SF 2259

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; reenacting the Minnesota 
  1.3             Citizens' Personal Protection Act of 2003 with certain 
  1.4             amendments; recognizing the inherent right of 
  1.5             law-abiding citizens to self-protection through the 
  1.6             lawful use of self-defense; providing a system under 
  1.7             which responsible, competent adults can exercise their 
  1.8             right to self-protection by authorizing them to obtain 
  1.9             a permit to carry a pistol; providing criminal 
  1.10            penalties; amending Minnesota Statutes 2004, sections 
  1.11            609.28, subdivision 3, by adding a subdivision; 
  1.12            624.714, subdivisions 2, 2a, 3, 4, 8, 17, as 
  1.13            reenacted, 18, by adding subdivisions; 624.7142, 
  1.14            subdivision 1; 624.7143, subdivisions 1, 2; repealing 
  1.15            Minnesota Statutes 2004, section 609.66, subdivision 
  1.16            1d. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [REENACTMENT OF PERSONAL PROTECTION ACT.] 
  1.19     Laws 2003, chapter 28, articles 2 and 3, are reenacted 
  1.20  effective retroactively and without interruption from April 28, 
  1.21  2003. 
  1.22     [EFFECTIVE DATE.] This section is effective the day 
  1.23  following final enactment. 
  1.24     Sec. 2.  Minnesota Statutes 2004, section 609.28, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 2a.  [TRESPASS WITH FIREARM.] (a) A person who, while 
  1.27  carrying, holding, or possessing a firearm, enters or remains in 
  1.28  a religious establishment is guilty of a gross misdemeanor 
  1.29  unless the establishment has given notice that firearms are 
  1.30  permitted within it.  This penalty applies regardless of whether 
  1.31  the person has a permit to carry issued under section 624.714.  
  2.1   A firearm carried in violation of this subdivision is subject to 
  2.2   forfeiture under section 609.531.  
  2.3      (b) A religious establishment may give notice that firearms 
  2.4   are permitted within the establishment by any lawful means, 
  2.5   including the posting of signs at the entrance to the 
  2.6   establishment. 
  2.7      (c) This subdivision does not apply to a peace officer as 
  2.8   defined in section 626.84, subdivision 1, or a uniformed 
  2.9   security guard employed by or under contract with the 
  2.10  establishment.  
  2.11     Sec. 3.  Minnesota Statutes 2004, section 609.28, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [DEFINITION.] For purposes of subdivision 
  2.14  subdivisions 2 and 2a, a "religious establishment" is a building 
  2.15  used for worship services by a religious organization and 
  2.16  clearly identified as such by a posted sign or other means.  For 
  2.17  purposes of subdivision 2a, the term includes any property 
  2.18  owned, leased, or controlled by the establishment. 
  2.19     Sec. 4.  Minnesota Statutes 2004, section 624.714, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
  2.22  PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
  2.23  residents for permits to carry shall be made to the county 
  2.24  sheriff where the applicant resides.  Nonresidents, as defined 
  2.25  in section 171.01, subdivision 42, may apply to any sheriff. 
  2.26     (b) Unless a sheriff denies a permit under the exception 
  2.27  set forth in subdivision 6, paragraph (a), clause (3), a sheriff 
  2.28  must issue a permit to an applicant if the person: 
  2.29     (1) has training in the safe use of a pistol; 
  2.30     (2) is at least 21 years old and a citizen or a permanent 
  2.31  resident of the United States; 
  2.32     (3) completes an application for a permit; 
  2.33     (4) is not prohibited from possessing a firearm under the 
  2.34  following sections: 
  2.35     (i) 518B.01, subdivision 14; 
  2.36     (ii) 609.224, subdivision 3; 
  3.1      (iii) 609.2242, subdivision 3; 
  3.2      (iv) 609.749, subdivision 8; 
  3.3      (v) 624.713; 
  3.4      (vi) 624.719; 
  3.5      (vii) 629.715, subdivision 2; or 
  3.6      (viii) 629.72, subdivision 2; or 
  3.7      (ix) any federal law; and 
  3.8      (5) is not listed in the criminal gang investigative data 
  3.9   system under section 299C.091. 
