by the 
  6.35  applicant.  (b) The statement under paragraph (a), clause 
  6.36  (3) (4), must comply with any applicable requirements of Code of 
  7.1   Federal Regulations, title 42, sections 2.31 to 2.35, with 
  7.2   respect to consent to disclosure of alcohol or drug abuse 
  7.3   patient records. 
  7.4      (c) An applicant must submit to the sheriff an application 
  7.5   packet consisting only of the following items: 
  7.6      (1) a completed application form, signed and dated by the 
  7.7   applicant; 
  7.8      (2) an accurate photocopy of a certificate, affidavit, or 
  7.9   other document that is submitted as the applicant's evidence of 
  7.10  training in the safe use of a pistol; and 
  7.11     (3) an accurate photocopy of the applicant's current 
  7.12  driver's license, state identification card, or the photo page 
  7.13  of the applicant's passport. 
  7.14     (d) Applications must be submitted in person. 
  7.15     (e) The sheriff may charge a new application processing fee 
  7.16  in an amount not to exceed the actual and reasonable direct cost 
  7.17  of processing the application or $40, whichever is less.  Of 
  7.18  this amount, $10 must be submitted to the commissioner of public 
  7.19  safety and deposited into the general fund. 
  7.20     (f) This subdivision prescribes the complete and exclusive 
  7.21  set of items an applicant is required to submit in order to 
  7.22  apply for a new or renewal permit to carry.  The applicant must 
  7.23  not be asked or required to submit, voluntarily or 
  7.24  involuntarily, any information, fees, or documentation beyond 
  7.25  that specifically required by this subdivision.  This paragraph 
  7.26  does not apply to alternate training evidence accepted by the 
  7.27  sheriff under subdivision 2a, paragraph (d). 
  7.28     (g) Forms for new and renewal applications must be 
  7.29  available at all sheriffs' offices and the commissioner of 
  7.30  public safety must make the forms available on the Internet. 
  7.31     (h) Application forms must clearly display a notice that a 
  7.32  permit, if granted, is void and must be immediately returned to 
  7.33  the sheriff if the permit holder is or becomes prohibited by law 
  7.34  from possessing a firearm.  The notice must list the applicable 
  7.35  state criminal offenses and civil categories that prohibit a 
  7.36  person from possessing a firearm. 
  8.1      (i) Upon receipt of an application packet and any required 
  8.2   fee, the sheriff must provide a signed receipt indicating the 
  8.3   date of submission. 
  8.4      Sec. 8.  Minnesota Statutes 2002, section 624.714, 
  8.5   subdivision 4, is amended to read: 
  8.6      Subd. 4.  [INVESTIGATION.] (a) The application authority 
  8.7   shall sheriff must check, by means of electronic data transfer, 
  8.8   criminal records, histories, and warrant information on each 
  8.9   applicant through the Minnesota Crime Information System.  The 
  8.10  chief of police or sheriff shall and, to the extent necessary, 
  8.11  the National Instant Check System.  The sheriff shall also make 
  8.12  a reasonable effort to check other available and relevant 
  8.13  federal, state, or local record keeping systems.  The sheriff 
  8.14  must obtain commitment information from the commissioner of 
  8.15  human services as provided in section 245.041 or, if the 
  8.16  information is reasonably available, as provided by a similar 
  8.17  statute from another state. 
  8.18     (b) When an application for a permit is filed under this 
  8.19  section, the sheriff must notify the chief of police, if any, of 
  8.20  the municipality where the applicant resides.  The police chief 
  8.21  may provide the sheriff with any information relevant to the 
  8.22  issuance of the permit. 
  8.23     (c) The sheriff must conduct a background check by means of 
  8.24  electronic data transfer on a permit holder through the 
  8.25  Minnesota Crime Information System and, to the extent necessary, 
  8.26  the National Instant Check System at least yearly to ensure 
  8.27  continuing eligibility.  The sheriff may conduct additional 
  8.28  background checks by means of electronic data transfer on a 
  8.29  permit holder at any time during the period that a permit is in 
  8.30  effect. 
  8.31     Sec. 9.  Minnesota Statutes 2002, section 624.714, 
  8.32  subdivision 6, is amended to read: 
  8.33     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
  8.34  PERMITS.] (a) The sheriff must, within 15 business days after 
  8.35  the date of receipt of the application packet described in 
  8.36  subdivision 3: 
  9.1      (1) issue the permit to carry; 
  9.2      (2) deny the application for a permit to carry solely on 
  9.3   the grounds that the applicant failed to qualify under the 
  9.4   criteria described in subdivision 2, paragraph (b); or 
  9.5      (3) deny the application on the grounds that there exists a 
  9.6   substantial likelihood that the applicant is dangerous to the 
  9.7   public if authorized to carry a pistol under a permit. 
