SF 89

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; modifying the pistol 
  1.3             permit issuance law; amending Minnesota Statutes 2002, 
  1.4             sections 624.714, subdivisions 1, 2, 3, 4, 5, 6, 8, 
  1.5             12; 624.719. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 624.714, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [PENALTY.] (a) A person, other than a law 
  1.10  enforcement officer who has authority to make arrests other than 
  1.11  citizens arrests, who carries, holds or possesses a pistol in a 
  1.12  motor vehicle, snowmobile or boat, or on or about the person's 
  1.13  clothes or the person, or otherwise in possession or control in 
  1.14  a public place or public area without first having obtained a 
  1.15  permit to carry the pistol is guilty of a gross misdemeanor.  A 
  1.16  person who is convicted a second or subsequent time is guilty of 
  1.17  a felony.  
  1.18     (b) A person who has been issued a permit and who engages 
  1.19  in activities other than those for which the permit has been 
  1.20  issued, is guilty of a misdemeanor. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 624.714, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  [WHERE APPLICATION MADE.] Applications for 
  1.24  permits to carry shall be made to the chief of police of an 
  1.25  organized full-time police department of the municipality where 
  2.1   the applicant resides or to the county sheriff where there is no 
  2.2   such local chief of police where of the county in which the 
  2.3   applicant resides.  Nonresidents of Minnesota may apply to any 
  2.4   sheriff.  At the time of application, the local police authority 
  2.5   sheriff shall provide the applicant with a dated receipt for the 
  2.6   application. 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 624.714, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [CONTENTS.] (a) Applications for permits to carry 
  2.10  shall set forth in writing the following information: 
  2.11     (1) the name, residence, telephone number, and driver's 
  2.12  license number or nonqualification certificate official state 
  2.13  identification card number, if any, of the applicant; 
  2.14     (2) the sex, date of birth, height, weight, and color of 
  2.15  eyes and hair, and distinguishing physical characteristics, if 
  2.16  any, of the applicant; 
  2.17     (3) a statement that the applicant authorizes the release 
  2.18  to the local police authority sheriff of commitment information 
  2.19  about the applicant maintained by the commissioner of human 
  2.20  services or similar agency or department of the state of 
  2.21  residence, to the extent that the information relates to the 
  2.22  applicant's eligibility to possess a pistol or semiautomatic 
  2.23  military-style assault weapon under section 624.713, subdivision 
  2.24  1; 
  2.25     (4) a statement by the applicant that the applicant is not 
  2.26  prohibited by section 518B.01, subdivision 14; 609.224, 
  2.27  subdivision 3; 609.2242, subdivision 3; 609.749, subdivision 8; 
  2.28  or 624.713; or by a condition of probation or pretrial release 
  2.29  from possessing a pistol or semiautomatic military-style assault 
  2.30  weapon and has not previously been convicted of violating 
  2.31  section 624.719; and 
  2.32     (5) a recent color photograph of the applicant. 
  2.33  The application shall be signed and dated by the applicant.  The 
  2.34  statement under clause (3) must comply with any applicable 
  2.35  requirements of Code of Federal Regulations, title 42, sections 
  2.36  2.31 to 2.35, with respect to consent to disclosure of alcohol 
  3.1   or drug abuse patient records. 
  3.2      (b) If the application is not submitted in person, it must 
  3.3   be notarized.  
  3.4      Sec. 4.  Minnesota Statutes 2002, section 624.714, 
  3.5   subdivision 4, is amended to read: 
  3.6      Subd. 4.  [INVESTIGATION.] The application authority 
  3.7   shall sheriff must check criminal records, histories, and 
  3.8   warrant information on each applicant through the Minnesota 
  3.9   Crime Information System.  The chief of police or sheriff 
  3.10  shall and, to the extent necessary, the national instant check 
  3.11  system and the national crime record repository, and must make a 
  3.12  reasonable effort to check other available state and local 
  3.13  record-keeping systems.  The sheriff must also obtain commitment 
  3.14  information from the commissioner of human services as provided 
  3.15  in section 245.041 or, if the information is reasonably 
  3.16  available, as provided by a similar statute from another state.  
