as introduced - 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; 1.12 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by 1.13 adding subdivisions; proposing coding for new law in 1.14 Minnesota Statutes, chapter 624; repealing Minnesota 1.15 Statutes 2002, section 624.714, subdivisions 1, 5. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2002, section 609.66, 1.18 subdivision 1d, is amended to read: 1.19 Subd. 1d. [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 1.20 Except as provided under paragraph (c), whoever possesses, 1.21 stores, or keeps a dangerous weapon or uses or brandishes a 1.22 replica firearm or a BB gun on school property is guilty of a 1.23 felony and may be sentenced to imprisonment for not more than 1.24 two years or to payment of a fine of not more than $5,000, or 1.25 both. 1.26 (b) Whoever possesses, stores, or keeps a replica firearm 1.27 or a BB gun on school property is guilty of a gross misdemeanor. 1.28 (c) Notwithstanding paragraph (e), clause (2), it is a 1.29 petty misdemeanor for a person permitted to carry a pistol under 1.30 section 624.714 to do so in a building that the person knows is 2.1 school property unless the person is in the process of dropping 2.2 off or picking up a child. 2.3 (d) As used in this subdivision: 2.4 (1) "BB gun" means a device that fires or ejects a shot 2.5 measuring .18 of an inch or less in diameter; 2.6 (2) "dangerous weapon" has the meaning given it in section 2.7 609.02, subdivision 6; 2.8 (3) "replica firearm" has the meaning given it in section 2.9 609.713; and 2.10 (4) "school property" means: 2.11 (i) a public or private elementary, middle, or secondary 2.12 school building and its grounds, whether leased or owned by the 2.13 school; and 2.14 (ii) the area within a school bus when that bus is being 2.15 used to transport one or more elementary, middle, or secondary 2.16 school students. 2.17
(d)(e) This subdivision does not apply to: 2.18 (1) licensed peace officers, military personnel, or 2.19 students participating in military training, who are performing 2.20 official duties; 2.21 (2) persons who carry pistols according to the terms of a2.22 permitpermitted to carry a pistol under section 624.714; 2.23 (3) persons who keep or store in a motor vehicle pistols in 2.24 accordance with sectionssection 624.714 andor 624.715 or other 2.25 firearms in accordance with section 97B.045; 2.26 (4) firearm safety or marksmanship courses or activities 2.27 conducted on school property; 2.28 (5) possession of dangerous weapons, BB guns, or replica 2.29 firearms by a ceremonial color guard; 2.30 (6) a gun or knife show held on school property; or 2.31 (7) possession of dangerous weapons, BB guns, or replica 2.32 firearms with written permission of the principal. 2.33 Sec. 2. Minnesota Statutes 2002, section 624.714, is 2.34 amended by adding a subdivision to read: 2.35 Subd. 1a. [PENALTY.] A person, other than a peace officer, 2.36 as defined in section 626.84, subdivision 1, who carries, holds, 3.1 or possesses a pistol in a motor vehicle, snowmobile, or boat, 3.2 or on or about the person's clothes or the person, or otherwise 3.3 in possession or control in a public place, as defined in 3.4 section 624.7181, subdivision 1, paragraph (c), without first 3.5 having obtained a permit to carry the pistol is guilty of a 3.6 gross misdemeanor. A person who is convicted a second or 3.7 subsequent time is guilty of a felony. 3.8 Sec. 3. Minnesota Statutes 2002, section 624.714, is 3.9 amended by adding a subdivision to read: 3.10 Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 3.11 a permit to carry must have the permit card and a driver's 3.12 license, state identification card, or other government issued 3.13 photo-identification in immediate possession at all times when 3.14 carrying a pistol and must display the permit card and 3.15 identification document upon lawful demand by a peace officer, 3.16 as defined in section 626.84, subdivision 1. A violation of 3.17 this paragraph is a petty misdemeanor. The fine for a first 3.18 offense must not exceed $25. Notwithstanding section 609.531, a 3.19 firearm carried in violation of this paragraph is not subject to 3.20 forfeiture. 3.21 (b) A citation issued for violating paragraph (a) must be 3.22 dismissed if the person demonstrates, in court or in the office 3.23 of the arresting officer, that the person was permitted to carry 3.24 the pistol according to section 624.714 at the time of the 3.25 alleged violation. 3.26 (c) Upon the request of a peace officer, a permit holder 3.27 must write a sample signature in the officer's presence to aid 3.28 in verifying the person's identity. 3.29 Sec. 4. Minnesota Statutes 2002, section 624.714, 3.30 subdivision 2, is amended to read: 3.31 Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 3.32 PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 3.33 residents for permits to carry shall be made to the chief of3.34 police of an organized full-time police department of the3.35 municipality where the applicant resides orto the county 3.36 sheriff where there is no such local chief of policewhere the 4.1 applicant resides. At the time of application, the local police4.2 authority shall provide the applicant with a dated receipt for4.3 the application.Nonresidents, as defined in section 171.01, 4.4 subdivision 42, may apply to any sheriff. 4.5 (b) A sheriff must issue a permit to an applicant if the 4.6 person: 4.7 (1) has training in the safe use of a pistol; 4.8 (2) is at least 21 years old; 4.9 (3) completes an application for a permit; and 4.10 (4) is not prohibited from possessing a firearm under the 4.11 following sections: 4.12 (i) 518B.01, subdivision 14; 4.13 (ii) 609.224, subdivision 3; 4.14 (iii) 609.2242, subdivision 3; 4.15 (iv) 609.749, subdivision 8; 4.16 (v) 624.713; 4.17 (vi) 624.719; 4.18 (vii) 629.715, subdivision 2; or 4.19 (viii) 629.72, subdivision 2. 