  3.10     (c) A permit to carry a pistol issued or recognized under 
  3.11  this section is a state permit and is effective throughout the 
  3.12  state. 
  3.13     (d) A sheriff may contract with a police chief to process 
  3.14  permit applications under this section.  If a sheriff contracts 
  3.15  with a police chief, the sheriff remains the issuing authority 
  3.16  and the police chief acts as the sheriff's agent.  If a sheriff 
  3.17  contracts with a police chief, all of the provisions of this 
  3.18  section will apply. 
  3.19     [EFFECTIVE DATE.] This section is effective the day 
  3.20  following final enactment. 
  3.21     Sec. 5.  Minnesota Statutes 2004, section 624.714, 
  3.22  subdivision 2a, is amended to read: 
  3.23     Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  3.24  applicant must present evidence that the applicant received 
  3.25  training in the safe use of a pistol within one year of the date 
  3.26  of an original or renewal application.  Training may be 
  3.27  demonstrated by: 
  3.28     (1) employment as a peace officer in the state of Minnesota 
  3.29  within the past year; or 
  3.30     (2) completion of a firearms safety or training course 
  3.31  providing basic training in the safe use of a pistol and 
  3.32  conducted by a certified instructor. 
  3.33     (b) Basic training must include: 
  3.34     (1) instruction in the fundamentals of pistol use; 
  3.35     (2) instruction in methods for preventing another person 
  3.36  from taking the pistol away; 
  4.1      (3) successful completion of an actual shooting 
  4.2   qualification exercise; and 
  4.3      (3) (4) instruction in the fundamental legal aspects of 
  4.4   pistol possession, carry, and use, including self-defense and 
  4.5   the restrictions on the use of deadly force. 
  4.6      (c) The certified instructor must issue a certificate to a 
  4.7   person who has completed a firearms safety or training course 
  4.8   described in paragraph (b).  The certificate must be signed by 
  4.9   the instructor and attest that the person attended and completed 
  4.10  the course. 
  4.11     (d) A person qualifies as a certified instructor if the 
  4.12  person is certified as a firearms instructor within the past 
  4.13  five years by: 
  4.14     (1) the Bureau of Criminal Apprehension, Training and 
  4.15  Development Section; 
  4.16     (2) the Minnesota Association of Law Enforcement Firearms 
  4.17  Instructors; 
  4.18     (3) the National Rifle Association; 
  4.19     (4) the American Association of Certified Firearms 
  4.20  Instructors; 
  4.21     (5) the Peace Officer Standards and Training Board of this 
  4.22  state or a similar agency of another state that certifies 
  4.23  firearms instructors; or 
  4.24     (6) the Department of Public Safety of this state or a 
  4.25  similar agency of another state that certifies firearms 
  4.26  instructors an organization or government entity that has been 
  4.27  approved by the Department of Public Safety in accordance with 
  4.28  standards to be adopted by the department through expedited 
  4.29  rulemaking as described in section 14.389. 
  4.30     (d) (e) A sheriff must accept the training described in 
  4.31  this subdivision as meeting the requirement in subdivision 2, 
  4.32  paragraph (b), for training in the safe use of a pistol.  A 
  4.33  sheriff may also accept other satisfactory evidence of training 
  4.34  in the safe use of a pistol. 
  4.35     [EFFECTIVE DATE.] This section is effective the day 
  4.36  following final enactment. 