  3.17     Sec. 5.  Minnesota Statutes 2002, section 624.714, 
  3.18  subdivision 5, is amended to read: 
  3.19     Subd. 5.  [GRANTING OF PERMITS.] No (a) A permit to carry 
  3.20  shall be granted to a person unless the applicant who: 
  3.21     (a) (1) is not a person prohibited by section 624.713 from 
  3.22  possessing a pistol under section 518B.01, subdivision 14; 
  3.23  609.224, subdivision 3; 609.2242, subdivision 3; 609.749, 
  3.24  subdivision 8; or 624.713; or as a condition of probation or 
  3.25  pretrial release; 
  3.26     (b) (2) provides a firearms safety certificate recognized 
  3.27  by the department of natural resources, evidence of successful 
  3.28  completion of a test of ability to use a firearm supervised by 
  3.29  the chief of police or sheriff or other satisfactory proof of 
  3.30  ability to use a pistol safely; and 
  3.31     (c) has an occupation or personal safety hazard requiring a 
  3.32  permit to carry. 
  3.33     (3) has not previously been convicted of violating section 
  3.34  624.719; 
  3.35     (4) is not listed in the criminal gang investigative data 
  3.36  system under section 299C.091, subdivision 2; and 
  4.1      (5) completes an application for a permit. 
  4.2      (b) A permit to carry issued under this section is a state 
  4.3   permit that is valid throughout the state.  
  4.4      Sec. 6.  Minnesota Statutes 2002, section 624.714, 
  4.5   subdivision 6, is amended to read: 
  4.6      Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF PERMITS; 
  4.7   FEE AUTHORIZED.] (a) The sheriff must, within 20 business days 
  4.8   after the date of receipt of the application described in 
  4.9   subdivision 3: 
  4.10     (1) issue the permit to carry; 
  4.11     (2) deny the application for a permit to carry solely on 
  4.12  the grounds that the applicant failed to qualify under the 
  4.13  criteria described in subdivision 5; or 
  4.14     (3) deny the application on the grounds that there is a 
  4.15  substantial likelihood that the applicant may be dangerous to 
  4.16  the public if authorized to carry a pistol under a permit. 
  4.17     (b) Failure of the chief police officer or the county 
  4.18  sheriff to deny the application or issue a permit to carry a 
  4.19  pistol notify the applicant of the denial of the application 
  4.20  within 21 20 business days of after the date of receipt of the 
  4.21  application shall be deemed to be a grant thereof. constitutes 
  4.22  issuance of the permit to carry and the sheriff must promptly 
  4.23  fulfill the requirements under paragraph (c).  To deny the 
  4.24  application, the local police authority shall sheriff must 
  4.25  provide an the applicant with written notification of a denial 
  4.26  and the specific reason factual basis for the denial and the 
  4.27  source of the factual basis and must inform the applicant of the 
  4.28  applicant's right to submit, within 20 business days, any 
  4.29  additional documentation relating to the propriety of the 
  4.30  denial.  A chief of police or a sheriff may charge a fee to 
  4.31  cover the cost of conducting a background check, not to exceed 
  4.32  $10.  The permit shall specify the activities for which it shall 
  4.33  be valid.  Upon receiving any additional documentation, the 
  4.34  sheriff must reconsider the denial and inform the applicant 
  4.35  within 15 business days of the result of the reconsideration.  
  4.36  Any denial after reconsideration must be in the same form and 
  5.1   substance as the original denial and must specifically address 
  5.2   any continued deficiencies in light of the additional 
  5.3   documentation submitted by the applicant.  The applicant must be 
  5.4   informed of the right to seek de novo review of the denial as 
  5.5   provided in subdivision 12. 
  5.6      (c) Upon issuing a permit to carry, the sheriff must 
  5.7   provide a laminated permit card to the applicant by first class 
  5.8   mail unless personal delivery has been made.  