  9.8      (b) Failure of the chief police officer or the county 
  9.9   sheriff to deny the application or issue a permit to carry a 
  9.10  pistol notify the applicant of the denial of the application 
  9.11  within 21 15 business days of after the date of receipt of the 
  9.12  application shall be deemed to be a grant thereof. packet 
  9.13  constitutes issuance of the permit to carry and the sheriff must 
  9.14  promptly fulfill the requirements under paragraph (c).  To deny 
  9.15  the application, the local police authority shall sheriff must 
  9.16  provide an the applicant with written notification of a denial 
  9.17  and the specific reason for factual basis justifying the denial 
  9.18  under paragraph (a), clause (2) or (3), including the source of 
  9.19  the factual basis.  The sheriff must inform the applicant of the 
  9.20  applicant's right to submit, within 20 business days, any 
  9.21  additional documentation relating to the propriety of the denial.
  9.22  A chief of police or a sheriff may charge a fee to cover the 
  9.23  cost of conducting a background check, not to exceed $10.  The 
  9.24  permit shall specify the activities for which it shall be valid. 
  9.25  Upon receiving any additional documentation, the sheriff must 
  9.26  reconsider the denial and inform the applicant within 15 
  9.27  business days of the result of the reconsideration.  Any denial 
  9.28  after reconsideration must be in the same form and substance as 
  9.29  the original denial and must specifically address any continued 
  9.30  deficiencies in light of the additional documentation submitted 
  9.31  by the applicant.  The applicant must be informed of the right 
  9.32  to seek de novo review of the denial as provided in subdivision 
  9.33  12. 
  9.34     (c) Upon issuing a permit to carry, the sheriff must 
  9.35  provide a laminated permit card to the applicant by first class 
  9.36  mail unless personal delivery has been made.  Within five 
 10.1   business days, the sheriff must submit the information specified 
 10.2   in subdivision 7, paragraph (a), to the commissioner of public 
 10.3   safety for inclusion solely in the database required under 
 10.4   subdivision 15, paragraph (a). 
 10.5      (d) Within five business days of learning that a permit to 
 10.6   carry has been suspended or revoked, the sheriff must submit 
 10.7   information to the commissioner of public safety regarding the 
 10.8   suspension or revocation for inclusion solely in the databases 
 10.9   required or permitted under subdivision 15. 
 10.10     (e) Notwithstanding paragraphs (a) to (c), the sheriff may 
 10.11  suspend the application process if a charge is pending against 
 10.12  the applicant that, if resulting in conviction, will prohibit 
 10.13  the applicant from possessing a firearm. 
 10.14     Sec. 10.  Minnesota Statutes 2002, section 624.714, 
 10.15  subdivision 7, is amended to read: 
 10.16     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
 10.17  Permits to carry a pistol issued pursuant to this section shall 
 10.18  expire after one year and shall thereafter be renewed in the 
 10.19  same manner and subject to the same provisions by which the 
 10.20  original permit was obtained, except that all renewed permits 
 10.21  must comply with the standards adopted by the commissioner of 
 10.22  public safety under section 624.7161. (a) Permits to carry must 
 10.23  be on an official, standardized permit card adopted by the 
 10.24  commissioner of public safety, containing only the name, 
 10.25  residence, and driver's license number or state identification 
 10.26  card number of the permit holder, if any. 
 10.27     (b) The permit card must also identify the issuing sheriff 
 10.28  and state the expiration date of the permit.  The permit card 
 10.29  must clearly display a notice that a permit, if granted, is void 
 10.30  and must be immediately returned to the sheriff if the permit 
 10.31  holder becomes prohibited by law from possessing a firearm.  
