SF 853

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; amending the pistol 
  1.3             permit law; creating a three-member review board to 
  1.4             consider appeals of pistol permit denials; authorizing 
  1.5             rulemaking; amending Minnesota Statutes 2002, section 
  1.6             624.714, subdivision 12, by adding a subdivision.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 624.714, 
  1.9   subdivision 12, is amended to read: 
  1.10     Subd. 12.  [HEARING UPON DENIAL.] Any person aggrieved by 
  1.11  denial of a permit to carry may appeal the denial to the 
  1.12  district court having jurisdiction over the county or 
  1.13  municipality wherein the notification or denial occurred.  The 
  1.14  matter shall be heard de novo without a jury seek administrative 
  1.15  review of the denial by petition to the pistol permit review 
  1.16  board.  The petition must list the issuing authority as the 
  1.17  respondent and must include the reasons why the person believes 
  1.18  the application was improperly denied.  The petition may include 
  1.19  supporting documents or affidavits.  The petition must be 
  1.20  delivered by first class mail to the board and to the issuing 
  1.21  authority.  The issuing authority may respond in writing to the 
  1.22  petition and submit supporting documentation.  This response 
  1.23  must be delivered by first class mail to the person appealing 
  1.24  the denial and to the board.  The board may direct either party 
  1.25  to provide additional information in writing.  Without holding a 
  1.26  hearing and after reviewing the information submitted by both 
  2.1   parties, the board shall decide whether to order the issuing 
  2.2   authority to issue a permit.  This review is a de novo review.  
  2.3   The board may adopt rules to carry out its responsibilities 
  2.4   under this subdivision.  The board's order constitutes the final 
  2.5   decision in the case.  A party aggrieved by the final decision 
  2.6   is entitled to judicial review of the decision under sections 
  2.7   14.63 to 14.69, except that the district court, instead of the 
  2.8   court of appeals, shall conduct the review in accordance with 
  2.9   those provisions.  
  2.10     Sec. 2.  Minnesota Statutes 2002, section 624.714, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 12a.  [PISTOL PERMIT REVIEW BOARD.] The pistol permit 
  2.13  review board consists of:  
  2.14     (1) a sheriff, appointed by the president of the Minnesota 
  2.15  Sheriff's Association; 
  2.16     (2) a police chief, appointed by the president of the 
  2.17  Minnesota Chiefs of Police Association; and 
  2.18     (3) a peace officer, appointed by the executive director of 
  2.19  the Minnesota Police and Peace Officers Association.  
  2.20     The board may elect a chair from among its members.  
  2.21  Members of the board shall serve a two-year term.  The 
  2.22  department of public safety shall supply necessary office space 
  2.23  and support staff to the board.  The board shall conduct reviews 
  2.24  of denied permit applications as provided in subdivision 12.  
  2.25  Board members may be compensated for their expenses as provided 
  2.26  in section 15.0575, subdivision 3.  
  2.27     Sec. 3.  [EFFECTIVE DATE.] 
  2.28     Sections 1 and 2 are effective August 1, 2003.