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HF 307

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 02:35pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring persons to first make application for a permit
to carry to a chief of police of a municipality and if no chief of police to a county
sheriff; amending Minnesota Statutes 2012, sections 624.714, subdivisions
2, 2a, 3, 4, 6, 7, 7a, 8, 8a, 11a, 12, 12a, 14, 15, 16, 19, 20, 21, 23; 624.7143,
subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 624.714, subdivision 2, is amended to read:


Subd. 2.

Where application made; authority to issue permit; criteria; scope.

(a) Applications by Minnesota residents for permits to carry shall be made to the new text beginchief
of police of an organized full-time police department of the municipality where the
applicant resides or to the
new text endcounty sheriff deleted text beginwhere the applicant residesdeleted text endnew text begin if there is no local
chief of police
new text end. Nonresidents, as defined in section 171.01, subdivision 42, may apply
to anynew text begin chief of police ornew text end sheriff.

(b) Unless a new text beginchief of police or new text endsheriff denies a permit under the exception set forth in
subdivision 6, paragraph (a), clause (3), anew text begin chief of police ornew text end sheriff must issue a permit to
an applicant if the person:

(1) has training in the safe use of a pistol;

(2) is at least 21 years old and a citizen or a permanent resident of the United States;

(3) completes an application for a permit;

(4) is not prohibited from possessing a firearm under the following sections:

(i) 518B.01, subdivision 14;

(ii) 609.224, subdivision 3;

(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;

(v) 624.713;

(vi) 624.719;

(vii) 629.715, subdivision 2;

(viii) 629.72, subdivision 2; or

(ix) any federal law; and

(5) is not listed in the criminal gang investigative data system under section 299C.091.

(c) A permit to carry a pistol issued or recognized under this section is a state permit
and is effective throughout the state.

deleted text begin (d) A sheriff may contract with a police chief to process permit applications under
this section. If a sheriff contracts with a police chief, the sheriff remains the issuing
authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police
chief, all of the provisions of this section will apply.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 624.714, subdivision 2a, is amended to read:


Subd. 2a.

Training in the safe use of a pistol.

(a) An applicant must present
evidence that the applicant received training in the safe use of a pistol within one year of
the date of an original or renewal application. Training may be demonstrated by:

(1) employment as a peace officer in the state of Minnesota within the past year; or

(2) completion of a firearms safety or training course providing basic training in the
safe use of a pistol and conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use;

(2) successful completion of an actual shooting qualification exercise; and

(3) instruction in the fundamental legal aspects of pistol possession, carry, and use,
including self-defense and the restrictions on the use of deadly force.

(c) The certified instructor must issue a certificate to a person who has completed
a firearms safety or training course described in paragraph (b). The certificate must be
signed by the instructor and attest that the person attended and completed the course.

(d) A person qualifies as a certified instructor if the person is certified as a firearms
instructor within the past five years by an organization or government entity that has been
approved by the Department of Public Safety in accordance with the department's standards.

(e) A new text beginchief of police or new text endsheriff must accept the training described in this subdivision
as meeting the requirement in subdivision 2, paragraph (b), for training in the safe use
of a pistol. A new text beginchief of police or new text endsheriff may also accept other satisfactory evidence of
training in the safe use of a pistol.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 624.714, subdivision 3, is amended to read:


Subd. 3.

Form and contents of application.

(a) Applications for permits to carry
must be an official, standardized application form, adopted under section 624.7151, and
must set forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, and driver's license
number or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all
Minnesota residences of the applicant in the last five years, though not including specific
addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the
applicant in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the new text beginchief of police or
new text endsheriff of commitment information about the applicant maintained by the commissioner of
human services or any similar agency or department of another state where the applicant
has resided, to the extent that the information relates to the applicant's eligibility to
possess a firearm; and

(6) a statement by the applicant that, to the best of the applicant's knowledge and
belief, the applicant is not prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the new text beginchief of police or new text endsheriff an application packet
consisting only of the following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph
(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state
identification card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable
rights, must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The new text beginchief of police or new text endsheriff may charge a new application processing fee in an
amount not to exceed the actual and reasonable direct cost of processing the application or
$100, whichever is less. Of this amount, $10 must be submitted to the commissioner and
deposited into the general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant
is required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information,
fees, or documentation beyond that specifically required by this subdivision. This
paragraph does not apply to alternate training evidence accepted by the new text beginchief of police or
new text endsheriff under subdivision 2a, paragraph (d).