 10.32     (c) A permit to carry a pistol issued under this section 
 10.33  expires four years after the date of issue.  It may be renewed 
 10.34  in the same manner and under the same criteria which the 
 10.35  original permit was obtained, subject to the following 
 10.36  procedures: 
 11.1      (1) no earlier than 90 days prior to the expiration date on 
 11.2   the permit, the permit holder may renew the permit by submitting 
 11.3   to the appropriate sheriff the application packet described in 
 11.4   subdivision 3 and a renewal processing fee not to exceed the 
 11.5   actual and reasonable direct cost of processing the application 
 11.6   or $30, whichever is less.  Of this amount, $5 must be submitted 
 11.7   to the commissioner of public safety and deposited into the 
 11.8   general fund.  The sheriff must process the renewal application 
 11.9   in accordance with subdivisions 4 and 6; and 
 11.10     (2) a permit holder who submits a renewal application 
 11.11  packet after the expiration date of the permit, but within 30 
 11.12  days after expiration, may renew the permit as provided in 
 11.13  clause (1) by paying an additional late fee of $10. 
 11.14     (d) The renewal permit is effective beginning on the 
 11.15  expiration date of the prior permit to carry. 
 11.16     Sec. 11.  Minnesota Statutes 2002, section 624.714, is 
 11.17  amended by adding a subdivision to read: 
 11.18     Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
 11.19  PERMIT.] (a) Within 30 days after changing permanent address, or 
 11.20  within 30 days of having lost or destroyed the permit card, the 
 11.21  permit holder must notify the issuing sheriff of the change, 
 11.22  loss, or destruction.  Failure to provide notification as 
 11.23  required by this subdivision is a petty misdemeanor.  The fine 
 11.24  for a first offense must not exceed $25.  Notwithstanding 
 11.25  section 609.531, a firearm carried in violation of this 
 11.26  paragraph is not subject to forfeiture. 
 11.27     (b) After notice is given under paragraph (a), a permit 
 11.28  holder may obtain a replacement permit card by paying $10 to the 
 11.29  sheriff.  The request for a replacement permit card must be made 
 11.30  on an official, standardized application adopted for this 
 11.31  purpose under section 624.7151, and, except in the case of an 
 11.32  address change, must include a notarized statement that the 
 11.33  permit card has been lost or destroyed. 
 11.34     Sec. 12.  Minnesota Statutes 2002, section 624.714, 
 11.35  subdivision 8, is amended to read: 
 11.36     Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
 12.1   shall be is void and must be revoked at the time that the holder 
 12.2   becomes prohibited by law from possessing a pistol under section 
 12.3   624.713 firearm, in which event the holder shall must return the 
 12.4   permit card to the issuing sheriff within five business days to 
 12.5   the application authority after the holder knows or should know 
 12.6   that the holder is a prohibited person.  If a permit is revoked 
 12.7   under this subdivision, the sheriff must give notice to the 
 12.8   permit holder in writing in the same manner as a denial.  
 12.9   Failure of the holder to return the permit within the five days 
 12.10  is a gross misdemeanor unless the court finds that the 
 12.11  circumstances or the physical or mental condition of the permit 
 12.12  holder prevented the holder from complying with the return 
 12.13  requirement. 
 12.14     (b) When a permit holder is convicted of an offense that 
 12.15  prohibits the permit holder from possessing a firearm, the court 
 12.16  must revoke the permit and, if it is available, take possession 
 12.17  of it and send it to the issuing sheriff. 
 12.18     (c) The sheriff of the county where the application was 
 12.19  submitted, or of the county of the permit holder's current 
 12.20  residence, may file a petition with the district court therein, 
 12.21  for an order revoking a permit to carry on the grounds set forth 
 12.22  in subdivision 6, paragraph (a), clause (3).  An order shall be 
 12.23  issued only if the sheriff meets the burden of proof and 
 12.24  criteria set forth in subdivision 12.  If the court denies the 
 12.25  petition, the court must award the permit holder reasonable 
 12.26  costs and expenses, including attorney fees. 
 12.27     (d) A permit revocation must be promptly reported to the 
 12.28  issuing sheriff. 
 12.29     Sec. 13.  Minnesota Statutes 2002, section 624.714, is 
 12.30  amended by adding a subdivision to read: 
 12.31     Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 12.32  charged with an offense that would, upon conviction, prohibit 
 12.33  the person from possessing a firearm, the prosecuting attorney 
 12.34  must ascertain whether the person is a permit holder under this 
 12.35  section.  If the person is a permit holder, the prosecutor must 
 12.36  notify the issuing sheriff that the person has been charged with 
 13.1   a prohibiting offense.  The prosecutor must also notify the 
 13.2   sheriff of the final disposition of the case. 
 13.3      Sec. 14.  Minnesota Statutes 2002, section 624.714, 
 13.4   subdivision 10, is amended to read: 
 13.5      Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
 13.6   causes to be given any false material information in applying 
 13.7   for a permit to carry, knowing or having reason to know the 
 13.8   information is false, is guilty of a gross misdemeanor. 
