SF 932

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; changing the pistol 
  1.3             permit issuing law from a discretionary to a 
  1.4             nondiscretionary standard; making other changes to the 
  1.5             pistol permitting law; providing criminal penalties; 
  1.6             appropriating money; amending Minnesota Statutes 2002, 
  1.7             sections 609.66, subdivision 1d; 624.714, subdivisions 
  1.8             1, 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 624; repealing Minnesota Statutes 2002, 
  1.11            section 624.714, subdivision 5. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 609.66, 
  1.14  subdivision 1d, is amended to read: 
  1.15     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.16  Whoever possesses, stores, or keeps a dangerous weapon or uses 
  1.17  or brandishes a replica firearm or a BB gun on school property 
  1.18  is guilty of a felony and may be sentenced to imprisonment for 
  1.19  not more than two years or to payment of a fine of not more than 
  1.20  $5,000, or both. 
  1.21     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.22  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.23     (c) As used in this subdivision: 
  1.24     (1) "BB gun" means a device that fires or ejects a shot 
  1.25  measuring .18 of an inch or less in diameter; 
  1.26     (2) "dangerous weapon" has the meaning given it in section 
  1.27  609.02, subdivision 6; 
  1.28     (3) "replica firearm" has the meaning given it in section 
  2.1   609.713; and 
  2.2      (4) "school property" means: 
  2.3      (i) a public or private elementary, middle, or secondary 
  2.4   school building and its grounds, whether leased or owned by the 
  2.5   school; and 
  2.6      (ii) the area within a school bus when that bus is being 
  2.7   used to transport one or more elementary, middle, or secondary 
  2.8   school students. 
  2.9      (d) This subdivision does not apply to: 
  2.10     (1) licensed peace officers, military personnel, or 
  2.11  students participating in military training, who are performing 
  2.12  official duties; 
  2.13     (2) persons who carry pistols according to the terms of a 
  2.14  permit authorized to carry a pistol under section 624.714 while 
  2.15  in a motor vehicle or outside of a motor vehicle to directly 
  2.16  place a firearm in, or retrieve it from, the trunk or rear area 
  2.17  of the vehicle; 
  2.18     (3) persons who keep or store in a motor vehicle pistols in 
  2.19  accordance with sections 624.714 and 624.715 or other firearms 
  2.20  in accordance with section 97B.045; 
  2.21     (4) firearm safety or marksmanship courses or activities 
  2.22  conducted on school property; 
  2.23     (5) possession of dangerous weapons, BB guns, or replica 
  2.24  firearms by a ceremonial color guard; 
  2.25     (6) a gun or knife show held on school property; or 
  2.26     (7) possession of dangerous weapons, BB guns, or replica 
  2.27  firearms with written permission of the principal. 
  2.28     Sec. 2.  Minnesota Statutes 2002, section 624.714, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [PENALTY.] (a) As used in this subdivision, 
  2.31  "peace officer" has the meaning given in section 626.84, 
  2.32  subdivision 1. 
  2.33     (b) A person, other than a law enforcement peace officer 
  2.34  who has authority to make arrests other than citizens arrests, 
  2.35  who carries, holds or possesses a pistol in a motor vehicle, 
  2.36  snowmobile or boat, or on or about the person's clothes or the 
  3.1   person, or otherwise in possession or control in a public place 
  3.2   or public area without first having obtained a permit to carry 
  3.3   the pistol is guilty of a gross misdemeanor.  A person who is 
  3.4   convicted a second or subsequent time is guilty of a felony.  
  3.5      (b) A person who has been issued a permit and who engages 
  3.6   in activities other than those for which the permit has been 
  3.7   issued, is guilty of a misdemeanor.  (c) The holder of a permit 
  3.8   to carry shall have the permit card and a driver's license, 
  3.9   state identification card, or other government issued 
  3.10  photo-identification in immediate possession at all times when 
  3.11  carrying a pistol and shall display the permit card and 
  3.12  identification document upon lawful demand by a peace officer, 
  3.13  as defined in section 626.84, subdivision 1.  A violation of 
  3.14  this paragraph is a petty misdemeanor.  The fine for a first 
  3.15  offense must not exceed $25.  Notwithstanding section 609.531, a 
  3.16  firearm carried in violation of this paragraph is not subject to 
  3.17  forfeiture.  The permit of a person who violates this paragraph 
  3.18  may be suspended for up to 30 days.  
  3.19     Sec. 3.  Minnesota Statutes 2002, section 624.714, 
  3.20  subdivision 2, is amended to read: 
  3.21     Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
  3.22  PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
  3.23  residents for permits to carry shall be made to the chief of 
  3.24  police of an organized full-time police department of the 
  3.25  municipality where the applicant resides or to the county 
  3.26  sheriff where there is no such local chief of police where the 
  3.27  applicant resides.  At the time of application, the local police 
  3.28  authority shall provide the applicant with a dated receipt for 
  3.29  the application Nonresidents may apply to any sheriff.  A 
  3.30  sheriff shall issue a permit to an applicant who meets the 
  3.31  eligibility requirements of paragraph (b).  
  3.32     (b) A person is eligible for a permit to carry under this 
  3.33  section if the person: 
  3.34     (1) has training in the safe use of a pistol; 
  3.35     (2) is at least 21 years old and a citizen or a permanent 
  3.36  resident of the United States; 
  4.1      (3) completes an application for a permit; 
  4.2      (4) is not prohibited from possessing a firearm under the 
  4.3   following sections: 
  4.4      (i) 518B.01, subdivision 14; 
  4.5      (ii) 609.224, subdivision 3; 
  4.6      (iii) 609.2242, subdivision 3; 
  4.7      (iv) 609.749, subdivision 8; 
  4.8      (v) 624.713; 
  4.9      (vi) 624.719; 
  4.10     (vii) 629.715, subdivision 2; or 
  4.11     (viii) 629.72, subdivision 2; 
  4.12     (5) has not been convicted in this state or any other state 
  4.13  or under federal law of a felony; 
  4.14     (6) has not, in the five years preceding the date of 
  4.15  application, been convicted in this state or any other state or 
  4.16  under federal law of a misdemeanor or a gross misdemeanor; 
  4.17     (7) is not currently charged in this state or any other 
  4.18  state or under federal law with a felony, gross misdemeanor, or 
  4.19  misdemeanor; 
  4.20     (8) has not, in the ten years preceding the date of 
  4.21  application, been adjudicated delinquent or convicted as an 
  4.22  extended jurisdiction juvenile in this state or any other state 
  4.23  or under federal law of a felony level offense; 
  4.24     (9) is fully qualified under applicable federal and state 
  4.25  law to purchase a pistol; 
  4.26     (10) is not currently restricted under a court protection 
  4.27  order, a restraining order, or an order for protection, other 
  4.28  than an order solely affecting property interests; 
  4.29     (11) has not made any material misrepresentation, or failed 
  4.30  to disclose any material fact, in this or a previous application 
  4.31  for a permit to carry a pistol; 
  4.32     (12) is not incapable of exercising sound judgment with 
  4.33  respect to the proper use and storage of a pistol; 
  4.34     (13) is not a chemically dependent person; and 
  4.35     (14) is not substantially likely to be dangerous to the 
  4.36  public if authorized to carry a pistol under a permit.  