  5.1      Sec. 6.  Minnesota Statutes 2004, section 624.714, 
  5.2   subdivision 3, is amended to read: 
  5.3      Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  5.4   Applications for permits to carry must be an official, 
  5.5   standardized application form, adopted under section 624.7151, 
  5.6   and must set forth in writing only the following information: 
  5.7      (1) the applicant's name, residence, telephone number, if 
  5.8   any, and driver's license number or state identification card 
  5.9   number; 
  5.10     (2) the applicant's sex, date of birth, height, weight, and 
  5.11  color of eyes and hair, and distinguishing physical 
  5.12  characteristics, if any; 
  5.13     (3) the township or statutory city or home rule charter 
  5.14  city, and county, of all states of residence residences of the 
  5.15  applicant in the last ten five years, though not including 
  5.16  specific addresses; 
  5.17     (4) a statement that the applicant authorizes the release 
  5.18  to the sheriff of commitment information about the applicant 
  5.19  maintained by the commissioner of human services or any similar 
  5.20  agency or department of another state where the applicant has 
  5.21  resided, to the extent that the information relates to the 
  5.22  applicant's eligibility to possess a firearm; and 
  5.23     (5) a statement by the applicant that, to the best of the 
  5.24  applicant's knowledge and belief, the applicant is not 
  5.25  prohibited by law from possessing a firearm. 
  5.26     (b) The statement under paragraph (a), clause (4), must 
  5.27  comply with any applicable requirements of Code of Federal 
  5.28  Regulations, title 42, sections 2.31 to 2.35, with respect to 
  5.29  consent to disclosure of alcohol or drug abuse patient records. 
  5.30     (c) An applicant must submit to the sheriff an application 
  5.31  packet consisting only of the following items: 
  5.32     (1) a completed application form, signed and dated by the 
  5.33  applicant; 
  5.34     (2) an accurate photocopy of a the certificate, affidavit, 
  5.35  or other document described in subdivision 2a, paragraph (c), 
  5.36  that is submitted as the applicant's evidence of training in the 
  6.1   safe use of a pistol; and 
  6.2      (3) an accurate photocopy of the applicant's current 
  6.3   driver's license, state identification card, or the photo page 
  6.4   of the applicant's passport; and 
  6.5      (4) two clear and legible sets of the applicant's 
  6.6   fingerprints. 
  6.7      (d) In addition to the other application materials, a 
  6.8   person who is otherwise ineligible for a permit due to a 
  6.9   criminal conviction but who has obtained a pardon or expungement 
  6.10  setting aside the conviction, sealing the conviction, or 
  6.11  otherwise restoring applicable rights, must submit a copy of the 
  6.12  relevant order. 
  6.13     (e) Applications must be submitted in person. 
  6.14     (f) The sheriff may charge a new application processing fee 
  6.15  in an amount not to exceed the actual and reasonable direct cost 
  6.16  of processing the application or $100, whichever is less.  Of 
  6.17  this amount, $10 must be submitted to the commissioner and 
  6.18  deposited into the general fund. 
  6.19     (g) This subdivision prescribes the complete and exclusive 
  6.20  set of items an applicant is required to submit in order to 
  6.21  apply for a new or renewal permit to carry.  The applicant must 
  6.22  not be asked or required to submit, voluntarily or 
  6.23  involuntarily, any information, fees, or documentation beyond 
  6.24  that specifically required by this subdivision.  This paragraph 
  6.25  does not apply to alternate training evidence accepted by the 
  6.26  sheriff under subdivision 2a, paragraph (d). 
  6.27     (h) Forms for new and renewal applications must be 
  6.28  available at all sheriffs' offices and the commissioner must 
  6.29  make the forms available on the Internet. 
  6.30     (i) Application forms must clearly display a notice that a 
  6.31  permit, if granted, is void and must be immediately returned to 
  6.32  the sheriff if the permit holder is or becomes prohibited by law 
  6.33  from possessing a firearm.  The notice must list the applicable 
  6.34  state criminal offenses and civil categories that prohibit a 
  6.35  person from possessing a firearm. 
  6.36     (j) Upon receipt of an application packet and any required 
  7.1   fee, the sheriff must provide a signed receipt indicating the 
  7.2   date of submission. 
