SF 1821

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 04:24pm

A bill for an act
relating to public safety; providing for the right to carry without a permit; providing
for an option permit to carry; amending Minnesota Statutes 2018, section 624.714,
subdivisions 2, 3, 7, 15, 20, 23, by adding subdivisions; repealing Minnesota
Statutes 2018, sections 624.714, subdivisions 1a, 1b, 16; 624.7181.

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

Section 1.

Minnesota Statutes 2018, section 624.714, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin No permit required. new text end

new text begin (a) The legislature of the state of Minnesota recognizes
and declares that the second amendment of the United States Constitution guarantees the
fundamental, individual right to keep and bear arms.
new text end

new text begin (b) A person who is not prohibited from possessing a firearm by any law of this state or
any federal law shall have the right to carry, hold, or possess a firearm in a motor vehicle,
snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in
possession or control in a public place.
new text end

new text begin (c) For the purposes of this section, "public place" means property owned, leased, or
controlled by a governmental unit and private property that is regularly and frequently open
to or made available for use by the public in sufficient numbers to give clear notice of the
property's current dedication to public use but does not include: a person's dwelling house
or premises, the place of business owned or managed by the person, or land possessed by
the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields,
or waters of this state where the person is present lawfully for the purpose of hunting or
target shooting or other lawful activity involving firearms.
new text end

Sec. 2.

Minnesota Statutes 2018, section 624.714, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Optional carry permit. new text end

new text begin A person may apply for an optional permit to carry
a pistol as provided in this section.
new text end

Sec. 3.

Minnesota Statutes 2018, section 624.714, subdivision 2, is amended to read:

Subd. 2.

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

(a)
Applications by Minnesota residents for new text begin optional new text end permits to carry shall be made to the county
sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision
42, may apply to any sheriff.

(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,
paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:

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

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

(3) completes an application for a permit;

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

(i) 518B.01, subdivision 14;

(ii) 609.224, subdivision 3;

(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;

(v) 624.713;

(vi) 624.719;

(vii) 629.715, subdivision 2;

(viii) 629.72, subdivision 2; or

(ix) any federal law; and

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

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

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

Sec. 4.

Minnesota Statutes 2018, section 624.714, subdivision 3, is amended to read:

Subd. 3.

Form and contents of application.

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

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

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

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

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

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

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

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

(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:

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

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

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

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

(e) Applications must be submitted in person.

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

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

(h) Forms for new and renewal applications must be available at all sheriffs' offices and
the commissioner must make the forms available on the Internet.

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

(j) Upon receipt of an application packet and any required fee, the sheriff must provide
a signed receipt indicating the date of submission.

Sec. 5.

Minnesota Statutes 2018, section 624.714, subdivision 7, is amended to read:

Subd. 7.

Permit card contents; expiration; renewal.

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

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

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

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

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

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

Sec. 6.

Minnesota Statutes 2018, section 624.714, subdivision 15, is amended to read:

Subd. 15.

Commissioner; contracts; database.

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

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

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

Sec. 7.

Minnesota Statutes 2018, section 624.714, subdivision 20, is amended to read:

Subd. 20.

Monitoring.

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

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

(2) the number of new text begin optional new text end permits currently valid;

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

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

(5) the number of convictions and types of crimes committed since the previous
submission, and in total, by individuals deleted text begin with permits deleted text end new text begin legally carrying pistols as provided by
this section new text end including data as to whether a firearm lawfully carried solely by virtue of deleted text begin a
permit deleted text end new text begin this section new text end was actually used in furtherance of the crime;

(6) to the extent known or determinable, data on the lawful and justifiable use of firearms
by deleted text begin permit holders deleted text end new text begin individuals legally carrying pistols as provided by this section new text end ; and

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

(b) Sheriffs and police chiefs must supply the Department of Public Safety with the basic
data the department requires to complete the report under paragraph (a). Sheriffs and police
chiefs may submit data classified as private to the Department of Public Safety under this
paragraph.

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

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

Sec. 8.

Minnesota Statutes 2018, section 624.714, subdivision 23, is amended to read:

Subd. 23.

Exclusivity.

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

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 624.714, subdivisions 1a, 1b, and 16; and 624.7181, new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-2882

624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.

Subd. 1a.

Permit required; penalty.

A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place, as defined in section 624.7181, subdivision 1, paragraph (c), without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony.

Subd. 1b.

Display of permit; penalty.

(a) The holder of a permit to carry must have the permit card and a driver's license, state identification card, or other government-issued photo identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

(b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates, in court or in the office of the arresting officer, that the person was authorized to carry the pistol at the time of the alleged violation.

(c) Upon the request of a peace officer, a permit holder must write a sample signature in the officer's presence to aid in verifying the person's identity.

(d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or not the permit holder is currently carrying a firearm.

Subd. 16.

Recognition of permits from other states.

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

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

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

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

624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the meanings given them.

(a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter.

(b) "Carry" does not include:

(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;

(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;

(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714;

(4) the carrying of an antique firearm as a curiosity or for its historical significance or value; or

(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.

(c) "Public place" means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: a person's dwelling house or premises, the place of business owned or managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields, or waters of this state where the person is present lawfully for the purpose of hunting or target shooting or other lawful activity involving firearms.

Subd. 2.

Penalties.

Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or about the person in a public place is guilty of a felony.

Subd. 3.

Exceptions.

This section does not apply to officers, employees, or agents of law enforcement agencies or the armed forces of this state or the United States, or private detectives or protective agents, to the extent that these persons are authorized by law to carry firearms and are acting in the scope of their official duties.