  5.1      (c) A person is incapable of exercising sound judgment with 
  5.2   respect to the proper use and storage of a pistol under 
  5.3   paragraph (b), clause (12), if: 
  5.4      (1) the person has been diagnosed by a licensed physician 
  5.5   as suffering from a psychiatric disorder or condition that 
  5.6   causes or is likely to cause substantial impairment in judgment, 
  5.7   mood, perception, impulse control, or intellectual ability; 
  5.8      (2) the person suffers from a psychiatric disorder or 
  5.9   condition described in clause (1) that: 
  5.10     (i) is in remission but is reasonably likely to redevelop 
  5.11  at a future time; or 
  5.12     (ii) requires continuous medical treatment to avoid 
  5.13  redevelopment; 
  5.14     (3) the person has been diagnosed by a licensed physician 
  5.15  or declared by a court to be incompetent to manage the person's 
  5.16  own affairs; or 
  5.17     (4) the person has entered in any criminal proceeding a 
  5.18  plea of not guilty by reason of insanity. 
  5.19     (d) The following are evidence that a person has a 
  5.20  psychiatric disorder or condition under paragraph (c): 
  5.21     (1) involuntary psychiatric hospitalization in the 
  5.22  preceding five-year period; 
  5.23     (2) psychiatric hospitalization in the preceding two-year 
  5.24  period; 
  5.25     (3) use of psychotropic medication during the preceding 
  5.26  two-year period; 
  5.27     (4) inpatient or residential substance abuse treatment in 
  5.28  the preceding five-year period; 
  5.29     (5) diagnosis in the preceding five-year period by a 
  5.30  licensed physician that the person is dependent on alcohol, a 
  5.31  controlled substance, or a similar substance; or 
  5.32     (6) diagnosis at any time by a licensed physician that the 
  5.33  person suffers or has suffered from a psychiatric disorder or 
  5.34  condition consisting of or relating to: 
  5.35     (i) schizophrenia or delusional disorder; 
  5.36     (ii) bipolar disorder; 
  6.1      (iii) chronic dementia, whether caused by illness, brain 
  6.2   defect, or brain injury; 
  6.3      (iv) dissociative identity disorder; 
  6.4      (v) intermittent explosive disorder; or 
  6.5      (vi) antisocial personality disorder. 
  6.6   A person who has previously been diagnosed as suffering from a 
  6.7   psychiatric disorder or condition is not because of that 
  6.8   disorder or condition incapable of exercising sound judgment 
  6.9   under paragraph (b), clause (12), with respect to the proper use 
  6.10  and storage of a handgun, if the person provides a certificate 
  6.11  from a licensed physician whose primary practice is in the field 
  6.12  of psychiatry stating that the psychiatric disorder or condition 
  6.13  is in remission and is not reasonably likely to develop at a 
  6.14  future time. 
  6.15     (e) A person is a chemically dependent person under 
  6.16  paragraph (b), clause (13), if the person frequently or 
  6.17  repeatedly becomes intoxicated by excessive indulgence in 
  6.18  alcohol or uses controlled substances or dangerous drugs so as 
  6.19  to acquire a fixed habit and an involuntary tendency to become 
  6.20  intoxicated or use those substances as often as the opportunity 
  6.21  is presented.  A person who has been convicted or adjudicated 
  6.22  delinquent two times within the ten-year period preceding an 
  6.23  application under this section of an offense that involves the 
  6.24  use of alcohol or a controlled substance as a statutory element 
  6.25  is a chemically dependent person for purposes of this section 
  6.26  and is ineligible for a permit.  However, this does not preclude 
  6.27  other persons being found ineligible as chemically dependent if 
  6.28  other evidence exists to show that the person is a chemically 
  6.29  dependent person. 
  6.30     (f) A permit to carry a pistol issued or recognized under 
  6.31  this section is a state permit and is effective throughout the 
  6.32  state. 
  6.33     (g) A sheriff may contract with a police chief to process 
  6.34  permit applications under this section.  If a sheriff contracts 
  6.35  with a police chief, the sheriff remains the issuing authority 
  6.36  and the police chief acts as the sheriff's agent.  If a sheriff 
  7.1   contracts with a police chief, all of the provisions of this 
  7.2   section apply. 
  7.3      Sec. 4.  Minnesota Statutes 2002, section 624.714, is 
  7.4   amended by adding a subdivision to read: 
  7.5      Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  7.6   applicant shall present evidence that the applicant received 
  7.7   training in the safe use of a pistol within four years of the 
  7.8   date of an original or renewal application.  Training may be 
  7.9   demonstrated by: 
  7.10     (1) licensure as a peace officer in the state of Minnesota; 
  7.11  or 
  7.12     (2) completion of a firearms safety or training course 
  7.13  providing at least ten hours and not more than 15 hours of basic 
  7.14  training in the safe use of a pistol and conducted by a 
  7.15  certified instructor. 
  7.16     (b) Basic training must include: 
  7.17     (1) instruction in the fundamentals of pistol use; 
  7.18     (2) successful completion of an actual shooting 
  7.19  qualification exercise; 
  7.20     (3) instruction in nonviolent dispute resolution; 
  7.21     (4) instruction in proper storage practices for pistols 
  7.22  with an emphasis on those that reduce the possibility of 
  7.23  accidental injury to a child; and 
  7.24     (5) instruction in the fundamental legal aspects of pistol 
  7.25  possession, carry, and use, including self-defense and the 
  7.26  restrictions on the use of deadly force. 
  7.27     (c) A person qualifies as a certified instructor if the 
  7.28  person is certified as a firearms instructor within the past 
  7.29  four years by: 
  7.30     (1) the bureau of criminal apprehension, training and 
  7.31  development section; 
  7.32     (2) the Minnesota Association of Law Enforcement Firearms 
  7.33  Instructors; 
  7.34     (3) the National Rifle Association; 
  7.35     (4) the American Association of Certified Firearms 
  7.36  Instructors; 
  8.1      (5) the peace officer standards and training board of this 
  8.2   state or a similar agency of another state that certifies 
  8.3   firearms instructors; 
  8.4      (6) the department of natural resources of this state or a 
  8.5   similar agency of another state that certifies firearms 
  8.6   instructors; or 
  8.7      (7) the department of public safety of this state or a 
  8.8   similar agency of another state that certifies firearms 
  8.9   instructors. 
  8.10     (d) A sheriff shall accept the training described in this 
  8.11  subdivision as meeting the requirement in this section for 
  8.12  training in the safe use of a pistol.  