 13.9      Sec. 15.  Minnesota Statutes 2002, section 624.714, is 
 13.10  amended by adding a subdivision to read: 
 13.11     Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
 13.12  immediately issue an emergency permit to a person if the sheriff 
 13.13  determines that the person is in an emergency situation that may 
 13.14  constitute an immediate risk to the safety of the person or 
 13.15  someone residing in the person's household.  A person seeking an 
 13.16  emergency permit must complete an application form and must sign 
 13.17  an affidavit describing the emergency situation.  An emergency 
 13.18  permit applicant does not need to provide evidence of training.  
 13.19  An emergency permit is valid for 30 days, may not be renewed, 
 13.20  and may be revoked without a hearing.  No fee may be charged for 
 13.21  an emergency permit.  An emergency permit holder may seek a 
 13.22  regular permit under subdivision 3 and is subject to the other 
 13.23  applicable provisions of this section. 
 13.24     Sec. 16.  Minnesota Statutes 2002, section 624.714, 
 13.25  subdivision 12, is amended to read: 
 13.26     Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] (a) Any 
 13.27  person aggrieved by denial or revocation of a permit to carry 
 13.28  may appeal the denial by petition to the district court having 
 13.29  jurisdiction over the county or municipality wherein the 
 13.30  notification or denial occurred where the application was 
 13.31  submitted.  The petition must list the sheriff as the 
 13.32  respondent.  The district court must hold a hearing at the 
 13.33  earliest practicable date and in any event no later than 60 days 
 13.34  following the filing of the petition for review.  The court may 
 13.35  not grant or deny any relief before the completion of the 
 13.36  hearing.  The record of the hearing must be sealed.  The matter 
 14.1   shall must be heard de novo without a jury. 
 14.2      (b) The court must issue its writ of mandamus directing 
 14.3   that the permit be issued and order other appropriate relief 
 14.4   unless the sheriff establishes by clear and convincing evidence 
 14.5   (1) that the applicant is disqualified under the criteria 
 14.6   described in subdivision 2, paragraph (b), or (2) that there 
 14.7   exists a substantial likelihood that the applicant is dangerous 
 14.8   to the public if authorized to carry a pistol under a permit. 
 14.9      (c) The applicant's dangerousness to the public under 
 14.10  paragraph (b), clause (2), may only be established by the 
 14.11  applicant's criminal or noncriminal history, within the past 
 14.12  three years, involving: 
 14.13     (1) behavioral incidents of violence that were 
 14.14  contemporaneously investigated and documented, not including 
 14.15  incidents for which the applicant was charged and acquitted; 
 14.16     (2) a condition of mental impairment.  For purposes of this 
 14.17  paragraph, "mental impairment" means a "mentally ill person," 
 14.18  "mentally retarded person," or "a person mentally ill and 
 14.19  dangerous to the public" as those terms are defined in section 
 14.20  253B.02; or 
 14.21     (3) being listed on the criminal gang investigative data 
 14.22  system under section 299C.091. 
 14.23     (d) If an applicant is denied a permit on the grounds of 
 14.24  being dangerous to the public under paragraph (c), clause (3), 
 14.25  the person may challenge the denial, after disclosure under 
 14.26  court supervision of the reason for that listing, based on 
 14.27  grounds that the person: 
 14.28     (1) was erroneously identified as a person in the data 
 14.29  system; 
 14.30     (2) was improperly included in the data system according to 
 14.31  the criteria outlined in section 299C.091, subdivision 2, 
 14.32  paragraph (b); or 
 14.33     (3) has demonstrably withdrawn from the activities and 
 14.34  associations that led to inclusion in the data system. 
 14.35     (e) If the court grants a petition brought under paragraph 
 14.36  (a), the court must award the applicant or permit holder 
 15.1   reasonable costs and expenses including attorney fees. 
 15.2      Sec. 17.  Minnesota Statutes 2002, section 624.714, is 
 15.3   amended by adding a subdivision to read: 
 15.4      Subd. 12a.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 15.5   district court may order suspension of the application process 
 15.6   for a permit or suspend the permit of a permit holder as a 
 15.7   condition of release pursuant to the same criteria as the 
 15.8   surrender of firearms under section 629.715.  A permit 
 15.9   suspension must be promptly reported to the issuing sheriff.  If 
 15.10  the permit holder has an out-of-state permit recognized under 
 15.11  subdivision 16, the court must promptly report the suspension to 
 15.12  the commissioner of public safety for inclusion solely in the 
 15.13  database under subdivision 15, paragraph (a). 