(h) Forms for new and renewal applications must be available at all new text beginchiefs' of police
or
new text endsheriffs' offices and the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is void
and must be immediately returned to the new text beginchief of police or new text endsheriff if the permit holder is or
becomes prohibited by law from possessing a firearm. The notice must list the applicable
state criminal offenses and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the new text beginchief of police or
new text endsheriff must provide a signed receipt indicating the date of submission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 624.714, subdivision 4, is amended to read:


Subd. 4.

Investigation.

(a) The new text beginchief of police or new text endsheriff must check, by means
of electronic data transfer, criminal records, histories, and warrant information on
each applicant through the Minnesota Crime Information System and the National
Instant Criminal Background Check System. The new text beginchief of police or new text endsheriff shall
also make a reasonable effort to check other available and relevant federal, state, or
local record-keeping systems. The new text beginchief of police or new text endsheriff must obtain commitment
information from the commissioner of human services as provided in section 245.041 or, if
the information is reasonably available, as provided by a similar statute from another state.

deleted text begin (b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The new text beginchief of police or new text endsheriff must conduct a background check by means
of electronic data transfer on a permit holder through the Minnesota Crime Information
System and the National Instant Criminal Background Check System at least yearly to
ensure continuing eligibility. The new text beginchief of police or new text endsheriff may also conduct additional
background checks by means of electronic data transfer on a permit holder at any time
during the period that a permit is in effect.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:


Subd. 6.

Granting and denial of permits.

(a) The new text beginchief of police or new text endsheriff must,
within 30 days after the date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant
failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a substantial likelihood that
the applicant is a danger to self or the public if authorized to carry a pistol under a permit.

(b) Failure of the new text beginchief of police or new text endsheriff to notify the applicant of the denial of the
application within 30 days after the date of receipt of the application packet constitutes
issuance of the permit to carry and the new text beginchief of police or new text endsheriff must promptly fulfill the
requirements under paragraph (c). To deny the application, the new text beginchief of police or new text endsheriff
must provide the applicant with written notification and the specific factual basis justifying
the denial under paragraph (a), clause (2) or (3), including the source of the factual basis.
The new text beginchief of police or new text endsheriff must inform the applicant of the applicant's right to submit,
within 20 business days, any additional documentation relating to the propriety of the
denial. Upon receiving any additional documentation, the new text beginchief of police or new text endsheriff must
reconsider the denial and inform the applicant within 15 business days of the result of the
reconsideration. Any denial after reconsideration must be in the same form and substance
as the original denial and must specifically address any continued deficiencies in light of
the additional documentation submitted by the applicant. The applicant must be informed
of the right to seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the new text beginchief of police or new text endsheriff must provide a
laminated permit card to the applicant by first class mail unless personal delivery has been
made. Within five business days, the new text beginchief of police or new text endsheriff must submit the information
specified in subdivision 7, paragraph (a), to the commissioner for inclusion solely in the
database required under subdivision 15, paragraph (a). The new text beginchief of police or new text endsheriff must
transmit the information in a manner and format prescribed by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended
or revoked, the new text beginchief of police or new text endsheriff must submit information to the commissioner
regarding the suspension or revocation for inclusion solely in the databases required or
permitted under subdivision 15.

(e) Notwithstanding paragraphs (a) and (b), the new text beginchief of police or new text endsheriff may
suspend the application process if a charge is pending against the applicant that, if
resulting in conviction, will prohibit the applicant from possessing a firearm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2012, section 624.714, subdivision 7, is amended to read:


Subd. 7.

Permit card contents; expiration; renewal.

(a) Permits to carry must be
on an official, standardized permit card adopted by the commissioner, containing only
the name, residence, and driver's license number or state identification card number of
the permit holder, if any.

(b) The permit card must also identify the issuing new text beginchief of police or new text endsheriff and
state the expiration date of the permit. The permit card must clearly display a notice that
a permit, if granted, is void and must be immediately returned to the new text beginchief of police or
new text endsheriff if the permit holder becomes prohibited by law from possessing a firearm.