  8.13     Sec. 5.  Minnesota Statutes 2002, section 624.714, 
  8.14  subdivision 3, is amended to read: 
  8.15     Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  8.16  Applications for permits to carry shall must be an official, 
  8.17  standardized application form, adopted under section 624.7151, 
  8.18  and must set forth in writing only the following information: 
  8.19     (1) the applicant's full name, residence, telephone number, 
  8.20  and driver's license number or nonqualification certificate 
  8.21  number, if any, of the applicant or state identification card 
  8.22  number; 
  8.23     (2) the applicant's sex, race, date and place of birth, 
  8.24  height, weight, and color of eyes and hair, and distinguishing 
  8.25  physical characteristics, if any, of the applicant; 
  8.26     (3) a statement that the applicant authorizes the release 
  8.27  to the local police authority sheriff of commitment information 
  8.28  about the applicant maintained by the commissioner of human 
  8.29  services or any similar agency or department of another state 
  8.30  where the applicant has resided, to the extent that the 
  8.31  information relates to the applicant's eligibility to possess a 
  8.32  pistol or semiautomatic military-style assault weapon under 
  8.33  section 624.713, subdivision 1 for a permit under this section; 
  8.34     (4) a statement by the applicant that the applicant is not 
  8.35  prohibited by section 624.713 from possessing a pistol or 
  8.36  semiautomatic military-style assault weapon; and the applicant's 
  9.1   residence and business addresses for the preceding five years; 
  9.2      (5) the applicant's criminal history record, including a 
  9.3   list of offenses for which the applicant was arrested, charged, 
  9.4   or under indictment, and the disposition of the offenses; 
  9.5      (6) the applicant's history during the preceding five 
  9.6   years, if any, of treatment received by, commitment to, or 
  9.7   residence in: 
  9.8      (i) a drug or alcohol treatment center licensed to provide 
  9.9   drug or alcohol treatment under the laws of this state or 
  9.10  another state; or 
  9.11     (ii) a psychiatric hospital; 
  9.12     (7) a statement by the applicant that the applicant is 
  9.13  eligible for a permit under this section; 
  9.14     (8) a statement by the applicant authorizing the sheriff to 
  9.15  inquire into any noncriminal records that are necessary to 
  9.16  determine the applicant's eligibility for a permit under this 
  9.17  section; and 
  9.18     (9) a statement by the applicant that the applicant has 
  9.19  read and understands the laws of the state relating to firearms. 
  9.20     (5) a recent color photograph of the applicant. 
  9.21  The application shall be signed and dated by the 
  9.22  applicant.  (b) The statement under paragraph (a), clause (3), 
  9.23  must comply with any applicable requirements of Code of Federal 
  9.24  Regulations, title 42, sections 2.31 to 2.35, with respect to 
  9.25  consent to disclosure of alcohol or drug abuse patient records. 
  9.26     (c) An applicant shall submit to the sheriff an application 
  9.27  packet consisting only of the following items: 
  9.28     (1) a completed application form, signed and dated by the 
  9.29  applicant; 
  9.30     (2) a certificate issued by a certified instructor 
  9.31  described under subdivision 2a attesting that the applicant has 
  9.32  successfully completed a pistol training class complying with 
  9.33  the requirements of subdivision 2a or proof that the applicant 
  9.34  is licensed as a peace officer in the state of Minnesota; 
  9.35     (3) a certified copy of the applicant's birth certificate 
  9.36  or certified proof of age; 
 10.1      (4) two sets of legible and classifiable fingerprints of 
 10.2   the applicant; 
 10.3      (5) two recent passport photographs or other comparable 
 10.4   images of the applicant in which the head, including hair, is 
 10.5   clearly visible; 
 10.6      (6) the application fee; and 
 10.7      (7) an accurate photocopy of the applicant's current 
 10.8   driver's license, state identification card, or the photo page 
 10.9   of the applicant's passport. 
 10.10     (d) Applications must be submitted in person. 
 10.11     (e) The sheriff shall charge a nonrefundable new 
 10.12  application processing fee in an amount not to exceed $140.  Of 
 10.13  this amount, $35 must be submitted to the commissioner of public 
 10.14  safety and deposited into the general fund. 
 10.15     (f) Forms for new and renewal applications must be 
 10.16  available at all sheriffs' offices and the commissioner of 
 10.17  public safety shall make the forms available on the Internet. 
 10.18     (g) Application forms must clearly display a notice that a 
 10.19  permit, if granted, is void and must be immediately returned to 
 10.20  the sheriff if the permit holder is or becomes prohibited by law 
 10.21  from possessing a firearm or is or becomes no longer eligible 
 10.22  for a permit under this section.  The notice must list the 
 10.23  applicable factors that make a person a prohibited or ineligible 
 10.24  person.  
 10.25     (h) Upon receipt of an application packet and the required 
 10.26  fee, the sheriff shall provide a signed receipt indicating the 
 10.27  date of submission. 
 10.28     Sec. 6.  Minnesota Statutes 2002, section 624.714, 
 10.29  subdivision 4, is amended to read: 
 10.30     Subd. 4.  [INVESTIGATION.] (a) The application authority 
 10.31  sheriff shall check criminal records, histories, and warrant 
 10.32  information on each applicant through the Minnesota Crime 
 10.33  Information System.  The chief of police or sheriff shall and, 
 10.34  to the extent necessary, the National Instant Check System or 
 10.35  other relevant federal database.  The sheriff shall also make a 
 10.36  reasonable effort to check other available state and local 
 11.1   record-keeping systems.  The sheriff shall obtain commitment 
 11.2   information from the commissioner of human services as provided 
 11.3   in section 245.041. or, if the information is reasonably 
 11.4   available, as provided by a similar statute from another state.  
 11.5   In addition, the sheriff may conduct other investigations 
 11.6   necessary to determine the applicant's eligibility under this 
 11.7   section for a permit. 
 11.8      (b) When an application for a permit is filed under this 
 11.9   section, the sheriff shall notify the chief of police, if any, 
 11.10  of the municipality where the applicant resides.  The police 
 11.11  chief may provide the sheriff with any information relevant to 
 11.12  the issuance of the permit. 
 11.13     (c) The sheriff shall conduct a background check on a 
 11.14  permit holder through the Minnesota Crime Information System 
 11.15  and, to the extent necessary, the National Instant Check System 
 11.16  or other relevant federal database at least yearly to ensure 
 11.17  continuing eligibility.  The sheriff may conduct additional 
 11.18  background checks and eligibility investigations on a permit 
 11.19  holder at any time during the period that a permit is in effect. 
 11.20     (d) The background check described in paragraphs (a) and 
 11.21  (c) must include juvenile delinquency adjudications.  
 11.22  Notwithstanding any other law to the contrary, information 
 11.23  relating to juvenile dispositions must be made available for 
 11.24  purposes of the background check.  
 11.25     (e) The sheriff shall perform the sheriff's duties under 
 11.26  this subdivision as expeditiously as is practical.  