 15.14     Sec. 18.  Minnesota Statutes 2002, 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, sheriffs 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 the criteria established in subdivision 
 15.29  2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 
 15.30  clause (3), for a period of six years from the date of the 
 15.31  denial or revocation. 
 15.32     Sec. 19.  Minnesota Statutes 2002, section 624.714, is 
 15.33  amended by adding a subdivision to read: 
 15.34     Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 15.35  DATABASE.] (a) The commissioner of public safety must maintain 
 15.36  an automated database of persons authorized to carry pistols 
 16.1   under this section that is available 24 hours a day, seven days 
 16.2   a week, to law enforcement agencies, including prosecutors 
 16.3   carrying out their duties under subdivision 8a, solely to verify 
 16.4   the validity of a permit. 
 16.5      (b) The commissioner of public safety may maintain a 
 16.6   separate automated database of denied applications for permits 
 16.7   to carry and of revoked permits that is available only to 
 16.8   sheriffs performing their duties under this section containing 
 16.9   the date of, the statutory basis for, and the initiating agency 
 16.10  for any permit application denied or permit revoked for a period 
 16.11  of six years from the date of the denial or revocation. 
 16.12     (c) The commissioner of public safety may contract with one 
 16.13  or more vendors to implement the commissioner's duties under 
 16.14  this section. 
 16.15     Sec. 20.  Minnesota Statutes 2002, section 624.714, is 
 16.16  amended by adding a subdivision to read: 
 16.17     Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 16.18  The commissioner of public safety must annually establish and 
 16.19  publish a list of other states that have laws governing the 
 16.20  issuance of permits to carry weapons that are not substantially 
 16.21  similar to this section.  The list must be available on the 
 16.22  Internet.  A person holding a carry permit from a state not on 
 16.23  the list may use the license or permit in this state subject to 
 16.24  the rights, privileges, and requirements of this section. 
 16.25     (b) Notwithstanding paragraph (a), no license or permit 
 16.26  from another state is valid in this state if the holder is or 
 16.27  becomes prohibited by law from possessing a firearm. 
 16.28     (c) Any sheriff or police chief may file a petition under 
 16.29  subdivision 12 seeking an order suspending or revoking an 
 16.30  out-of-state permit holder's authority to carry a pistol in this 
 16.31  state on the grounds set forth in subdivision 6, paragraph (a), 
 16.32  clause (3).  An order shall only be issued if the petitioner 
 16.33  meets the burden of proof and criteria set forth in subdivision 
 16.34  12.  If the court denies the petition, the court must award the 
 16.35  permit holder reasonable costs and expenses including attorney 
 16.36  fees.  The petition may be filed in any county in the state 
 17.1   where a person holding a license or permit from another state 
 17.2   can be found. 
 17.3      (d) The commissioner of public safety must, when necessary, 
 17.4   execute reciprocity agreements regarding carry permits with 
 17.5   jurisdictions whose carry permits are recognized under paragraph 
 17.6   (c). 
 17.7      Sec. 21.  Minnesota Statutes 2002, section 624.714, is 
 17.8   amended by adding a subdivision to read: 
 17.9      Subd. 17.  [IMMUNITY.] Neither a sheriff, police chief, any 
 17.10  employee of a sheriff or police chief involved in the permit 
 17.11  issuing process, nor any certified instructor is liable for 
 17.12  damages resulting or arising from acts with a firearm committed 
 17.13  by a permit holder, unless the person had actual knowledge at 
 17.14  the time the permit was issued or the instruction was given that 
 17.15  the applicant was prohibited by law from possessing a firearm. 
 17.16     Sec. 22.  Minnesota Statutes 2002, section 624.714, is 
 17.17  amended by adding a subdivision to read: 
 17.18     Subd. 18.  [MONITORING.] (a) By March 1, 2004, and each 
 17.19  year thereafter, the commissioner of public safety must report 
 17.20  to the legislature on: 
 17.21     (1) the number of permits applied for, issued, suspended, 
 17.22  revoked, and denied, further categorized by the age, sex, and 
 17.23  zip code of the applicant or permit holder, since the previous 
 17.24  submission, and in total; 
 17.25     (2) the number of permits currently valid; 
 17.26     (3) the specific reasons for each suspension, revocation, 
 17.27  and denial and the number of reversed, canceled, or corrected 
 17.28  actions; 
 17.29     (4) the number of convictions and types of crimes committed 
 17.30  since the previous submission, and in total, by individuals with 
 17.31  permits including data as to whether a firearm lawfully carried 
 17.32  solely by virtue of a permit was actually used in furtherance of 
 17.33  the crime; 
 17.34     (5) to the extent known or determinable, data on the lawful 
 17.35  and justifiable use of firearms by permit holders; and 
 17.36     (6) the status of the segregated funds reported to the 
 18.1   commissioner under subdivision 19. 