4.20 (c) A permit to carry a pistol issued or recognized under 4.21 this section is a state permit and is valid in all public places 4.22 throughout the state. 4.23 (d) A sheriff may contract with a police chief to process 4.24 permit applications under this section. If a sheriff contracts 4.25 with a police chief, the sheriff remains the issuing authority 4.26 and the police chief acts as the sheriff's agent. If a sheriff 4.27 contracts with a police chief, all of the provisions of this 4.28 section will apply. 4.29 Sec. 5. Minnesota Statutes 2002, section 624.714, is 4.30 amended by adding a subdivision to read: 4.31 Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 4.32 applicant must present evidence that the applicant received 4.33 training in the safe use of a pistol within four years of the 4.34 date of an original or renewal application. Training may be 4.35 demonstrated by: 4.36 (1) licensure as a peace officer in the state of Minnesota; 5.1 or 5.2 (2) completion of a firearms safety or training course 5.3 providing basic training in the safe use of a pistol and 5.4 conducted by a certified instructor. 5.5 (b) Basic training must include: 5.6 (1) instruction in the fundamentals of pistol use; 5.7 (2) successful completion of an actual shooting 5.8 qualification exercise prescribed by a certified instructor's 5.9 sponsoring agency or organization; and 5.10 (3) instruction in the fundamental legal aspects of pistol 5.11 possession, carry, and use, including self-defense and the 5.12 restrictions on the use of deadly force. 5.13 (c) A person qualifies as a certified instructor if the 5.14 person is certified as a firearms instructor within the past 5.15 four years by: 5.16 (1) the American Society of Law Enforcement Trainers; 5.17 (2) the Minnesota Association of Law Enforcement Firearms 5.18 Instructors; 5.19 (3) the National Rifle Association; 5.20 (4) the American Association of Certified Firearms 5.21 Instructors; 5.22 (5) the peace officer standards and training board of this 5.23 state or a similar agency of another state; 5.24 (6) the department of natural resources of this state or a 5.25 similar agency of another state; or 5.26 (7) the department of public safety of this state or a 5.27 similar agency of another state. 5.28 (d) A sheriff must accept the training described in this 5.29 subdivision as meeting the requirement in subdivision 2, 5.30 paragraph (b), for training in the safe use of a pistol. A 5.31 sheriff may also accept other satisfactory evidence of 5.32 capability in the safe use of a pistol. 5.33 Sec. 6. Minnesota Statutes 2002, section 624.714, 5.34 subdivision 3, is amended to read: 5.35 Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) 5.36 Applications for permits to carry shallmust be an official, 6.1 standardized application form, adopted under section 624.7151, 6.2 and must set forth in writing only the following information: 6.3 (1) the applicant's name, residence, telephone number, if 6.4 any, and driver's license number or nonqualification certificate6.5 number, if any, of the applicantor state identification card 6.6 number; 6.7 (2) the applicant's sex, date of birth, height, weight, and 6.8 color of eyes and hair, and distinguishing physical 6.9 characteristics, if any , of the applicant; 6.10 (3) all states of residence of the applicant in the last 6.11 ten years, though not including specific addresses; 6.12 (4) a statement that the applicant authorizes the release 6.13 to the local police authoritysheriff of commitment information 6.14 about the applicant maintained by the commissioner of human 6.15 services or any similar agency or department of another state 6.16 where the applicant has resided, to the extent that the 6.17 information relates to the applicant's eligibility to possess 6.18 a pistol or semiautomatic military-style assault weapon under6.19 section 624.713, subdivision 1firearm; and 6.20 (4)(5) a statement by the applicant that, to the best of 6.21 the applicant's knowledge and belief, the applicant is not 6.22 prohibited by section 624.713 from possessing a pistol or6.23 semiautomatic military-style assault weapon; andlaw from 6.24 possessing a firearm. 6.25 (5) a recent color photograph of the applicant.6.26 The application shall be signed and dated by the6.27 applicant.(b) The statement under paragraph (a), clause (3), 6.28 must comply with any applicable requirements of Code of Federal 6.29 Regulations, title 42, sections 2.31 to 2.35, with respect to 6.30 consent to disclosure of alcohol or drug abuse patient records. 6.31 (c) An applicant must submit to the sheriff an application 6.32 packet consisting only of the following items: 6.33 (1) a completed application form, signed and dated by the 6.34 applicant; 6.35 (2) an accurate photocopy of a certificate, affidavit, or 6.36 other document that is submitted as the applicant's evidence of 7.1 training in the safe use of a pistol; and 7.2 (3) an accurate photocopy of the applicant's current 7.3 driver's license, state identification card, or the photo page 7.4 of the applicant's passport. 7.5 (d) Applications must be submitted in person. 