  7.3      [EFFECTIVE DATE.] This section is effective the day 
  7.4   following final enactment. 
  7.5      Sec. 7.  Minnesota Statutes 2004, section 624.714, 
  7.6   subdivision 4, is amended to read: 
  7.7      Subd. 4.  [INVESTIGATION.] (a) The sheriff must check, by 
  7.8   means of electronic data transfer, criminal records, histories, 
  7.9   and warrant information on each applicant through the Minnesota 
  7.10  Crime Information System and, to the extent necessary, the 
  7.11  National Instant Check System.  The sheriff shall also make a 
  7.12  reasonable effort to check other available and relevant federal, 
  7.13  state, or local record-keeping systems.  The sheriff must obtain 
  7.14  commitment information from the commissioner of human services 
  7.15  as provided in section 245.041 or, if the information is 
  7.16  reasonably available, as provided by a similar statute from 
  7.17  another state. 
  7.18     (b) When an application for a permit is filed under this 
  7.19  section, the sheriff must notify the chief of police, if any, of 
  7.20  the municipality where the applicant resides.  The police chief 
  7.21  may provide the sheriff with any information relevant to the 
  7.22  issuance of the permit. 
  7.23     (c) The sheriff must conduct a background check by means of 
  7.24  electronic data transfer on a permit holder through the 
  7.25  Minnesota Crime Information System and, to the extent necessary, 
  7.26  the National Instant Check System at least yearly to ensure 
  7.27  continuing eligibility.  The sheriff may conduct additional 
  7.28  background checks by means of electronic data transfer on a 
  7.29  permit holder at any time during the period that a permit is in 
  7.30  effect. 
  7.31     [EFFECTIVE DATE.] This section is effective the day 
  7.32  following final enactment.  
  7.33     Sec. 8.  Minnesota Statutes 2004, section 624.714, 
  7.34  subdivision 8, is amended to read: 
  7.35     Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
  7.36  is void and must be revoked at the time that the holder becomes 
  8.1   prohibited by law from possessing a firearm, in which event the 
  8.2   holder must return the permit card to the issuing sheriff within 
  8.3   five business days after the holder knows or should know that 
  8.4   the holder is a prohibited person.  If a permit is 
  8.5   revoked becomes void under this subdivision paragraph, the 
  8.6   sheriff, if aware of this, must give notice to the permit holder 
  8.7   in writing in the same manner as a denial.  Failure of the 
  8.8   holder to return the permit within the five days is a gross 
  8.9   misdemeanor unless the court finds that the circumstances or the 
  8.10  physical or mental condition of the permit holder prevented the 
  8.11  holder from complying with the return requirement. 
  8.12     (b) When a permit holder is convicted of an offense that 
  8.13  prohibits the permit holder from possessing a firearm, the court 
  8.14  must revoke the permit and, if it is available, take possession 
  8.15  of it the permit, if it is available, and send it to the issuing 
  8.16  sheriff. 
  8.17     (c) The sheriff of the county where the application was 
  8.18  submitted, or of the county of the permit holder's current 
  8.19  residence, may file a petition with the district court therein, 
  8.20  for an order revoking a permit to carry on the grounds set forth 
  8.21  in subdivision 6, paragraph (a), clause (3).  An order shall be 
  8.22  issued only if the sheriff meets the burden of proof and 
  8.23  criteria set forth in subdivision 12.  If the court denies the 
  8.24  petition, the court must award the permit holder reasonable 
  8.25  costs and expenses, including attorney fees. 
  8.26     (d) A permit revocation must be promptly reported to the 
  8.27  issuing sheriff. 
  8.28     [EFFECTIVE DATE.] This section is effective the day 
  8.29  following final enactment.  