 18.2      (b) Sheriffs and police chiefs must supply the department 
 18.3   of public safety with the basic data the department requires to 
 18.4   complete the report under paragraph (a).  Sheriffs and police 
 18.5   chiefs may submit data classified as private to the department 
 18.6   of public safety under this paragraph. 
 18.7      (c) Copies of the report under paragraph (a) must be made 
 18.8   available to the public at the actual cost of duplication. 
 18.9      (d) Nothing contained in any provision of this section or 
 18.10  any other law requires or authorizes the registration, 
 18.11  documentation, collection, or providing of serial numbers or 
 18.12  other data on firearms or on firearms' owners. 
 18.13     Sec. 23.  Minnesota Statutes 2002, section 624.714, is 
 18.14  amended by adding a subdivision to read: 
 18.15     Subd. 19.  [USE OF FEES.] Fees collected by sheriffs under 
 18.16  this section and not forwarded to the commissioner of public 
 18.17  safety must be used only to pay the direct costs of 
 18.18  administering this section.  Fee money may be used to pay the 
 18.19  costs of appeals of prevailing applicants or permit holders 
 18.20  under subdivision 8, paragraph (c); subdivision 12, paragraph 
 18.21  (e); and subdivision 16, paragraph (c).  The revenues must be 
 18.22  maintained in a segregated fund.  By January 31 of each year, a 
 18.23  sheriff must report to the commissioner on the sheriff's 
 18.24  segregated fund for the preceding calendar year, including 
 18.25  information regarding: 
 18.26     (1) nature and amount of revenues; 
 18.27     (2) nature and amount of expenditures; and 
 18.28     (3) nature and amount of balances. 
 18.29     Sec. 24.  Minnesota Statutes 2002, section 624.714, is 
 18.30  amended by adding a subdivision to read: 
 18.31     Subd. 20.  [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 
 18.32  section may be cited as the Minnesota Citizens' Personal 
 18.33  Protection Act of 2003.  The legislature of the state of 
 18.34  Minnesota recognizes and declares that the second amendment of 
 18.35  the United States Constitution guarantees the fundamental, 
 18.36  individual right to keep and bear arms.  The provisions of this 
 19.1   section are declared to be necessary to accomplish compelling 
 19.2   state interests in regulation of those rights.  The terms of 
 19.3   this section must be construed according to the compelling state 
 19.4   interest test.  The invalidation of any provision of this 
 19.5   section shall not invalidate any other provision. 
 19.6      Sec. 25.  Minnesota Statutes 2002, section 624.714, is 
 19.7   amended by adding a subdivision to read: 
 19.8      Subd. 21.  [EXCLUSIVITY.] This section sets forth the 
 19.9   complete and exclusive criteria and procedures for the issuance 
 19.10  of permits to carry and establishes their nature and scope.  No 
 19.11  sheriff, police chief, governmental unit, or other person may 
 19.12  change, modify, or supplement these criteria or procedures, or 
 19.13  limit the exercise of a permit to carry. 
 19.14     Sec. 26.  [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 
 19.15  ALCOHOL OR A CONTROLLED SUBSTANCE.] 
 19.16     Subdivision 1.  [ACTS PROHIBITED.] A person may not carry a 
 19.17  pistol on or about the person's clothes or person in a public 
 19.18  place: 
 19.19     (1) when the person is under the influence of a controlled 
 19.20  substance, as defined in section 152.01, subdivision 4; 
 19.21     (2) when the person is under the influence of a combination 
 19.22  of any two or more of the elements named in clauses (1) and (4); 
 19.23     (3) when the person is knowingly under the influence of any 
 19.24  chemical compound or combination of chemical compounds that is 
 19.25  listed as a hazardous substance in rules adopted under section 
 19.26  182.655 and that affects the nervous system, brain, or muscles 
 19.27  of the person so as to impair the person's clearness of 
 19.28  intellect or physical control; 
 19.29     (4) when the person is under the influence of alcohol; 
 19.30     (5) when the person's alcohol concentration is 0.10 or 
 19.31  more; or 
 19.32     (6) when the person's alcohol concentration is less than 
 19.33  0.10, but more than 0.04. 