7.6 (e) The sheriff may charge a new application processing fee 7.7 in an amount not to exceed the actual and reasonable direct cost 7.8 of processing the application or $40, whichever is less. Of 7.9 this amount, $10 must be submitted to the commissioner of public 7.10 safety and deposited into the general fund. 7.11 (f) This subdivision prescribes the complete and exclusive 7.12 set of items an applicant is required to submit in order to 7.13 apply for a new or renewal permit to carry. The applicant must 7.14 not be asked or required to submit, voluntarily or 7.15 involuntarily, any information, fees, or documentation beyond 7.16 that specifically required by this subdivision. This paragraph 7.17 does not apply to alternate training evidence accepted by the 7.18 sheriff under subdivision 2a, paragraph (d). 7.19 (g) Forms for new and renewal applications must be 7.20 available at all sheriffs' offices and the commissioner of 7.21 public safety must make the forms available on the Internet. 7.22 (h) Application forms must clearly display a notice that a 7.23 permit, if granted, is void and must be immediately returned to 7.24 the sheriff if the permit holder is or becomes prohibited by law 7.25 from possessing a firearm. The notice must list the applicable 7.26 state criminal offenses and civil categories that prohibit a 7.27 person from possessing a firearm. 7.28 (i) Upon receipt of an application packet and any required 7.29 fee, the sheriff must provide a receipt indicating the date of 7.30 submission. 7.31 Sec. 7. Minnesota Statutes 2002, section 624.714, 7.32 subdivision 4, is amended to read: 7.33 Subd. 4. [INVESTIGATION.] (a) The application authority7.34 shallsheriff must check, by means of electronic data transfer, 7.35 criminal records, histories, and warrant information on each 7.36 applicant through the Minnesota Crime Information System . The8.1 chief of police or sheriff shalland, to the extent necessary, 8.2 the National Instant Check System or other relevant federal 8.3 database. The sheriff must also make a reasonable effort to 8.4 check other available state and local record keeping systems. 8.5 The sheriff must obtain commitment information from the 8.6 commissioner of human services as provided in section 8.7 245.041 or, if the information is reasonably available, as 8.8 provided by a similar statute from another state. 8.9 (b) When an application for a permit is filed under this 8.10 section, the sheriff must notify the chief of police, if any, of 8.11 the municipality where the applicant resides. The police chief 8.12 may provide the sheriff with any information relevant to the 8.13 issuance of the permit. 8.14 (c) The sheriff must conduct a background check by means of 8.15 electronic data transfer on a permit holder through the 8.16 Minnesota Crime Information System and, to the extent necessary, 8.17 the National Instant Check System or other relevant federal 8.18 database at least yearly to ensure continuing eligibility. The 8.19 sheriff may conduct additional background checks by electronic 8.20 means on a permit holder at any time during the period that a 8.21 permit is in effect. 8.22 Sec. 8. Minnesota Statutes 2002, section 624.714, 8.23 subdivision 6, is amended to read: 8.24 Subd. 6. [ FAILURE TO GRANTGRANTING AND DENIAL OF 8.25 PERMITS.] (a) The sheriff must, within 15 business days after 8.26 the date of receipt of the application packet described in 8.27 subdivision 3: 8.28 (1) issue the permit to carry; 8.29 (2) deny the application for a permit to carry solely on 8.30 the grounds that the applicant failed to qualify under the 8.31 criteria described in subdivision 2, paragraph (b); or 8.32 (3) deny the application on the grounds that there is a 8.33 substantial likelihood that the applicant may be dangerous to 8.34 the public if authorized to carry a pistol under a permit. 8.35 (b) Failure of the chief police officer or the county8.36 sheriff to deny the application or issue a permit to carry a9.1 pistolnotify the applicant of the denial of the application 9.2 within 2115 business days ofafter the date of receipt of the 9.3 application shall be deemed to be a grant thereof.packet 9.4 constitutes issuance of the permit to carry and the sheriff must 9.5 promptly fulfill the requirements under paragraph (c). To deny 9.6 the application, the local police authority shallsheriff must 9.7 provide anthe applicant with written notification of a denial9.8 and the specific reason forfactual basis justifying the denial 9.9 under paragraph (a), clause (2) or (3), including the source of 9.10 the factual basis. The sheriff must inform the applicant of the 9.11 applicant's right to submit, within 20 business days, any 9.12 additional documentation relating to the property of the denial. 9.13 A chief of police or a sheriff may charge a fee to cover the9.14 cost of conducting a background check, not to exceed $10. The9.15 permit shall specify the activities for which it shall be valid.9.16 Upon receiving any additional documentation, the sheriff must 9.17 reconsider the denial and inform the applicant within 15 9.18 business days of the result of the reconsideration. Any denial 9.19 after reconsideration must be in the same form and substance as 9.20 the original denial and must specifically address any continued 9.21 deficiencies in light of the additional documentation submitted 9.22 by the applicant. The applicant must be informed of the right 9.23 to seek de novo review of the denial as provided in subdivision 9.24 12. 9.25 (c) Upon issuing a permit to carry, the sheriff must 9.26 provide a laminated permit card to the applicant by first class 9.27 mail unless personal delivery has been made. Within five 9.28 business days, the sheriff must submit the information specified 9.29 in subdivision 7, paragraph (a), to the commissioner of public 9.30 safety for inclusion in the database required under subdivision 9.31 15, paragraph (a). 