 11.27     Sec. 7.  Minnesota Statutes 2002, section 624.714, 
 11.28  subdivision 6, is amended to read: 
 11.29     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
 11.30  PERMITS.] (a) The sheriff shall, within 60 days after the date 
 11.31  of receipt of the application packet described in subdivision 3: 
 11.32     (1) issue the permit to carry; 
 11.33     (2) deny the application for a permit to carry on the 
 11.34  grounds that the applicant failed to qualify under the criteria 
 11.35  described in subdivision 2 or failed to submit the required 
 11.36  items under subdivision 3; or 
 12.1      (3) notify the applicant in writing that the sheriff is 
 12.2   unable to make a determination on a permit within the 60-day 
 12.3   period and the reason for this, and an estimate of how long it 
 12.4   will likely take for the sheriff to make this determination.  
 12.5   The sheriff shall administer the permitting provisions of this 
 12.6   section expeditiously and in good faith so that applicants who 
 12.7   meet all the eligibility requirements under this section and who 
 12.8   submit all the application materials receive a permit.  The 
 12.9   sheriff may not deny a permit on the basis of an arbitrary or 
 12.10  capricious decision.  
 12.11     (b) Notwithstanding paragraph (a), clause (3), failure of 
 12.12  the chief police officer or the county sheriff to deny the 
 12.13  application or issue a permit to carry a pistol notify the 
 12.14  applicant of the denial of the application within 21 90 days of 
 12.15  after the date of receipt of the application shall be deemed to 
 12.16  be a grant thereof. packet constitutes issuance of the permit to 
 12.17  carry and the sheriff shall promptly fulfill the requirements 
 12.18  under paragraph (c).  To deny the application, the local police 
 12.19  authority sheriff shall provide an the applicant with written 
 12.20  notification of a denial and the specific reason for factual 
 12.21  basis justifying the denial under paragraph (a), clause (2), 
 12.22  including the source of the factual basis.  The sheriff shall 
 12.23  inform the applicant of the applicant's right to submit, within 
 12.24  30 days, any additional documentation relating to the propriety 
 12.25  of the denial.  A chief of police or a sheriff may charge a fee 
 12.26  to cover the cost of conducting a background check, not to 
 12.27  exceed $10.  The permit shall specify the activities for which 
 12.28  it shall be valid.  Upon receiving any additional documentation, 
 12.29  the sheriff shall reconsider the denial and inform the applicant 
 12.30  within 60 days of the result of the reconsideration.  Any denial 
 12.31  after reconsideration must be in the same form and substance as 
 12.32  the original denial and must specifically address any continued 
 12.33  deficiencies in light of the additional documentation submitted 
 12.34  by the applicant.  The applicant shall be informed of the right 
 12.35  to seek de novo review of the denial as provided in subdivision 
 12.36  12. 
 13.1      (c) Upon issuing a permit to carry, the sheriff shall 
 13.2   provide a laminated permit card to the applicant by first class 
 13.3   mail unless personal delivery has been made.  Within five 
 13.4   business days, the sheriff shall submit the information 
 13.5   specified in subdivision 7, paragraph (a), to the commissioner 
 13.6   of public safety for inclusion in the database required under 
 13.7   subdivision 14. 
 13.8      (d) Within five business days of learning that a permit to 
 13.9   carry has been suspended or revoked, the sheriff shall submit 
 13.10  information to the commissioner of public safety regarding the 
 13.11  suspension or revocation for inclusion in the database under 
 13.12  subdivision 14. 
 13.13     (e) Notwithstanding paragraphs (a) to (c), the sheriff 
 13.14  shall suspend the application process if a charge is pending 
 13.15  against the applicant that, if resulting in conviction, will 
 13.16  prohibit the applicant from possessing a firearm or make the 
 13.17  person ineligible for a permit under this section. 
 13.18     Sec. 8.  Minnesota Statutes 2002, section 624.714, 
 13.19  subdivision 7, is amended to read: 
 13.20     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
 13.21  Permits to carry a pistol issued pursuant to this section shall 
 13.22  expire after one year and shall thereafter be renewed in the 
 13.23  same manner and subject to the same provisions by which the 
 13.24  original permit was obtained, except that all renewed permits 
 13.25  must comply with the standards adopted by the commissioner of 
 13.26  public safety under section 624.7161. (a) Permits to carry must 
 13.27  be on an official, standardized permit card adopted by the 
 13.28  commissioner of public safety, containing the full name, 
 13.29  residence address, photograph, hair and eye color, date of 
 13.30  birth, height, weight, driver's license number or state 
 13.31  identification card number, and signature of the permit holder. 
 13.32     (b) The permit card must also identify the issuing sheriff 
 13.33  and state the expiration date of the permit.  The permit card 
 13.34  must clearly display a notice that a permit, if granted, is void 
 13.35  and must be immediately returned to the sheriff if the permit 
 13.36  holder becomes prohibited by law from possessing a firearm or no 
 14.1   longer meets the eligibility requirements described in this 
 14.2   section.  
 14.3      (c) A permit to carry a pistol issued under this section 
 14.4   expires four years after the date of issue.  It may be renewed 
 14.5   in the same manner and under the same criteria which the 
 14.6   original permit was obtained, subject to the following 
 14.7   procedures: 
 14.8      (1) no earlier than 90 days prior to the expiration date on 
 14.9   the permit, the permit holder may renew the permit by submitting 
 14.10  to the appropriate sheriff the application packet described in 
 14.11  subdivision 3 and a nonrefundable renewal processing fee of no 
 14.12  more than $70, as determined by the sheriff.  Of this amount, 
 14.13  $15 must be submitted to the commissioner of public safety and 
 14.14  deposited into the general fund.  The sheriff shall process the 
 14.15  renewal application in accordance with subdivisions 4 and 6; and 
 14.16     (2) a permit holder who submits a renewal application 
 14.17  packet after the expiration date of the permit, but within 30 
 14.18  days after expiration, may renew the permit as provided in 
 14.19  clause (1) by paying an additional late fee of $10. 
 14.20     Sec. 9.  Minnesota Statutes 2002, section 624.714, is 
 14.21  amended by adding a subdivision to read: 
 14.22     Subd. 7a.  [CHANGE OF ADDRESS OR NAME; LOSS OR DESTRUCTION 
 14.23  OF PERMIT.] (a) Within 30 days after changing permanent address 
 14.24  or name, or within 30 days of having lost or destroyed the 
 14.25  permit card, the permit holder shall notify the issuing sheriff 
 14.26  of the change, loss, or destruction.  Failure to provide 
 14.27  notification as required by this subdivision is a petty 
 14.28  misdemeanor.  The fine for a first offense must not exceed $25.  
 14.29  Notwithstanding section 609.531, a firearm carried in violation 
 14.30  of this paragraph is not subject to forfeiture.  The permit of a 
 14.31  person who violates this paragraph may be suspended for up to 30 
 14.32  days.  