 19.34     Subd. 2.  [ARREST.] A peace officer may arrest a person for 
 19.35  a violation under subdivision 1 without a warrant upon probable 
 19.36  cause, without regard to whether the violation was committed in 
 20.1   the officer's presence. 
 20.2      Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
 20.3   authorized under subdivision 2 to make arrests has reason to 
 20.4   believe that the person may be violating or has violated 
 20.5   subdivision 1, the officer may require the person to provide a 
 20.6   breath sample for a preliminary screening test using a device 
 20.7   approved by the commissioner of public safety for this purpose.  
 20.8   The results of the preliminary screening test must be used for 
 20.9   the purpose of deciding whether an arrest should be made under 
 20.10  this section and whether to require the chemical tests 
 20.11  authorized in section 624.7143, but may not be used in any court 
 20.12  action except:  (1) to prove that the test was properly required 
 20.13  of a person under section 624.7143, or (2) in a civil action 
 20.14  arising out of the use of the pistol.  Following the preliminary 
 20.15  screening test, additional tests may be required of the person 
 20.16  as provided under section 624.7143.  A person who refuses a 
 20.17  breath sample is subject to the provisions of section 624.7143 
 20.18  unless, in compliance with that section, the person submits to a 
 20.19  blood, breath, or urine test to determine the presence of 
 20.20  alcohol or a controlled substance. 
 20.21     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
 20.22  subdivision 1, the admission of evidence of the amount of 
 20.23  alcohol or a controlled substance in the person's blood, breath, 
 20.24  or urine is governed by section 169A.45. 
 20.25     Subd. 5.  [SUSPENSION.] A person who is charged with a 
 20.26  violation under this section may have their authority to carry a 
 20.27  pistol in a public place on or about the person's clothes or 
 20.28  person under the provisions of a permit or otherwise suspended 
 20.29  by the court as a condition of release. 
 20.30     Subd. 6.  [PENALTIES.] (a) A person who violates a 
 20.31  prohibition under subdivision 1, clauses (1) to (5), is guilty 
 20.32  of a misdemeanor.  A second or subsequent violation is a gross 
 20.33  misdemeanor. 
 20.34     (b) A person who violates subdivision 1, clause (6), is 
 20.35  guilty of a petty misdemeanor.  A second or subsequent violation 
 20.36  within a year of the first violation is a misdemeanor. 
 21.1      (c) In addition to the penalty imposed under paragraph (a), 
 21.2   if a person violates subdivision 1, clauses (1) to (5), the 
 21.3   person's authority to carry a pistol in a public place on or 
 21.4   about the person's clothes or person under the provisions of a 
 21.5   permit or otherwise is revoked and the person may not reapply 
 21.6   for a period of one year from the date of conviction. 
 21.7      (d) In addition to the penalty imposed under paragraph (b), 
 21.8   if a person violates subdivision 1, clause (6), as a petty 
 21.9   misdemeanor the person's authority to carry a pistol in a public 
 21.10  place on or about the person's clothes or person under the 
 21.11  provisions of a permit or otherwise, is suspended for 60 days 
 21.12  from the date of judgment.  If the person violates subdivision 
 21.13  1, clause (6), as a misdemeanor, the period of suspension is for 
 21.14  180 days from the date of conviction. 
 21.15     (e) Notwithstanding section 609.531, a firearm carried in 
 21.16  violation of subdivision 1, clause (6), is not subject to 
 21.17  forfeiture. 
 21.18     Subd. 7.  [REPORTING.] Suspensions and revocations under 
 21.19  this section must be reported in the same manner as in section 
 21.20  624.714, subdivision 12a. 
 21.21     Sec. 27.  [624.7143] [CHEMICAL TESTING.] 
 21.22     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 21.23  carries a pistol in a public place on or about the person's 
 21.24  clothes or person is required, subject to the provisions of this 
 21.25  section, to take or submit to a test of the person's blood, 
 21.26  breath, or urine for the purpose of determining the presence and 
 21.27  amount of alcohol or a controlled substance.  The test shall be 
 21.28  administered at the direction of an officer authorized to make 
 21.29  arrests under section 624.7142.  Taking or submitting to the 
 21.30  test is mandatory when requested by an officer who has probable 
 21.31  cause to believe the person was carrying a pistol in violation 
 21.32  of section 624.7142, and one of the following conditions exists: 
 21.33     (1) the person has been lawfully placed under arrest for 
 21.34  violating section 624.7142; 
 21.35     (2) the person has been involved while carrying a firearm 
 21.36  in a firearms-related accident resulting in property damage, 
 22.1   personal injury, or death; 
 22.2      (3) the person has refused to take the preliminary 
 22.3   screening test provided for in section 624.7142; or 
 22.4      (4) the screening test was administered and indicated an 
 22.5   alcohol concentration of 0.04 or more. 