9.32 (d) Within five business days of learning that a permit to 9.33 carry has been suspended or revoked, the sheriff must submit 9.34 information to the commissioner of public safety regarding the 9.35 suspension or revocation for inclusion in the databases required 9.36 or permitted under subdivision 15. 10.1 (e) Notwithstanding paragraphs (a) to (c), the sheriff may 10.2 suspend the application process if a charge is pending against 10.3 the applicant that, if resulting in conviction, will prohibit 10.4 the applicant from possessing a firearm. 10.5 Sec. 9. Minnesota Statutes 2002, section 624.714, 10.6 subdivision 7, is amended to read: 10.7 Subd. 7. [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 10.8 Permits to carry a pistol issued pursuant to this section shall10.9 expire after one year and shall thereafter be renewed in the10.10 same manner and subject to the same provisions by which the10.11 original permit was obtained, except that all renewed permits10.12 must comply with the standards adopted by the commissioner of10.13 public safety under section 624.7161.(a) Permits to carry must 10.14 be on an official, standardized permit card adopted by the 10.15 commissioner of public safety, containing only the name, 10.16 residence, and driver's license number or state identification 10.17 card number of the permit holder. 10.18 (b) The permit card must also identify the issuing sheriff 10.19 and state the expiration date of the permit. The permit card 10.20 must clearly display a notice that a permit, if granted, is void 10.21 and must be immediately returned to the sheriff if the permit 10.22 holder becomes prohibited by law from possessing a firearm. 10.23 (c) A permit to carry a pistol issued under this section 10.24 expires four years after the date of issue. It may be renewed 10.25 in the same manner and under the same criteria which the 10.26 original permit was obtained, subject to the following 10.27 procedures: 10.28 (1) no earlier than 90 days prior to the expiration date on 10.29 the permit, the permit holder may renew the permit by submitting 10.30 to the appropriate sheriff the application packet described in 10.31 subdivision 3 and a renewal processing fee not to exceed the 10.32 actual and reasonable direct cost of processing the application 10.33 or $30, whichever is less. Of this amount, $5 must be submitted 10.34 to the commissioner of public safety and deposited into the 10.35 general fund. The sheriff must process the renewal application 10.36 in accordance with subdivisions 4 and 6; and 11.1 (2) a permit holder who submits a renewal application 11.2 packet after the expiration date of the permit, but within 30 11.3 days after expiration, may renew the permit as provided in 11.4 clause (1) by paying an additional late fee of $10. 11.5 (d) The renewal permit is effective beginning on the 11.6 expiration date of the prior permit to carry. 11.7 Sec. 10. Minnesota Statutes 2002, section 624.714, is 11.8 amended by adding a subdivision to read: 11.9 Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 11.10 PERMIT.] (a) Within 30 days after changing permanent address, or 11.11 within 30 days of having lost or destroyed the permit card, the 11.12 permit holder must notify the sheriff of the change, loss, or 11.13 destruction. Failure to provide notification as required by 11.14 this subdivision is a petty misdemeanor. The fine for a first 11.15 offense must not exceed $25. Notwithstanding section 609.531, a 11.16 firearm carried in violation of this paragraph is not subject to 11.17 forfeiture. 11.18 (b) After notice is given under paragraph (a), a permit 11.19 holder may obtain a replacement permit card by paying $10 to the 11.20 sheriff. The request for a replacement permit card must be made 11.21 on an application adopted for this purpose under section 11.22 624.7151, and, except in the case of an address change, must 11.23 include a notarized statement that the permit card has been lost 11.24 or destroyed. 11.25 Sec. 11. Minnesota Statutes 2002, section 624.714, 11.26 subdivision 8, is amended to read: 11.27 Subd. 8. [PERMIT TO CARRY VOIDED.] (a) The permit to carry 11.28 shall beis void and must be revoked at the time that the holder 11.29 becomes prohibited from possessing a pistol under section11.30 624.713firearm, in which event the holder shallmust return the 11.31 permit card to the sheriff within five business days to the11.32 application authorityafter the holder knows or should know that 11.33 the holder is a prohibited person. If a permit is revoked under 11.34 this subdivision, the sheriff must give notice to the permit 11.35 holder in writing in the same manner as a denial. Failure of 11.36 the holder to return the permit within the five days is a gross 12.1 misdemeanor unless the court finds that the circumstances or the 12.2 physical or mental condition of the permit holder prevented the 12.3 holder from complying with the return requirement. 12.4 (b) When a permit holder is convicted of an offense that 12.5 prohibits the permit holder from possessing a firearm, the court 12.6 must revoke the permit and, if it is available, take possession 12.7 of it and send it to the issuing sheriff. 12.8 (c) A sheriff may file a petition with the district court 12.9 having jurisdiction over the county where the application was 12.10 submitted, or in the county of the permit holder's current 12.11 residence, for an order revoking a permit to carry on the 12.12 grounds set forth in subdivision 6, paragraph (a), clause (3). 