 14.33     (b) After notice is given under paragraph (a), a permit 
 14.34  holder may obtain a replacement permit card by paying $10 to the 
 14.35  sheriff.  The request for a replacement permit card must be made 
 14.36  on an official standardized application adopted for this purpose 
 15.1   under section 624.7151, and, except in the case of an address or 
 15.2   name change, must include a notarized statement that the permit 
 15.3   card has been lost or destroyed. 
 15.4      Sec. 10.  Minnesota Statutes 2002, section 624.714, 
 15.5   subdivision 8, is amended to read: 
 15.6      Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
 15.7   shall be is void and is revoked at the time that the holder 
 15.8   becomes prohibited by law from possessing a pistol under section 
 15.9   624.713 firearm or no longer meets the eligibility requirements 
 15.10  described in this section, in which event the holder shall 
 15.11  return the permit card to the issuing sheriff within five 
 15.12  business days to the application authority after the holder 
 15.13  knows or should know that the holder is a prohibited or 
 15.14  ineligible person.  When a permit is revoked under this 
 15.15  subdivision, the sheriff shall give notice to the permit holder 
 15.16  in writing in the same manner as a denial.  Failure of the 
 15.17  holder to return the permit within the five days is a gross 
 15.18  misdemeanor unless the court finds that the circumstances or the 
 15.19  physical or mental condition of the permit holder prevented the 
 15.20  holder from complying with the return requirement. 
 15.21     (b) When a permit holder is convicted of an offense that 
 15.22  prohibits the permit holder from possessing a firearm or makes 
 15.23  the person ineligible to receive a permit under this section, 
 15.24  the court shall revoke the permit and, if it is available, take 
 15.25  possession of it and send it to the issuing sheriff. 
 15.26     Sec. 11.  Minnesota Statutes 2002, section 624.714, is 
 15.27  amended by adding a subdivision to read: 
 15.28     Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 15.29  charged with an offense that would, upon conviction, prohibit 
 15.30  the person from possessing a firearm or make the person 
 15.31  ineligible for a permit under this section, the prosecuting 
 15.32  attorney shall ascertain whether the person is a permit holder 
 15.33  under this section.  If the person is a permit holder, the 
 15.34  prosecutor shall notify the issuing sheriff of the charge.  The 
 15.35  prosecutor shall also notify the sheriff of the final 
 15.36  disposition of the case. 
 16.1      Sec. 12.  Minnesota Statutes 2002, section 624.714, 
 16.2   subdivision 10, is amended to read: 
 16.3      Subd. 10.  [FALSE REPRESENTATIONS.] (a) A person who gives 
 16.4   or causes to be given any false material information in applying 
 16.5   for a permit to carry, knowing or having reason to know the 
 16.6   information is false, is guilty of a gross misdemeanor. 
 16.7      (b) A permit to carry is void and is revoked if a person 
 16.8   gives or causes to be given any false material information when 
 16.9   applying for a permit to carry.  
 16.10     Sec. 13.  Minnesota Statutes 2002, section 624.714, is 
 16.11  amended by adding a subdivision to read: 
 16.12     Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
 16.13  immediately issue an emergency permit to a person if the sheriff 
 16.14  determines that the person is in an emergency situation that may 
 16.15  constitute an immediate risk to the safety of the person or 
 16.16  someone residing in the person's household.  A person seeking an 
 16.17  emergency permit shall complete an application form and shall 
 16.18  sign an affidavit describing the emergency situation.  An 
 16.19  emergency permit applicant does not need to provide evidence of 
 16.20  training.  An emergency permit is valid for 30 days, may not be 
 16.21  renewed, and may be revoked without a hearing.  No fee may be 
 16.22  charged for an emergency permit.  An emergency permit holder may 
 16.23  seek a regular permit under this section and is subject to the 
 16.24  other applicable provisions of this section. 
 16.25     Sec. 14.  Minnesota Statutes 2002, section 624.714, 
 16.26  subdivision 12, is amended to read: 
 16.27     Subd. 12.  [HEARING UPON DENIAL, SUSPENSION, OR 
 16.28  REVOCATION.] (a) Any person aggrieved by denial, suspension, or 
 16.29  revocation of a permit to carry may appeal the denial by 
 16.30  petition to the district court having jurisdiction over the 
 16.31  county or municipality wherein the notification or denial 
 16.32  occurred where the application was submitted or the permit was 
 16.33  suspended or revoked.  The petition must list the sheriff as the 
 16.34  respondent.  The district court shall hold a hearing at the 
 16.35  earliest practicable date following the filing of the petition 
 16.36  for review.  The matter shall must be heard de novo without a 
 17.1   jury. 
 17.2      (b) If a sheriff denies, suspends, or revokes a permit 
 17.3   based on a dangerousness determination as provided in 
 17.4   subdivision 2, paragraph (b), clause (14), the applicant may 
 17.5   appeal as provided in paragraph (a).  However, in this case, the 
 17.6   court shall direct that the permit be issued or continued and 
 17.7   order other appropriate relief unless the sheriff clearly and 
 17.8   convincingly establishes that there exists a substantial 
 17.9   likelihood that the applicant is dangerous to the public if 
 17.10  authorized to carry a pistol under a permit. 
 17.11     (c) The applicant's dangerousness to the public under 
 17.12  paragraph (b), may only be established by the applicant's 
 17.13  criminal or noncriminal history, within the past three years, 
 17.14  including at least: 
 17.15     (1) behavioral incidents of unlawful violence or other 
 17.16  behaviors that exhibit a clear propensity for unlawful violence 
 17.17  that were investigated and documented, not including incidents 
 17.18  for which the applicant was charged and acquitted; 
 17.19     (2) a condition of mental impairment not addressed under 
 17.20  section 624.713, subdivision 1, paragraph (c).  For purposes of 
 17.21  this paragraph, "mental impairment" means a "mentally ill 
 17.22  person," "mentally retarded person," or "a person mentally ill 
 17.23  and dangerous to the public" as those terms are defined in 
 17.24  section 253B.02; or 
 17.25     (3) being listed on the criminal gang investigative data 
 17.26  system under section 299C.091. 
 17.27  The elements in clauses (1) to (3) must be proven by a 
 17.28  preponderance of the evidence.  
 17.29     (d) If the permit is denied, suspended, or revoked on the 
 17.30  grounds that the applicant is dangerous to the public under 
 17.31  paragraph (c), clause (3), the person may challenge this, after 
 17.32  disclosure under court supervision of the reason for that 
 17.33  listing, based on grounds that the person: 
 17.34     (1) was erroneously identified as a person in the data 
 17.35  system; 
 17.36     (2) was improperly included in the data system according to 
 18.1   the criteria outlined in section 299C.091, subdivision 2, 
 18.2   paragraph (b); or 
 18.3      (3) has demonstrably withdrawn from the activities and 
 18.4   associations that led to inclusion in the data system. 
 18.5      (e) If the court directs that a permit be issued or 
 18.6   continued under paragraph (b), the court shall award the 
 18.7   applicant or permit holder reasonable costs and expenses 
 18.8   including attorney fees. 