 22.6      Subd. 2.  [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 
 22.7   refuses to take a test required under subdivision 1, none must 
 22.8   be given but the officer shall report the refusal to the sheriff 
 22.9   and to the authority having responsibility for prosecution of 
 22.10  misdemeanor offenses for the jurisdiction in which the incident 
 22.11  occurred that gave rise to the test demand and refusal.  On 
 22.12  certification by the officer that probable cause existed to 
 22.13  believe the person had been carrying a pistol on or about the 
 22.14  person's clothes or person in a public place while under the 
 22.15  influence of alcohol or a controlled substance, and that the 
 22.16  person refused to submit to testing, a court may impose a civil 
 22.17  penalty of $500 and may revoke the person's authority to carry a 
 22.18  pistol in a public place on or about the person's clothes or 
 22.19  person under the provisions of a permit or otherwise for a 
 22.20  period of one year from the date of the refusal.  The person 
 22.21  shall be accorded notice and an opportunity to be heard prior to 
 22.22  imposition of the civil penalty or the revocation. 
 22.23     (b) Revocations under this subdivision must be reported in 
 22.24  the same manner as in section 624.714, subdivision 12a. 
 22.25     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 22.26  requested, the person must be informed that: 
 22.27     (1) Minnesota law requires a person to take a test to 
 22.28  determine if the person is under the influence of alcohol or a 
 22.29  controlled substance; 
 22.30     (2) if the person refuses to take the test, the person is 
 22.31  subject to a civil penalty of $500 and is prohibited for a 
 22.32  period of one year from carrying a pistol in a public place on 
 22.33  or about the person's clothes or person, as provided under 
 22.34  subdivision 2; and 
 22.35     (3) that the person has the right to consult with an 
 22.36  attorney, but that this right is limited to the extent it cannot 
 23.1   unreasonably delay administration of the test or the person will 
 23.2   be deemed to have refused the test. 
 23.3      Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 23.4   Notwithstanding subdivision 1, if there is probable cause to 
 23.5   believe there is impairment by a controlled substance that is 
 23.6   not subject to testing by a breath test, a blood or urine test 
 23.7   may be required even after a breath test has been administered. 
 23.8      Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
 23.9   under this section are governed by section 169A.51 in all 
 23.10  aspects that are not inconsistent with this section.  
 23.11     Sec. 28.  [APPROPRIATION.] 
 23.12     $....... is appropriated in fiscal year 2004 from the 
 23.13  general fund to the commissioner of public safety to implement 
 23.14  the provisions of sections 1 to 27. 
 23.15     Sec. 29.  [GRANDFATHER CLAUSE.] 
 23.16     Permits to carry pistols issued prior to the effective date 
 23.17  of sections 1 to 27 remain in effect and are valid under the 
 23.18  terms of issuance until the date of expiration applicable at the 
 23.19  time of issuance.  However, a person holding a permit that was 
 23.20  issued prior to the effective date of sections 1 to 27 may 
 23.21  nevertheless apply for a permit under the terms and conditions 
 23.22  of sections 1 to 27. 
 23.23     Sec. 30.  [REVISOR'S INSTRUCTION.] 
 23.24     In Minnesota Statutes, sections 624.713 to 624.717, the 
 23.25  revisor of statutes shall change the term "commissioner of 
 23.26  public safety" to "commissioner" wherever the term appears. 
 23.27     Sec. 31.  [REPEALER.] 
 23.28     Minnesota Statutes 2002, section 624.714, subdivisions 1 
 23.29  and 5, are repealed. 
 23.30     Sec. 32.  [EFFECTIVE DATE.] 
 23.31     Sections 1 to 31 are effective 30 days after final 
 23.32  enactment and apply to crimes committed on or after that date, 
 23.33  except that the commissioner of public safety must promulgate 
 23.34  the list required under section 20 within 60 days of final 
 23.35  enactment.