(c) A permit to carry a pistol issued under this section expires five years after the
date of issue. It may be renewed in the same manner and under the same criteria which the
original permit was obtained, subject to the following procedures:

(1) no earlier than 90 days prior to the expiration date on the permit, the permit
holder may renew the permit by submitting to the appropriate new text beginchief of police or new text endsheriff the
application packet described in subdivision 3 and a renewal processing fee not to exceed
the actual and reasonable direct cost of processing the application or $75, whichever
is less. Of this amount, $5 must be submitted to the commissioner and deposited into
the general fund. The new text beginchief of police or new text endsheriff must process the renewal application in
accordance with subdivisions 4 and 6; and

(2) a permit holder who submits a renewal application packet after the expiration
date of the permit, but within 30 days after expiration, may renew the permit as provided
in clause (1) by paying an additional late fee of $10.

(d) The renewal permit is effective beginning on the expiration date of the prior
permit to carry.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2012, section 624.714, subdivision 7a, is amended to read:


Subd. 7a.

Change of address; loss or destruction of permit.

(a) Within 30 days
after changing permanent address, or within 30 days of having lost or destroyed the permit
card, the permit holder must notify the issuing new text beginchief of police or new text endsheriff of the change, loss,
or destruction. Failure to provide notification as required by this subdivision is a petty
misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section
609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

(b) After notice is given under paragraph (a), a permit holder may obtain a
replacement permit card by paying $10 to the new text beginchief of police or new text endsheriff. The request for a
replacement permit card must be made on an official, standardized application adopted for
this purpose under section 624.7151, and, except in the case of an address change, must
include a notarized statement that the permit card has been lost or destroyed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:


Subd. 8.

Permit to carry voided.

(a) The permit to carry is void at the time that the
holder becomes prohibited by law from possessing a firearm, in which event the holder
must return the permit card to the issuing new text beginchief of police or new text endsheriff within five business
days after the holder knows or should know that the holder is a prohibited person. If the
new text beginchief of police or new text endsheriff has knowledge that a permit is void under this paragraph, the new text beginchief
of police or
new text endsheriff must give notice to the permit holder in writing in the same manner as a
denial. Failure of the holder to return the permit within the five days is a gross misdemeanor
unless the court finds that the circumstances or the physical or mental condition of the
permit holder prevented the holder from complying with the return requirement.

(b) When a permit holder is convicted of an offense that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing new text beginchief of police or new text endsheriff.

(c) The new text beginchief of police or new text endsheriff of the county where the application was submitted,
or of the county of the permit holder's current residence, may file a petition with the
district court therein, for an order revoking a permit to carry on the grounds set forth in
subdivision 6, paragraph (a), clause (3). An order shall be issued only if the new text beginchief of police
or
new text endsheriff meets the burden of proof and criteria set forth in subdivision 12. If the court
denies the petition, the court must award the permit holder reasonable costs and expenses,
including attorney fees.

(d) A permit revocation must be promptly reported to the issuing new text beginchief of police
or
new text endsheriff.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2012, section 624.714, subdivision 8a, is amended to read:


Subd. 8a.

Prosecutor's duty.

Whenever a person is charged with an offense that
would, upon conviction, prohibit the person from possessing a firearm, the prosecuting
attorney must ascertain whether the person is a permit holder under this section. If the
person is a permit holder, the prosecutor must notify the issuing new text beginchief of police or new text endsheriff
that the person has been charged with a prohibiting offense. The prosecutor must also
notify the new text beginchief of police or new text endsheriff of the final disposition of the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2012, section 624.714, subdivision 11a, is amended to read:


Subd. 11a.

Emergency issuance of permits.

A new text beginchief of police or new text endsheriff may
immediately issue an emergency permit to a person if the new text beginchief of police or new text endsheriff
determines that the person is in an emergency situation that may constitute an immediate
risk to the safety of the person or someone residing in the person's household. A person
seeking an emergency permit must complete an application form and must sign an affidavit
describing the emergency situation. An emergency permit applicant does not need to
provide evidence of training. An emergency permit is valid for 30 days, may not be
renewed, and may be revoked without a hearing. No fee may be charged for an emergency
permit. An emergency permit holder may seek a regular permit under subdivision 3 and is
subject to the other applicable provisions of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:


Subd. 12.

Hearing upon denial or revocation.

(a) Any person aggrieved by denial
or revocation of a permit to carry may appeal by petition to the district court having
jurisdiction over the county or municipality where the application was submitted. The
petition must list the new text beginchief of police or new text endsheriff as the respondent. The district court must
hold a hearing at the earliest practicable date and in any event no later than 60 days
following the filing of the petition for review. The court may not grant or deny any relief
before the completion of the hearing. The record of the hearing must be sealed. The
matter must be heard de novo without a jury.