12.13 An order shall be issued only if the sheriff meets the burden of 12.14 proof set forth in subdivision 12. If the court denies the 12.15 petition, the court must award the permit holder reasonable 12.16 costs and expenses, including attorney fees. 12.17 Sec. 12. Minnesota Statutes 2002, section 624.714, is 12.18 amended by adding a subdivision to read: 12.19 Subd. 8a. [PROSECUTOR'S DUTY.] Whenever a person is 12.20 charged with an offense that would, upon conviction, prohibit 12.21 the person from possessing a firearm, the prosecuting attorney 12.22 must ascertain whether the person is a permit holder under this 12.23 section. If the person is a permit holder, the prosecutor must 12.24 notify the sheriff that the person has been charged with a 12.25 prohibiting offense. The prosecutor must also notify the 12.26 sheriff of the final disposition of the case. 12.27 Sec. 13. Minnesota Statutes 2002, section 624.714, 12.28 subdivision 10, is amended to read: 12.29 Subd. 10. [FALSE REPRESENTATIONS.] A person who gives or 12.30 causes to be given any false material information in applying 12.31 for a permit to carry, knowing or having reason to know the 12.32 information is false, is guilty of a gross misdemeanor. 12.33 Sec. 14. Minnesota Statutes 2002, section 624.714, is 12.34 amended by adding a subdivision to read: 12.35 Subd. 11a. [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 12.36 immediately issue an emergency permit to a person if the sheriff 13.1 determines that the person is in an emergency situation that may 13.2 constitute an immediate risk to the safety of the person or 13.3 someone residing in the person's household. A person seeking an 13.4 emergency permit must complete an application form and must sign 13.5 an affidavit describing the emergency situation. An emergency 13.6 permit applicant does not need to provide evidence of training. 13.7 An emergency permit is valid for 30 days, may not be renewed, 13.8 and may be revoked without a hearing. No fee may be charged for 13.9 an emergency permit. An emergency permit holder may seek a 13.10 regular permit under subdivision 3 and is subject to the other 13.11 applicable provisions of this section. 13.12 Sec. 15. Minnesota Statutes 2002, section 624.714, 13.13 subdivision 12, is amended to read: 13.14 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 13.15 person aggrieved by denial or revocation of a permit to carry 13.16 may appeal the denialby petition to the district court having 13.17 jurisdiction over the county or municipality wherein the13.18 notification or denial occurredwhere the application was 13.19 submitted. The petition must list the sheriff as the 13.20 respondent. The district court must hold a hearing at the 13.21 earliest practicable date and in any event no later than 60 days 13.22 following the filing of the petition for review. The court may 13.23 not grant or deny any relief before the completion of the 13.24 hearing. The record of the hearing must be sealed. The matter 13.25 shallmust be heard de novo without a jury. 13.26 (b) The court must issue its writ of mandamus directing 13.27 that the permit be issued and order other appropriate relief 13.28 unless the sheriff establishes by clear and convincing evidence 13.29 (1) that the applicant is disqualified under the criteria 13.30 described in subdivision 2, paragraph (b), or (2) that there is 13.31 a substantial likelihood that the applicant is dangerous to the 13.32 public if authorized to carry a pistol under a permit. 13.33 (c) The applicant's dangerousness to the public under 13.34 paragraph (b), clause (2), may only be established by the 13.35 applicant's criminal or noncriminal history, within the past 13.36 three years, involving: 14.1 (1) behavioral incidents of violence that were 14.2 contemporaneously investigated and documented, not including 14.3 incidents for which the applicant was charged and acquitted; 14.4 (2) a condition of mental impairment. For purposes of this 14.5 paragraph, "mental impairment" means a "mentally ill person," 14.6 "mentally retarded person," or "a person mentally ill and 14.7 dangerous to the public" as those terms are defined in section 14.8 253B.02; or 14.9 (3) being listed on the criminal gang investigative data 14.10 system under section 299C.091. 14.11 (d) If an applicant is denied a permit on the grounds of 14.12 being dangerous to the public under paragraph (c), clause (3), 14.13 the person may challenge the denial, after disclosure under 14.14 court supervision of the reason for that listing, based on 14.15 grounds that the person: 14.16 (1) was erroneously identified as a person in the data 14.17 system; 14.18 (2) was improperly included in the data system according to 14.19 the criteria outlined in section 299C.091, subdivision 2, 14.20 paragraph (b); or 14.21 (3) has demonstrably withdrawn from the activities and 14.22 associations that led to inclusion in the data system. 14.23 (e) If the court grants a petition brought under paragraph 14.24 (a), the court must award the applicant or permit holder 14.25 reasonable costs and expenses including attorney fees. 14.26 Sec. 16. Minnesota Statutes 2002, section 624.714, is 14.27 amended by adding a subdivision to read: 14.28 Subd. 12a. [SUSPENSION AS CONDITION OF RELEASE.] The 14.29 district court may order suspension of the application process 14.30 for a permit or suspend the permit of a permit holder as a 14.31 condition of release pursuant to the same criteria as the 14.32 surrender of firearms under section 629.715. A permit 14.33 suspension must be promptly reported to the issuing sheriff. If 14.34 the permit holder has an out-of-state permit recognized under 14.35 subdivision 16, the court must promptly report the suspension to 14.36 the commissioner of public safety for inclusion in the database 15.1 under subdivision 15, paragraph (a). 