 18.9      Sec. 15.  Minnesota Statutes 2002, section 624.714, is 
 18.10  amended by adding a subdivision to read: 
 18.11     Subd. 12a.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 18.12  district court may order suspension of the application process 
 18.13  for a permit or suspend the permit of a permit holder as a 
 18.14  condition of release pursuant to the same criteria as the 
 18.15  surrender of firearms under section 629.715.  A permit 
 18.16  suspension must be promptly reported to the issuing sheriff.  If 
 18.17  the permit holder has an out-of-state permit recognized under 
 18.18  subdivision 15, the court shall promptly report the suspension 
 18.19  to the commissioner of public safety for inclusion in the 
 18.20  database under subdivision 14. 
 18.21     Sec. 16.  Minnesota Statutes 2002, section 624.714, is 
 18.22  amended by adding a subdivision to read: 
 18.23     Subd. 14.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 18.24  DATABASE.] (a) The commissioner of public safety shall maintain 
 18.25  an automated database of persons authorized to carry pistols 
 18.26  under this section that is available 24 hours a day, seven days 
 18.27  a week, to law enforcement agencies, including prosecutors 
 18.28  carrying out their duties under subdivision 8a, to verify the 
 18.29  validity of a permit. 
 18.30     (b) The commissioner of public safety shall maintain a 
 18.31  separate automated database of denied applications for permits 
 18.32  to carry and of suspended or revoked permits that is available 
 18.33  only to sheriffs performing their duties under this section 
 18.34  containing the date of, the statutory basis for, and the 
 18.35  initiating agency for any permit application denied or permit 
 18.36  suspended or revoked.  
 19.1      (c) The commissioner of public safety may contract with one 
 19.2   or more vendors to implement the commissioner's duties under 
 19.3   this subdivision.  
 19.4      Sec. 17.  Minnesota Statutes 2002, section 624.714, is 
 19.5   amended by adding a subdivision to read: 
 19.6      Subd. 15.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 19.7   The commissioner of public safety shall annually establish and 
 19.8   publish a list of other states that have laws governing the 
 19.9   issuance of permits to carry weapons that are not substantially 
 19.10  similar to this section.  The list must be available on the 
 19.11  Internet.  A person holding a carry permit from a state not on 
 19.12  the list may use the license or permit in this state subject to 
 19.13  the rights, privileges, and requirements of this section. 
 19.14     (b) Notwithstanding paragraph (a), no license or permit 
 19.15  from another state is valid in this state if the holder is or 
 19.16  becomes prohibited by law from possessing a firearm or no longer 
 19.17  meets the eligibility requirements described in this section. 
 19.18     (c) Any sheriff or police chief may file a petition under 
 19.19  subdivision 12 seeking an order suspending or revoking an 
 19.20  out-of-state permit holder's authority to carry a pistol in this 
 19.21  state on the grounds that the permit holder is not eligible to 
 19.22  carry under this section.  The petition may be filed in any 
 19.23  county in the state where a person holding a license or permit 
 19.24  from another state can be found. 
 19.25     (d) The commissioner must, when necessary, execute 
 19.26  reciprocity agreements regarding carry permits with 
 19.27  jurisdictions whose carry permits are recognized under paragraph 
 19.28  (c). 
 19.29     Sec. 18.  Minnesota Statutes 2002, section 624.714, is 
 19.30  amended by adding a subdivision to read: 
 19.31     Subd. 16.  [IMMUNITY.] Neither a sheriff, police chief, any 
 19.32  employee of a sheriff or police chief involved in the permit 
 19.33  issuing process, nor any certified instructor is liable for 
 19.34  damages resulting or arising from acts with a firearm committed 
 19.35  by a permit holder, unless the person had actual knowledge at 
 19.36  the time the permit was issued or the instruction was given that 
 20.1   the applicant was prohibited by law from possessing a firearm.  
 20.2      Sec. 19.  Minnesota Statutes 2002, section 624.714, is 
 20.3   amended by adding a subdivision to read: 
 20.4      Subd. 17.  [MONITORING.] (a) By March 1, 2004, and each 
 20.5   year thereafter, the commissioner of public safety shall report 
 20.6   to the legislature on: 
 20.7      (1) the number of permits applied for, issued, suspended, 
 20.8   revoked, and denied, further categorized by the age, sex, race, 
 20.9   and zip code of the applicant or permit holder, since the 
 20.10  previous submission, and in total; 
 20.11     (2) the number of permits currently valid; 
 20.12     (3) the specific reasons for each suspension, revocation, 
 20.13  and denial and the number of reversed, canceled, or corrected 
 20.14  actions; 
 20.15     (4) the number of convictions and types of crimes committed 
 20.16  since the previous submission, and in total, by individuals with 
 20.17  permits including data as to whether a firearm lawfully carried 
 20.18  solely by virtue of a permit was actually used in furtherance of 
 20.19  the crime; and 
 20.20     (5) to the extent known or determinable, data on the lawful 
 20.21  and justifiable use of firearms by permit holders.  
 20.22     (b) Sheriffs and police chiefs shall supply the department 
 20.23  of public safety with the basic data the department requires to 
 20.24  complete the report under paragraph (a).  Sheriffs and police 
 20.25  chiefs may submit data classified as private to the department 
 20.26  of public safety under this paragraph. 
 20.27     (c) Copies of the report under paragraph (a) must be made 
 20.28  available to the public at the actual cost of duplication and 
 20.29  may be made available on the Internet. 
 20.30     (d) Nothing contained in any provision of this section 
 20.31  requires or authorizes the registration, documentation, 
 20.32  collection, or providing of serial numbers on firearms.  
 20.33     Sec. 20.  Minnesota Statutes 2002, section 624.714, is 
 20.34  amended by adding a subdivision to read: 
 20.35     Subd. 18.  [NOTICE REQUIRED ON CERTAIN PREMISES.] (a) A 
 20.36  business that is licensed to sell alcohol and that derives 65 
 21.1   percent or more of its gross revenues from the sale of alcoholic 
 21.2   beverages for on-site consumption shall prominently display at 
 21.3   each entrance to the business premises a sign that complies with 
 21.4   the requirements of paragraph (c).  
 21.5      (b) A licensed hospital or nursing home shall prominently 
 21.6   display at each entrance to the facility a sign that complies 
 21.7   with the requirements of paragraph (c).  
 21.8      (c) The sign required under this subdivision must give 
 21.9   notice that it is unlawful for a person with a permit to carry a 
 21.10  pistol on the premises. 
 21.11     Sec. 21.  Minnesota Statutes 2002, section 624.714, is 
 21.12  amended by adding a subdivision to read: 
 21.13     Subd. 19.  [PROHIBITED LOCATIONS; PENALTY.] (a) For 
 21.14  purposes of this subdivision: 
 21.15     (1) "notice" means actual verbal or written notice or the 
 21.16  posting of a conspicuous written notice at the entrance to the 
 21.17  property that the possession of a pistol on the property is 
 21.18  prohibited; and 
 21.19     (2) "premises" means a building or a portion of a building 
 21.20  but does not include public or private driveways, streets, 
 21.21  sidewalks, walkways, parking lots, parking garages, or other 
 21.22  parking areas.  