(b) 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 new text beginchief of police or
new text endsheriff establishes by clear and convincing evidence:

(1) that the applicant is disqualified under the criteria described in subdivision 2,
paragraph (b); or

(2) that there exists a substantial likelihood that the applicant is a danger to self or
the public if authorized to carry a pistol under a permit. Incidents of alleged criminal
misconduct that are not investigated and documented may not be considered.

(c) If an applicant is denied a permit on the grounds that the applicant is listed in
the criminal gang investigative data system under section 299C.091, the person may
challenge the denial, after disclosure under court supervision of the reason for that listing,
based on grounds that the person:

(1) was erroneously identified as a person in the data system;

(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or

(3) has demonstrably withdrawn from the activities and associations that led to
inclusion in the data system.

(d) If the court grants a petition brought under paragraph (a), the court must award
the applicant or permit holder reasonable costs and expenses including attorney fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2012, section 624.714, subdivision 12a, is amended to read:


Subd. 12a.

Suspension as condition of release.

The district court may order
suspension of the application process for a permit or suspend the permit of a permit holder
as a condition of release pursuant to the same criteria as the surrender of firearms under
section 629.715. A permit suspension must be promptly reported to the issuing new text beginchief
of police or
new text endsheriff. If the permit holder has an out-of-state permit recognized under
subdivision 16, the court must promptly report the suspension to the commissioner for
inclusion solely in the database under subdivision 15, paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2012, section 624.714, subdivision 14, is amended to read:


Subd. 14.

Records.

(a) A new text beginchief of police or new text endsheriff must not maintain records or data
collected, made, or held under this section concerning any applicant or permit holder that
are not necessary under this section to support a permit that is outstanding or eligible for
renewal under subdivision 7, paragraph (b). Notwithstanding section 138.163, new text beginchiefs of
police or
new text endsheriffs must completely purge all files and databases by March 1 of each year
to delete all information collected under this section concerning all persons who are no
longer current permit holders or currently eligible to renew their permit.

(b) Paragraph (a) does not apply to records or data concerning an applicant or
permit holder who has had a permit denied or revoked under the criteria established in
subdivision 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a
period of six years from the date of the denial or revocation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2012, section 624.714, subdivision 15, is amended to read:


Subd. 15.

Commissioner; contracts; database.

(a) The commissioner must
maintain an automated database of persons authorized to carry pistols under this section that
is available 24 hours a day, seven days a week, only to law enforcement agencies, including
prosecutors carrying out their duties under subdivision 8a, to verify the validity of a permit.

(b) The commissioner may maintain a separate automated database of denied
applications for permits to carry and of revoked permits that is available only to new text beginchiefs
of police or
new text endsheriffs performing their duties under this section containing the date of, the
statutory basis for, and the initiating agency for any permit application denied or permit
revoked for a period of six years from the date of the denial or revocation.

(c) The commissioner may contract with one or more vendors to implement the
commissioner's duties under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2012, section 624.714, subdivision 16, is amended to read:


Subd. 16.

Recognition of permits from other states.

(a) The commissioner must
annually establish and publish a list of other states that have laws governing the issuance
of permits to carry weapons that are not substantially similar to this section. The list
must be available on the Internet. A person holding a carry permit from a state not on
the list may use the license or permit in this state subject to the rights, privileges, and
requirements of this section.

(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
this state if the holder is or becomes prohibited by law from possessing a firearm.

(c) Any sheriff or deleted text beginpolice deleted text endchiefnew text begin of policenew text end may file a petition under subdivision 12
seeking an order suspending or revoking an out-of-state permit holder's authority to carry
a pistol in this state on the grounds set forth in subdivision 6, paragraph (a), clause (3).
An order shall only be issued if the petitioner meets the burden of proof and criteria set
forth in subdivision 12. If the court denies the petition, the court must award the permit
holder reasonable costs and expenses including attorney fees. The petition may be filed
in any county in the state where a person holding a license or permit from another state
can be found.

(d) The commissioner must, when necessary, execute reciprocity agreements
regarding carry permits with jurisdictions whose carry permits are recognized under
paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2012, section 624.714, subdivision 19, is amended to read:


Subd. 19.

Immunity.

Neither a sheriff, deleted text beginpolice deleted text endchiefnew text begin of policenew text end, any employee of a
sheriff or deleted text beginpolice deleted text endchiefnew text begin of policenew text end involved in the permit issuing process, nor any certified
instructor is liable for damages resulting or arising from acts with a firearm committed by a
permit holder, unless the person had actual knowledge at the time the permit was issued or
the instruction was given that the applicant was prohibited by law from possessing a firearm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2012, section 624.714, subdivision 20, is amended to read:


Subd. 20.