  5.9      (d) Notwithstanding paragraphs (a) to (c), the sheriff may 
  5.10  suspend the application process if a charge is pending against 
  5.11  the applicant that, if resulting in conviction, will disqualify 
  5.12  the applicant from possessing a firearm under section 518B.01, 
  5.13  subdivision 14; 609.224, subdivision 3; 609.2242, subdivision 3; 
  5.14  609.749, subdivision 8; or 624.713. 
  5.15     (e) The sheriff may charge a fee to cover the cost of 
  5.16  conducting the background check described in subdivision 4, not 
  5.17  to exceed $10.  
  5.18     Sec. 7.  Minnesota Statutes 2002, section 624.714, 
  5.19  subdivision 8, is amended to read: 
  5.20     Subd. 8.  [PERMIT TO CARRY VOIDED.] The permit to carry 
  5.21  shall be void at the time that the holder becomes prohibited 
  5.22  from possessing a pistol under section 518B.01, subdivision 14; 
  5.23  609.224, subdivision 3; 609.2242, subdivision 3; 609.749, 
  5.24  subdivision 8; or 624.713; or as a condition of probation or 
  5.25  pretrial release, or is convicted of violating section 624.719, 
  5.26  in which event the holder shall return the permit within five 
  5.27  days to the application authority sheriff.  Failure of the 
  5.28  holder to return the permit within the five days is a gross 
  5.29  misdemeanor unless the court finds that the circumstances or the 
  5.30  physical or mental condition of the permit holder prevented the 
  5.31  holder from complying with the return requirement. 
  5.32     Sec. 8.  Minnesota Statutes 2002, section 624.714, 
  5.33  subdivision 12, is amended to read: 
  5.34     Subd. 12.  [HEARING UPON DENIAL.] (a) Any person aggrieved 
  5.35  by denial of a permit to carry may appeal the denial by petition 
  5.36  to the district court having jurisdiction over the county or 
  6.1   municipality wherein the notification or denial occurred where 
  6.2   the application was submitted.  The petition must list the 
  6.3   sheriff as the respondent.  The district court must hold a 
  6.4   hearing at the earliest practicable date and in any event no 
  6.5   later than 60 days following the filing of the petition for 
  6.6   review.  The court may not grant or deny any relief before the 
  6.7   completion of the hearing.  The matter shall must be heard de 
  6.8   novo without a jury. 
  6.9      (b) The court must issue its writ of mandamus directing 
  6.10  that the permit be issued and order other appropriate relief 
  6.11  unless the sheriff establishes by clear and convincing evidence: 
  6.12     (1) that the applicant is disqualified under the criteria 
  6.13  described in subdivision 5, paragraph (a); or 
  6.14     (2) that there is a substantial likelihood that the 
  6.15  applicant may be dangerous to the public if authorized to carry 
  6.16  a pistol under a permit.  The applicant's dangerousness to the 
  6.17  public may only be established by the applicant's criminal or 
  6.18  noncriminal history, within the past three years, involving: 
  6.19     (i) contemporaneously investigated and documented 
  6.20  behavioral incidents of violence, not including incidents for 
  6.21  which the applicant was charged and acquitted; or 
  6.22     (ii) a condition of mental impairment.  
  6.23     For purposes of this paragraph, "mental impairment" means a 
  6.24  "mentally ill person," "mentally retarded person," or "a person 
  6.25  mentally ill and dangerous to the public" as those terms are 
  6.26  defined in section 253B.02. 
  6.27     (c) If the court grants a petition brought under paragraph 
  6.28  (a), the court must award the applicant or permit holder 
  6.29  reasonable costs and expenses including attorney fees.  
  6.30     Sec. 9.  Minnesota Statutes 2002, section 624.719, is 
  6.31  amended to read: 
  6.32     624.719 [POSSESSION OF FIREARM BY NONRESIDENT ALIEN.] 
  6.33     Unless authorized under the terms of a permit to carry a 
  6.34  pistol issued under section 624.714, a nonresident alien may not 
  6.35  possess a firearm except to take game as a nonresident under the 
  6.36  game and fish laws.  A firearm possessed in violation of this 
  7.1   section is contraband and may be confiscated.  
  7.2      Sec. 10.  [EFFECTIVE DATE.] 
  7.3      Sections 1 to 9 are effective August 1, 2003.