 21.23     (b) A permit to carry issued under this section is not 
 21.24  valid on property owned or leased by a private person or a 
 21.25  privately owned business if notice is given that the owner or 
 21.26  lessee does not allow the possession of a pistol on the property.
 21.27     (c) Regardless of whether notice is given, a permit to 
 21.28  carry issued under this section is not valid: 
 21.29     (1) on the premises of a church, synagogue, mosque, or 
 21.30  other established place of worship; 
 21.31     (2) on the premises of a business that is licensed to sell 
 21.32  alcohol and that derives 65 percent or more of its gross 
 21.33  revenues from the sale of alcoholic beverages for on-site 
 21.34  consumption; 
 21.35     (3) on the premises of a licensed hospital or nursing home, 
 21.36  unless the permit holder has written authorization from the 
 22.1   director of the facility; 
 22.2      (4) on premises where high school, collegiate, or 
 22.3   professional sporting events or interscholastic events are 
 22.4   taking place, unless the permit holder is a participant in the 
 22.5   event and a pistol is used in the event; 
 22.6      (5) except for situations addressed under section 609.66, 
 22.7   subdivision 1g, at any meeting of a governmental entity; and 
 22.8      (6) on the premises of a polling place on the day of an 
 22.9   election.  
 22.10     (d) Except as provided in paragraph (e), a permit holder 
 22.11  who knowingly possesses a pistol in a location described in this 
 22.12  subdivision is guilty of a gross misdemeanor.  In addition, the 
 22.13  person's permit is void and must be returned to the sheriff.  
 22.14     (e) The criminal penalty described in paragraph (d) does 
 22.15  not apply to possessing a pistol in the locations described in 
 22.16  paragraph (c), clauses (1), (3), and (5), unless notice was 
 22.17  given that the possession of a pistol was not allowed on the 
 22.18  property.  
 22.19     (f) This subdivision does not apply to an on-duty peace 
 22.20  officer or security guard acting in the course and scope of 
 22.21  employment.  
 22.22     Sec. 22.  Minnesota Statutes 2002, section 624.714, is 
 22.23  amended by adding a subdivision to read: 
 22.24     Subd. 20.  [RIGHTS OF EMPLOYERS.] This section does not 
 22.25  prevent or otherwise limit the right of a private employer to 
 22.26  prohibit permit holders from carrying a pistol on the premises 
 22.27  of the business. 
 22.28     Sec. 23.  Minnesota Statutes 2002, section 624.714, is 
 22.29  amended by adding a subdivision to read: 
 22.30     Subd. 21.  [NOTIFICATION TO LAW ENFORCEMENT; PENALTY.] When 
 22.31  a licensed peace officer lawfully requests a permit holder to 
 22.32  provide identification, the permit holder shall inform the 
 22.33  officer: 
 22.34     (1) that the permit holder has a permit to carry a pistol; 
 22.35  and 
 22.36     (2) whether the permit holder is currently carrying a 
 23.1   pistol. 
 23.2      A violation of this section is a petty misdemeanor.  The 
 23.3   fine for a first offense must not exceed $25.  Notwithstanding 
 23.4   section 609.531, a firearm carried in violation of this 
 23.5   subdivision is not subject to forfeiture. 
 23.6      Sec. 24.  Minnesota Statutes 2002, section 624.714, is 
 23.7   amended by adding a subdivision to read: 
 23.8      Subd. 22.  [AUTHORITY OF PEACE OFFICER TO DISARM.] A 
 23.9   licensed peace officer who is acting in the lawful discharge of 
 23.10  the officer's official duties may disarm a permit holder at any 
 23.11  time the officer reasonably believes is necessary for the 
 23.12  protection of the permit holder, officer, or another 
 23.13  individual.  The peace officer shall return the pistol to the 
 23.14  permit holder before discharging the permit holder from the 
 23.15  scene if the officer determines that the permit holder is not a 
 23.16  threat to the officer, permit holder, or another individual and 
 23.17  if the permit holder has not violated any provision of this 
 23.18  section or committed any other violation of law that results in 
 23.19  the arrest of the permit holder.  
 23.20     Sec. 25.  [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 
 23.21  ALCOHOL OR A CONTROLLED SUBSTANCE.] 
 23.22     Subdivision 1.  [ACTS PROHIBITED.] A person may not carry a 
 23.23  pistol on or about the person's clothes or person in a public 
 23.24  place: 
 23.25     (1) when the person is under the influence of a controlled 
 23.26  substance, as defined in section 152.01, subdivision 4; 
 23.27     (2) when the person is under the influence of a combination 
 23.28  of any two or more of the elements named in clauses (1) and (4); 
 23.29     (3) when the person is knowingly under the influence of any 
 23.30  chemical compound or combination of chemical compounds that is 
 23.31  listed as a hazardous substance in rules adopted under section 
 23.32  182.655 and that affects the nervous system, brain, or muscles 
 23.33  of the person so as to impair the person's clearness of 
 23.34  intellect or physical control; 
 23.35     (4) when the person is under the influence of alcohol; 
 23.36     (5) when the person's alcohol concentration is 0.10 or 
 24.1   more; or 
 24.2      (6) when the person's alcohol concentration is less than 
 24.3   0.10, but more than 0.04. 
 24.4      Subd. 2.  [ARREST.] A peace officer may arrest a person for 
 24.5   a violation under subdivision 1 without a warrant upon probable 
 24.6   cause, without regard to whether the violation was committed in 
 24.7   the officer's presence. 
 24.8      Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
 24.9   authorized under subdivision 2 to make arrests has reason to 
 24.10  believe that the person may be violating or has violated 
 24.11  subdivision 1, the officer may require the person to provide a 
 24.12  breath sample for a preliminary screening test using a device 
 24.13  approved by the commissioner of public safety for this purpose.  
 24.14  The results of the preliminary screening test must be used for 
 24.15  the purpose of deciding whether an arrest should be made under 
 24.16  this section and whether to require the chemical tests 
 24.17  authorized in section 624.7143, but may not be used in any court 
 24.18  action except:  (1) to prove that the test was properly required 
 24.19  of a person under section 624.7143, or (2) in a civil action 
 24.20  arising out of the use of the pistol.  Following the preliminary 
 24.21  screening test, additional tests may be required of the person 
 24.22  as provided under section 624.7143.  A person who refuses a 
 24.23  breath sample is subject to the provisions of section 624.7143 
 24.24  unless, in compliance with that section, the person submits to a 
 24.25  blood, breath, or urine test to determine the presence of 
 24.26  alcohol or a controlled substance. 
 24.27     Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
 24.28  subdivision 1, the admission of evidence of the amount of 
 24.29  alcohol or a controlled substance in the person's blood, breath, 
 24.30  or urine is governed by section 169A.45. 