Monitoring.

(a) By March 1, 2004, and each year thereafter, the
commissioner must report to the legislature on:

(1) the number of permits applied for, issued, suspended, revoked, and denied,
further categorized by the age, sex, and zip code of the applicant or permit holder, since
the previous submission, and in total;

(2) the number of permits currently valid;

(3) the specific reasons for each suspension, revocation, and denial and the number
of reversed, canceled, or corrected actions;

(4) without expressly identifying an applicant, the number of denials or revocations
based on the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for
each denial or revocation, and the result of an appeal, if any, including the court's findings
of fact, conclusions of law, and order;

(5) the number of convictions and types of crimes committed since the previous
submission, and in total, by individuals with permits including data as to whether a firearm
lawfully carried solely by virtue of a permit was actually used in furtherance of the crime;

(6) to the extent known or determinable, data on the lawful and justifiable use of
firearms by permit holders; and

(7) the status of the segregated funds reported to the commissioner under subdivision
21.

(b) Sheriffs and deleted text beginpolicedeleted text end chiefsnew text begin of policenew text end must supply the Department of Public Safety
with the basic data the department requires to complete the report under paragraph (a).
Sheriffs and deleted text beginpolicedeleted text end chiefsnew text begin of policenew text end may submit data classified as private to the Department
of Public Safety under this paragraph.

(c) Copies of the report under paragraph (a) must be made available to the public
at the actual cost of duplication.

(d) Nothing contained in any provision of this section or any other law requires or
authorizes the registration, documentation, collection, or providing of serial numbers or
other data on firearms or on firearms' owners.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2012, section 624.714, subdivision 21, is amended to read:


Subd. 21.

Use of fees.

Fees collected by new text beginchiefs of police or new text endsheriffs under this
section and not forwarded to the commissioner must be used only to pay the direct costs of
administering this section. Fee money may be used to pay the costs of appeals of prevailing
applicants or permit holders under subdivision 8, paragraph (c); subdivision 12, paragraph
(e); and subdivision 16, paragraph (c). Fee money may also be used to pay the reasonable
costs of the county attorney to represent the new text beginchief of police or new text endsheriff in proceedings under
this section. The revenues must be maintained in a segregated fund. Fund balances must
be carried over from year to year and do not revert to any other fund. As part of the
information supplied under subdivision 20, paragraph (b), by January 31 of each year,
a new text beginchief of police or new text endsheriff must report to the commissioner on the new text beginchief's of police or
new text endsheriff's segregated fund for the preceding calendar year, including information regarding:

(1) nature and amount of revenues;

(2) nature and amount of expenditures; and

(3) nature and amount of balances.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2012, section 624.714, subdivision 23, is amended to read:


Subd. 23.

Exclusivity.

This section sets forth the complete and exclusive criteria
and procedures for the issuance of permits to carry and establishes their nature and scope.
No sheriff, deleted text beginpolicedeleted text end chiefnew text begin of policenew text end, governmental unit, government official, government
employee, or other person or body acting under color of law or governmental authority
may change, modify, or supplement these criteria or procedures, or limit the exercise
of a permit to carry.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to
applicants for a permit to carry on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:


Subd. 2.

Penalties; refusal; revocation.

(a) If a person refuses to take a test
required under subdivision 1, none must be given but the officer shall report the refusal to
the new text beginchief of police or new text endsheriff and to the authority having responsibility for prosecution of
misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise to
the test demand and refusal. On certification by the officer that probable cause existed to
believe the person had been carrying a pistol on or about the person's clothes or person in
a public place while under the influence of alcohol or a controlled substance, and that the
person refused to submit to testing, a court may impose a civil penalty of $500 and may
revoke the person's authority to carry a pistol in a public place on or about the person's
clothes or person under the provisions of a permit or otherwise for a period of one year
from the date of the refusal. The person shall be accorded notice and an opportunity to be
heard prior to imposition of the civil penalty or the revocation.

(b) Revocations under this subdivision must be reported in the same manner as in
section 624.714, subdivision 12a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies, on or
after that date, to persons refusing to submit to a test of the person's blood, breath, or urine
for the purpose of determining the presence and amount of alcohol or a controlled substance.
new text end