15.2 Sec. 17. Minnesota Statutes 2002, section 624.714, is 15.3 amended by adding a subdivision to read: 15.4 Subd. 14. [RECORDS.] (a) A sheriff must not maintain 15.5 records or data collected, made, or held under this section 15.6 concerning any applicant or permit holder that are not necessary 15.7 under this section to support a permit that is outstanding or 15.8 eligible for renewal under subdivision 7, paragraph (b). 15.9 Notwithstanding section 138.163, sheriffs must completely purge 15.10 all files and databases by March 1 of each year to delete all 15.11 information collected under this section concerning all persons 15.12 who are no longer current permit holders or currently eligible 15.13 to renew their permit. 15.14 (b) Paragraph (a) does not apply to records or data 15.15 concerning an applicant or permit holder who has had a permit 15.16 denied or revoked under the criteria established in subdivision 15.17 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 15.18 clause (3), for a period of six years from the date of the 15.19 denial or revocation. 15.20 Sec. 18. Minnesota Statutes 2002, section 624.714, is 15.21 amended by adding a subdivision to read: 15.22 Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 15.23 DATABASE.] (a) The commissioner of public safety must maintain 15.24 an automated database of persons authorized to carry pistols 15.25 under this section that is available 24 hours a day, seven days 15.26 a week, to law enforcement agencies, including prosecutors 15.27 carrying out their duties under subdivision 8a, solely to verify 15.28 the validity of a permit. 15.29 (b) The commissioner of public safety may contract with one 15.30 or more vendors to implement the commissioner's duties under 15.31 this section. 15.32 Sec. 19. Minnesota Statutes 2002, section 624.714, is 15.33 amended by adding a subdivision to read: 15.34 Subd. 16. [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 15.35 The attorney general must establish and publish a list of other 15.36 states that have laws governing the issuance of permits to carry 16.1 weapons that are not substantially similar to this section. The 16.2 list must be available on the Internet. A person holding a 16.3 carry permit from a state not on the list may use the license or 16.4 permit in this state subject to the rights, privileges, and 16.5 requirements of this section. 16.6 (b) Notwithstanding paragraph (a), no license or permit 16.7 from another state is valid in this state if the holder is or 16.8 becomes prohibited by law from possessing a firearm. 16.9 (c) Any sheriff or police chief may file a petition under 16.10 subdivision 12 seeking an order suspending or revoking an 16.11 out-of-state permit holder's authority to carry a pistol in this 16.12 state on the grounds set forth in subdivision 6, paragraph (a), 16.13 clause (3). An order shall only be issued if the petitioner 16.14 establishes the criteria required under subdivision 12. If the 16.15 court denies the petition, the court must award the permit 16.16 holder reasonable costs and expenses including attorney fees. 16.17 The petition may be filed in any county in the state where a 16.18 person holding a license or permit from another state can be 16.19 found. 16.20 Sec. 20. Minnesota Statutes 2002, section 624.714, is 16.21 amended by adding a subdivision to read: 16.22 Subd. 17. [IMMUNITY.] Neither a sheriff, police chief, any 16.23 employee of a sheriff or police chief involved in the permit 16.24 issuing process, nor any certified instructor is liable for 16.25 damages resulting or arising from acts with a firearm committed 16.26 by a permit holder, unless the person had actual knowledge at 16.27 the time the permit was issued or the instruction was given that 16.28 the applicant was prohibited by law from possessing a firearm. 16.29 Sec. 21. Minnesota Statutes 2002, section 624.714, is 16.30 amended by adding a subdivision to read: 16.31 Subd. 18. [MONITORING.] (a) By March 1, 2004, and each 16.32 year thereafter, the commissioner of public safety must report 16.33 to the legislature on: 16.34 (1) the number of permits applied for, issued, suspended, 16.35 revoked, and denied, further categorized by the age, sex, and 16.36 zip code of the applicant or permit holder, since the previous 17.1 submission, and in total; 17.2 (2) the number of permits currently valid; 17.3 (3) the specific reasons for each suspension, revocation, 17.4 and denial and the number of reversed, canceled, or corrected 17.5 actions; 17.6 (4) the number of convictions and types of crimes committed 17.7 since the previous submission, and in total, by individuals with 17.8 permits including data as to whether a firearm lawfully carried 17.9 solely by virtue of a permit was actually used in furtherance of 17.10 the crime; 17.11 (5) to the extent known or determinable, data on the lawful 17.12 and justifiable use of firearms by permit holders; and 17.13 (6) the status of the segregated funds reported to the 17.14 commissioner under subdivision 19. 17.15 (b) Sheriffs and police chiefs must supply the department 17.16 of public safety with the basic data the department requires to 17.17 complete the report under paragraph (a). Sheriffs and police 17.18 chiefs may submit data classified as private to the department 17.19 of public safety under this paragraph. 17.20 (c) Copies of the report under paragraph (a) must be made 17.21 available to the public at the actual cost of duplication. 17.22 (d) Nothing contained in any provision of this section or 17.23 any other law requires or authorizes the registration, 17.24 documentation, collection, or providing of serial numbers or 17.25 other data on firearms or on firearms' owners. 