  8.30     Sec. 9.  Minnesota Statutes 2004, section 624.714, 
  8.31  subdivision 17, as reenacted by section 1, is amended to read: 
  8.32     Subd. 17.  [POSTING; TRESPASS.] (a) A person carrying a 
  8.33  firearm on or about his or her person or clothes under a permit 
  8.34  or otherwise who remains at a private establishment or in a 
  8.35  building or park owned, leased, or controlled by a local unit of 
  8.36  government knowing that the operator of the establishment or its 
  9.1   agent or the local unit of government has made a reasonable 
  9.2   request that firearms not be brought into the establishment or 
  9.3   property may be ordered to leave the premises.  A person who 
  9.4   fails to leave when so requested is guilty of a petty 
  9.5   misdemeanor.  The fine for a first offense must not exceed $25.  
  9.6   Notwithstanding section 609.531, a firearm carried in violation 
  9.7   of this subdivision is not subject to forfeiture. 
  9.8      (b) As used in this subdivision, the terms in this 
  9.9   paragraph have the meanings given. 
  9.10     (1) "Reasonable request" means a request made under the 
  9.11  following circumstances: 
  9.12     (i) the requester has prominently posted a conspicuous sign 
  9.13  at every entrance to the establishment containing the following 
  9.14  language:  "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 
  9.15  PREMISES."; and or 
  9.16     (ii) the requester or its agent personally informs the 
  9.17  person of the posted request that guns are prohibited in the 
  9.18  premises and demands compliance. 
  9.19     (2) "Prominently" means readily visible and within four 
  9.20  feet laterally of the entrance with the bottom of the sign at a 
  9.21  height of four to six feet above the floor. 
  9.22     (3) "Conspicuous" means lettering in black arial typeface 
  9.23  at least 1-1/2 inches in height against a bright contrasting 
  9.24  background that is at least 187 square inches in area. 
  9.25     (4) "Private establishment" means a building, structure, or 
  9.26  portion thereof that is owned, leased, controlled, or operated 
  9.27  by a nongovernmental entity for a nongovernmental purpose.  The 
  9.28  term does not include religious entities. 
  9.29     (5) "Religious entity" includes religious institutions, 
  9.30  religious assemblies, religious organizations, and religious 
  9.31  establishments. 
  9.32     (c) The owner or operator of a private establishment may 
  9.33  not prohibit the lawful carry or possession of firearms in a 
  9.34  parking facility or parking area. 
  9.35     (d) This subdivision does not apply to private 
  9.36  residences or religious entities.  The lawful possessor of a 
 10.1   private residence may prohibit firearms, and provide notice 
 10.2   thereof, in any lawful manner. 
 10.3      (e) A landlord may not restrict the lawful carry or 
 10.4   possession of firearms by tenants or their guests. 
 10.5      (f) Notwithstanding any inconsistent provisions in section 
 10.6   609.605, this subdivision sets forth the exclusive criteria to 
 10.7   notify a permit holder when otherwise lawful firearm possession 
 10.8   is not allowed in a private establishment and sets forth the 
 10.9   exclusive penalty for such activity. 
 10.10     (g) This subdivision does not apply to:  
 10.11     (1) an on-duty active licensed peace officer; or 
 10.12     (2) a security guard acting in the course and scope of 
 10.13  employment. 
 10.14     [EFFECTIVE DATE.] This section is effective the day 
 10.15  following final enactment.  
 10.16     Sec. 10.  Minnesota Statutes 2004, section 624.714, is 
 10.17  amended by adding a subdivision to read: 
 10.18     Subd. 17a.  [PERMIT NOT VALID IN CERTAIN SITUATIONS.] A 
 10.19  permit to carry issued under this section is not valid when the 
 10.20  permit holder is consuming alcohol or an illegal controlled 
 10.21  substance.  A permit holder who violates this subdivision is 
 10.22  guilty of a gross misdemeanor.  