 24.31     Subd. 5.  [SUSPENSION.] A person who is charged with a 
 24.32  petty misdemeanor violation under subdivision 1, clause (6), may 
 24.33  have their authority to carry a pistol in a public place or on 
 24.34  or about the person's clothes or person under the provisions of 
 24.35  a permit or otherwise suspended by the court as a condition of 
 24.36  release.  A person charged with any other violation of this 
 25.1   section shall have this authority suspended.  
 25.2      Subd. 6.  [PENALTIES.] (a) A person who violates a 
 25.3   prohibition under subdivision 1, clauses (1) to (5), is guilty 
 25.4   of a misdemeanor.  A second or subsequent violation is a gross 
 25.5   misdemeanor. 
 25.6      (b) A person who violates subdivision 1, clause (6), is 
 25.7   guilty of a petty misdemeanor.  A second or subsequent violation 
 25.8   within a year of the first violation is a misdemeanor. 
 25.9      (c) In addition to the penalty imposed under paragraph (a), 
 25.10  if a person violates subdivision 1, clauses (1) to (5), the 
 25.11  person's authority to carry a pistol in a public place on or 
 25.12  about the person's clothes or person under the provisions of a 
 25.13  permit or otherwise is revoked.  
 25.14     (d) In addition to the penalty imposed under paragraph (b), 
 25.15  if a person violates subdivision 1, clause (6), as a petty 
 25.16  misdemeanor the person's authority to carry a pistol in a public 
 25.17  place on or about the person's clothes or person under the 
 25.18  provisions of a permit or otherwise, is suspended for 60 days 
 25.19  from the date of judgment.  
 25.20     (e) Notwithstanding section 609.531, a firearm carried in 
 25.21  violation of subdivision 1, clause (6), is not subject to 
 25.22  forfeiture. 
 25.23     Subd. 7.  [REPORTING.] Suspensions and revocations under 
 25.24  this section must be reported in the same manner as in section 
 25.25  624.714, subdivision 12a. 
 25.26     Sec. 26.  [624.7143] [CHEMICAL TESTING.] 
 25.27     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 25.28  carries a pistol in a public place on or about the person's 
 25.29  clothes or person is required, subject to the provisions of this 
 25.30  section, to take or submit to a test of the person's blood, 
 25.31  breath, or urine for the purpose of determining the presence and 
 25.32  amount of alcohol or a controlled substance.  The test shall be 
 25.33  administered at the direction of an officer authorized to make 
 25.34  arrests under section 624.7142.  Taking or submitting to the 
 25.35  test is mandatory when requested by an officer who has probable 
 25.36  cause to believe the person was carrying a pistol in violation 
 26.1   of section 624.7142, and one of the following conditions exists: 
 26.2      (1) the person has been lawfully placed under arrest for 
 26.3   violating section 624.7142; 
 26.4      (2) the person has been involved while carrying a firearm 
 26.5   in a firearms-related accident resulting in property damage, 
 26.6   personal injury, or death; 
 26.7      (3) the person has refused to take the preliminary 
 26.8   screening test provided for in section 624.7142; or 
 26.9      (4) the screening test was administered and indicated an 
 26.10  alcohol concentration of 0.04 or more. 
 26.11     Subd. 2.  [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 
 26.12  refuses to take a test required under subdivision 1, none must 
 26.13  be given but the officer shall report the refusal to the sheriff 
 26.14  and to the authority having responsibility for prosecution of 
 26.15  misdemeanor offenses for the jurisdiction in which the incident 
 26.16  occurred that gave rise to the test demand and refusal.  On 
 26.17  certification by the officer that probable cause existed to 
 26.18  believe the person had been carrying a pistol on or about the 
 26.19  person's clothes or person in a public place while under the 
 26.20  influence of alcohol or a controlled substance, and that the 
 26.21  person refused to submit to testing, a court may impose a civil 
 26.22  penalty of $500 and may revoke the person's authority to carry a 
 26.23  pistol in a public place on or about the person's clothes or 
 26.24  person under the provisions of a permit or otherwise for a 
 26.25  period of one year from the date of the refusal.  The person 
 26.26  shall be accorded notice and an opportunity to be heard prior to 
 26.27  imposition of the civil penalty or the revocation. 
 26.28     (b) Revocations under this subdivision must be reported in 
 26.29  the same manner as in section 624.714, subdivision 12a.  
 26.30     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 26.31  requested, the person shall be informed that: 
 26.32     (1) Minnesota law requires a person to take a test to 
 26.33  determine if the person is under the influence of alcohol or a 
 26.34  controlled substance; 
 26.35     (2) if the person refuses to take the test, the person is 
 26.36  subject to a civil penalty of $500 and is prohibited for a 
 27.1   period of one year from carrying a pistol in a public place on 
 27.2   or about the person's clothes or person, as provided under 
 27.3   subdivision 2; and 
 27.4      (3) that the person has the right to consult with an 
 27.5   attorney, but that this right is limited to the extent it cannot 
 27.6   unreasonably delay administration of the test or the person will 
 27.7   be deemed to have refused the test. 
 27.8      Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
 27.9   Notwithstanding subdivision 1, if there is probable cause to 
 27.10  believe there is impairment by a controlled substance that is 
 27.11  not subject to testing by a breath test, then a blood or urine 
 27.12  test may be required even after a breath test has been 
 27.13  administered. 
 27.14     Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
 27.15  under this section are governed by section 169A.51 in all 
 27.16  aspects that are not inconsistent with this section.  
 27.17     Sec. 27.  [APPROPRIATION.] 
 27.18     $....... is appropriated in fiscal year 2004 from the 
 27.19  general fund to the commissioner of public safety.  Of this 
 27.20  amount, $....... is to implement the provisions of sections 1 to 
 27.21  26; and $....... is for an increase in per diem funding for 
 27.22  shelters under Minnesota Statutes, section 611A.32, and for safe 
 27.23  houses. 
 27.24     Sec. 28.  [GRANDFATHER CLAUSE.] 
 27.25     Permits to carry pistols issued prior to the effective date 
 27.26  of sections 1 to 26 remain in effect and are valid under the 
 27.27  terms of issuance until the date of expiration applicable at the 
 27.28  time of issuance.  However, a person holding a permit that was 
 27.29  issued prior to the effective date of sections 1 to 26 may 
 27.30  nevertheless apply for a permit under the terms and conditions 
 27.31  of sections 1 to 26. 
 27.32     Sec. 29.  [REPEALER.] 
 27.33     Minnesota Statutes 2002, section 624.714, subdivision 5, is 
 27.34  repealed. 
 27.35     Sec. 30.  [EFFECTIVE DATE.] 
 27.36     Sections 1 to 29 are effective August 1, 2003, and apply to 
 28.1   crimes committed on or after that date, except that the 
 28.2   commissioner of public safety shall promulgate the list required 
 28.3   under section 17 within 90 days of final enactment.