17.26 Sec. 22. Minnesota Statutes 2002, section 624.714, is 17.27 amended by adding a subdivision to read: 17.28 Subd. 19. [USE OF FEES.] Fees collected by sheriffs under 17.29 this section and not forwarded to the commissioner of public 17.30 safety must be used only to pay the direct costs of 17.31 administering this section. Fee money may be used to pay the 17.32 costs of appeals of prevailing applicants or permit holders 17.33 under subdivision 8, paragraph (c); subdivision 12, paragraph 17.34 (e); and subdivision 16, paragraph (c). The revenues must be 17.35 maintained in a segregated fund. By December 31 of each year, a 17.36 sheriff must report to the commissioner on the following aspects 18.1 of the sheriff's segregated fund: 18.2 (1) nature and amount of revenues; 18.3 (2) nature and amount of expenditures; and 18.4 (3) nature and amount of balances. 18.5 Sec. 23. Minnesota Statutes 2002, section 624.714, is 18.6 amended by adding a subdivision to read: 18.7 Subd. 20. [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 18.8 section may be cited as the Minnesota Citizens' Personal 18.9 Protection Act of 2003. The legislature of the state of 18.10 Minnesota recognizes and declares that the second amendment of 18.11 the United States Constitution guarantees the fundamental, 18.12 individual right to keep and bear arms. The provisions of this 18.13 section are declared to be necessary to accomplish compelling 18.14 state interests in regulation of those rights. The terms of 18.15 this section must be construed according to the compelling state 18.16 interest test. The invalidation of any provision of this 18.17 section shall not invalidate any other provision. 18.18 Sec. 24. Minnesota Statutes 2002, section 624.714, is 18.19 amended by adding a subdivision to read: 18.20 Subd. 21. [EXCLUSIVITY.] This section sets forth the 18.21 complete and exclusive criteria and procedures for the issuance 18.22 of permits to carry and establishes their nature and scope. No 18.23 sheriff, police chief, or other person may change, modify, or 18.24 supplement these criteria or procedures, or limit the exercise 18.25 of a permit to carry. 18.26 Sec. 25. [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 18.27 ALCOHOL OR A CONTROLLED SUBSTANCE.] 18.28 Subdivision 1. [ACTS PROHIBITED.] A person may not carry a 18.29 pistol on or about the person's clothes or person in a public 18.30 place: 18.31 (1) when the person is under the influence of a controlled 18.32 substance, as defined in section 152.01, subdivision 4; 18.33 (2) when the person is under the influence of a combination 18.34 of any two or more of the elements named in clauses (1) and (4); 18.35 (3) when the person is knowingly under the influence of any 18.36 chemical compound or combination of chemical compounds that is 19.1 listed as a hazardous substance in rules adopted under section 19.2 182.655 and that affects the nervous system, brain, or muscles 19.3 of the person so as to impair the person's clearness of 19.4 intellect or physical control; 19.5 (4) when the person is under the influence of alcohol; 19.6 (5) when the person's alcohol concentration is 0.10 or 19.7 more; or 19.8 (6) when the person's alcohol concentration is less than 19.9 0.10, but more than 0.04. 19.10 Subd. 2. [ARREST.] A peace officer may arrest a person for 19.11 a violation under subdivision 1 without a warrant upon probable 19.12 cause, without regard to whether the violation was committed in 19.13 the officer's presence. 19.14 Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer 19.15 authorized under subdivision 2 to make arrests has reason to 19.16 believe that the person may be violating or has violated 19.17 subdivision 1, the officer may require the person to provide a 19.18 breath sample for a preliminary screening test using a device 19.19 approved by the commissioner of public safety for this purpose. 19.20 The results of the preliminary screening test must be used for 19.21 the purpose of deciding whether an arrest should be made under 19.22 this section and whether to require the chemical tests 19.23 authorized in section 624.7143, but may not be used in any court 19.24 action except: (1) to prove that the test was properly required 19.25 of a person under section 624.7143, or (2) in a civil action 19.26 arising out of the use of the pistol. Following the preliminary 19.27 screening test, additional tests may be required of the person 19.28 as provided under section 624.7143. A person who refuses a 19.29 breath sample is subject to the provisions of section 624.7143 19.30 unless, in compliance with that section, the person submits to a 19.31 blood, breath, or urine test to determine the presence of 19.32 alcohol or a controlled substance. 19.33 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 19.34 subdivision 1, the admission of evidence of the amount of 19.35 alcohol or a controlled substance in the person's blood, breath, 19.36 or urine is governed by section 169A.45. 20.1 Subd. 5. [SUSPENSION.] A person who is charged with a 20.2 violation under this section may have their authority to carry a 20.3 pistol under the provisions of section 624.714 suspended by the 20.4 court as a condition of release. 20.5 Subd. 6. [PENALTIES.] (a) A person who violates a 20.6 prohibition under subdivision 1, clauses (1) to (5), is guilty 20.7 of a misdemeanor. A second or subsequent violation is a gross 20.8 misdemeanor. 20.9 (b) A person who violates subdivision 1, clause (6), is 20.10 guilty of a petty misdemeanor. A second or subsequent violation 20.11 within a year of the first violation is a misdemeanor. 20.12 (c) In addition to the penalty imposed under paragraph (a), 20.13 if a person violates subdivision 1, clauses (1) to (5), the 20.14 person's authority to carry a pistol in a public place on or 20.15 about the person's clothes or person under the provisions of 20.16 section 624.714 is revoked and the person may not reapply for a 20.17 period of one year from the date of conviction. 