 10.23     Sec. 11.  Minnesota Statutes 2004, section 624.714, 
 10.24  subdivision 18, is amended to read: 
 10.25     Subd. 18.  [EMPLOYERS; PUBLIC COLLEGES AND UNIVERSITIES.] 
 10.26  (a) An employer, whether public or private, may establish 
 10.27  policies that restrict the carry or possession of firearms by 
 10.28  its employees while acting in the course and scope of 
 10.29  employment.  Employment related civil sanctions may be invoked 
 10.30  for a violation. 
 10.31     (b) A public postsecondary institution regulated under 
 10.32  chapter 136F or 137 may establish policies that restrict the 
 10.33  carry or possession of firearms by its students while on the 
 10.34  institution's property.  Academic sanctions may be invoked for a 
 10.35  violation. 
 10.36     (c) Notwithstanding paragraphs paragraph (a) and (b), an 
 11.1   employer or a postsecondary institution may not prohibit the 
 11.2   lawful carry or possession of firearms in a parking facility or 
 11.3   parking area. 
 11.4      Sec. 12.  Minnesota Statutes 2004, section 624.714, is 
 11.5   amended by adding a subdivision to read: 
 11.6      Subd. 18a.  [POSSESSION OF DANGEROUS WEAPONS ON SCHOOL 
 11.7   PROPERTY; PENALTIES.] (a) Whoever possesses, stores, or keeps a 
 11.8   dangerous weapon or uses or brandishes a replica firearm or BB 
 11.9   gun while knowingly on school property or youth organization 
 11.10  property, except as provided in paragraph (c), is guilty of a 
 11.11  felony and may be sentenced to imprisonment for not more than 
 11.12  two years or to payment of a fine of not more than $5,000, or 
 11.13  both. 
 11.14     (b) As used in this subdivision: 
 11.15     (1) "BB gun" means a device that fires, ejects, or tosses a 
 11.16  shot or projectile measuring .18 inches or less in diameter; 
 11.17     (2) "dangerous weapon" has the meaning given to it in 
 11.18  section 609.02, subdivision 6; 
 11.19     (3) "replica firearm" has the meaning given to it in 
 11.20  section 609.713; 
 11.21     (4) "school property" means: 
 11.22     (i) a public or private elementary, middle, or secondary 
 11.23  school building and its grounds, whether leased or owned by the 
 11.24  school; 
 11.25     (ii) the area within a school bus when that bus is being 
 11.26  used to transport any school student; 
 11.27     (iii) a licensed or unlicensed day care, preschool, church 
 11.28  school, or nursery; and 
 11.29     (iv) any public or private university or college; 
 11.30     (5) "youth organization property" means the property of a 
 11.31  nonpublic service organization that provides occasional services 
 11.32  to minors, such as youth sports organizations; YMCA; YWCA; 
 11.33  scouting organizations, boys' or girls' clubs; programs 
 11.34  providing friends, counselors, or role models for minors; youth 
 11.35  theater; dance, music, or artistic organizations; agricultural 
 11.36  organizations for minors, including 4-H clubs; and other youth 
 12.1   organizations.  The term refers only to the property of the 
 12.2   youth organization that is being used for providing services to 
 12.3   minors.  
 12.4      (c) This subdivision does not apply to: 
 12.5      (1) military personnel or uniformed private security guards 
 12.6   as defined by section 626.88, subdivision 1, paragraph (c), who 
 12.7   are performing official duties; 
 12.8      (2) active licensed peace officers; 
 12.9      (3) persons who keep or store firearms in a motor vehicle 
 12.10  if the firearm is unloaded and contained in a closed and 
 12.11  fastened case, gunbox, or securely tied package; 
 12.12     (4) firearms safety or marksmanship programs conducted on 
 12.13  school or youth organization property, or students participating 
 12.14  in military training with the written permission of the school's 
 12.15  principal; and 
 12.16     (5) possession of dangerous weapons, BB guns, or replica 
 12.17  firearms by a ceremonial color guard for programming officially 
 12.18  sanctioned by the school. 