20.18 (d) In addition to the penalty imposed under paragraph (b), 20.19 if a person violates subdivision 1, clause (6), as a petty 20.20 misdemeanor the person's authority to carry a pistol in a public 20.21 place on or about the person's clothes or person under the 20.22 provisions of section 624.714, is suspended for 60 days from the 20.23 date of judgment. If the person violates subdivision 1, clause 20.24 (6), as a misdemeanor, the period of suspension is for 180 days 20.25 from the date of conviction. 20.26 (e) Notwithstanding section 609.531, a firearm carried in 20.27 violation of subdivision 1, clause (6), is not subject to 20.28 forfeiture. 20.29 Subd. 7. [REPORTING.] Suspensions and revocations under 20.30 this section must be reported in the same manner as in 20.31 subdivision 12a. 20.32 Sec. 26. [624.7143] [CHEMICAL TESTING.] 20.33 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 20.34 carries a pistol in a public place on or about the person's 20.35 clothes or person is required, subject to the provisions of this 20.36 section, to take or submit to a test of the person's blood, 21.1 breath, or urine for the purpose of determining the presence and 21.2 amount of alcohol or a controlled substance. The test shall be 21.3 administered at the direction of an officer authorized to make 21.4 arrests under section 624.7142. Taking or submitting to the 21.5 test is mandatory when requested by an officer who has probable 21.6 cause to believe the person was carrying a pistol in violation 21.7 of section 624.7142, and one of the following conditions exists: 21.8 (1) the person has been lawfully placed under arrest for 21.9 violating section 624.7142; 21.10 (2) the person has been involved while carrying a firearm 21.11 in a firearms-related accident resulting in property damage, 21.12 personal injury, or death; 21.13 (3) the person has refused to take the preliminary 21.14 screening test provided for in section 624.7142; or 21.15 (4) the screening test was administered and indicated an 21.16 alcohol concentration of 0.04 or more. 21.17 Subd. 2. [PENALTIES; REFUSAL; REVOCATION.] If a person 21.18 refuses to take a test required under subdivision 1, none must 21.19 be given but the officer shall report the refusal to the sheriff 21.20 and to the authority having responsibility for prosecution of 21.21 misdemeanor offenses for the jurisdiction in which the incident 21.22 occurred that gave rise to the test demand and refusal. On 21.23 certification by the officer that probable cause existed to 21.24 believe the person had been carrying a pistol on or about the 21.25 person's clothes or person in a public place while under the 21.26 influence of alcohol or a controlled substance, and that the 21.27 person refused to submit to testing, a court may impose a civil 21.28 penalty of $500 and may revoke the person's authority to carry a 21.29 pistol in a public place on or about the person's clothes or 21.30 person under the provisions of section 624.714 for a period of 21.31 one year from the date of the refusal. The person shall be 21.32 accorded notice and an opportunity to be heard prior to 21.33 imposition of the civil penalty or the revocation. 21.34 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 21.35 requested, the person must be informed that: 21.36 (1) Minnesota law requires a person to take a test to 22.1 determine if the person is under the influence of alcohol or a 22.2 controlled substance; 22.3 (2) if the person refuses to take the test, the person is 22.4 subject to a civil penalty of $500 and is prohibited for a 22.5 period of one year from carrying a pistol in a public place on 22.6 or about the person's clothes or person, as provided under 22.7 subdivision 2; and 22.8 (3) that the person has the right to consult with an 22.9 attorney, but that this right is limited to the extent it cannot 22.10 unreasonably delay administration of the test or the person will 22.11 be deemed to have refused the test. 22.12 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 22.13 Notwithstanding subdivision 1, if there is probable cause to 22.14 believe there is impairment by a controlled substance that is 22.15 not subject to testing by a breath test, a blood or urine test 22.16 may be required even after a breath test has been administered. 22.17 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 22.18 under this section are governed by section 169A.51 in all 22.19 aspects that are not inconsistent with this section. 22.20 Sec. 27. [APPROPRIATION.] 22.21 $....... is appropriated in fiscal year 2004 from the 22.22 general fund to the commissioner of public safety to implement 22.23 the provisions of sections 1 to 26. 22.24 Sec. 28. [GRANDFATHER CLAUSE.] 22.25 Permits to carry pistols issued prior to the effective date 22.26 of sections 1 to 26 remain in effect and are valid under the 22.27 terms of issuance until the date of expiration applicable at the 22.28 time of issuance. However, a person holding a permit that was 22.29 issued prior to the effective date of sections 1 to 26 may 22.30 nevertheless apply for a permit under the terms and conditions 22.31 of sections 1 to 26. 22.32 Sec. 29. [REPEALER.] 22.33 Minnesota Statutes 2002, section 624.714, subdivisions 1 22.34 and 5, are repealed. 22.35 Sec. 30. [EFFECTIVE DATE.] 22.36 Sections 1 to 29 are effective August 1, 2003, and apply to 23.1 crimes committed on or after that date, except that the attorney 23.2 general must promulgate the list required under section 19 23.3 within 90 days of final enactment.