 12.19     Sec. 13.  Minnesota Statutes 2004, section 624.7142, 
 12.20  subdivision 1, is amended to read: 
 12.21     Subdivision 1.  [ACTS PROHIBITED.] A person may not carry a 
 12.22  pistol on or about the person's clothes or person in a public 
 12.23  place: 
 12.24     (1) when the person is under the influence of a controlled 
 12.25  substance, as defined in section 152.01, subdivision 4; 
 12.26     (2) when the person is under the influence of a combination 
 12.27  of any two or more of the elements named in clauses (1) and (4); 
 12.28     (3) when the person is knowingly under the influence of any 
 12.29  chemical compound or combination of chemical compounds that is 
 12.30  listed as a hazardous substance in rules adopted under section 
 12.31  182.655 and that affects the nervous system, brain, or muscles 
 12.32  of the person so as to impair the person's clearness of 
 12.33  intellect or physical control; 
 12.34     (4) when the person is under the influence of alcohol; 
 12.35     (5) when the person's alcohol concentration is 0.10 or 
 12.36  more; or 
 13.1      (6) when the person's alcohol concentration is less than 
 13.2   0.10, but more than 0.04 there is physical evidence of the 
 13.3   consumption of alcohol present in the person's body. 
 13.4      Sec. 14.  Minnesota Statutes 2004, section 624.7143, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
 13.7   carries a pistol in a public place on or about the person's 
 13.8   clothes or person is required, subject to the provisions of this 
 13.9   section, to take or submit to a test of the person's blood, 
 13.10  breath, or urine for the purpose of determining the presence and 
 13.11  amount of alcohol or a controlled substance.  The test shall be 
 13.12  administered at the direction of an officer authorized to make 
 13.13  arrests under section 624.7142.  Taking or submitting to the 
 13.14  test is mandatory when requested by an officer who has probable 
 13.15  cause to believe the person was carrying a pistol in violation 
 13.16  of section 624.7142, and one of the following conditions exists: 
 13.17     (1) the person has been lawfully placed under arrest for 
 13.18  violating section 624.7142; 
 13.19     (2) the person has been involved while carrying a firearm 
 13.20  in a firearms-related accident resulting in property damage, 
 13.21  personal injury, or death; 
 13.22     (3) the person has refused to take the preliminary 
 13.23  screening test provided for in section 624.7142; or 
 13.24     (4) the screening test was administered and indicated an 
 13.25  alcohol concentration of 0.04 or more the presence of alcohol in 
 13.26  the person's body. 
 13.27     Sec. 15.  Minnesota Statutes 2004, section 624.7143, 
 13.28  subdivision 2, is amended to read: 
 13.29     Subd. 2.  [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 
 13.30  refuses to take a test required under subdivision 1, none must 
 13.31  be given but the officer shall report the refusal to the sheriff 
 13.32  and to the authority having responsibility for prosecution of 
 13.33  misdemeanor offenses for the jurisdiction in which the incident 
 13.34  occurred that gave rise to the test demand and refusal.  On 
 13.35  certification by the officer that probable cause existed to 
 13.36  believe the person had been carrying a pistol on or about the 
 14.1   person's clothes or person in a public place while under the 
 14.2   influence of alcohol or a controlled substance in violation of 
 14.3   section 624.7142, and that the person refused to submit to 
 14.4   testing, a court may impose a civil penalty of $500 and may 
 14.5   revoke the person's authority to carry a pistol in a public 
 14.6   place on or about the person's clothes or person under the 
 14.7   provisions of a permit or otherwise for a period of one year 
 14.8   from the date of the refusal.  The person shall be accorded 
 14.9   notice and an opportunity to be heard prior to imposition of the 
 14.10  civil penalty or the revocation. 
 14.11     (b) Revocations under this subdivision must be reported in 
 14.12  the same manner as in section 624.714, subdivision 12a. 
 14.13     Sec. 16.  [REPEALER.] 
 14.14     Minnesota Statutes 2004, section 609.66, subdivision 1d, is 
 14.15  repealed.