SF 2271

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; enacting the Minnesota
Public Protection Act of 2005; authorizing concealed
carry permits for pistols; providing eligibility
requirements for permits; requiring chief law
enforcement officers to grant or deny permits;
providing for applicant investigations, fees, pistol
training, renewal, and other concealed carry permit
system requirements; providing that an applicant who
has been denied a permit may appeal to a petition
review board; repealing the Minnesota Citizens'
Personal Protection Act of 2003; imposing criminal
penalties; proposing coding for new law in Minnesota
Statutes, chapter 624; repealing Minnesota Statutes
2004, sections 13.87, subdivision 2; 609.66,
subdivision 1d; 624.714; 624.7142; 624.7143.

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

Section 1.

new text begin [624.7145] CARRYING OF WEAPONS WITHOUT PERMIT;
PENALTIES; PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in
this subdivision apply to this section.
new text end

new text begin (b) "Concealed carry" means carrying or wearing not more
than one permitted concealed pistol and any accessories in a
secure manner reasonably calculated to entirely hide the weapon
from public view and to prevent accidental dropping or discharge.
new text end

new text begin (c) "Concealed carry permit" means a permit to carry not
more than one concealed pistol granted by the applicable chief
law enforcement officer to a qualified applicant as set forth in
this section. A permit to carry a concealed pistol issued by
the chief law enforcement officer is valid throughout Minnesota,
subject to the restrictions enumerated in this section.
new text end

new text begin (d) "Chief law enforcement officer" means either the chief
of police of an organized full-time municipality where the
applicant resides or the county sheriff where there is no local
chief of police where the applicant resides. The chief law
enforcement officer may assign a designee, so long as the
designee is a full-time, certified peace officer employed within
the same department.
new text end

new text begin Subd. 2. new text end

new text begin Penalties for carrying a pistol without a
permit. new text end

new text begin (a) A person, other than a licensed peace officer or
authorized military personnel, who carries, holds, or possesses
a pistol on or about the person's clothing 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 concealed carry permit, is guilty of a gross
misdemeanor. A person who is convicted of a second or
subsequent offense is guilty of a felony, and may be sentenced
to imprisonment for not more than two years or a fine of $5,000,
or both.
new text end

new text begin (b) The holder of a concealed carry permit must have the
permit card and matching government-issued photo identification
in immediate possession at all times when carrying a pistol and
must display them upon lawful demand by a peace officer.
new text end

new text begin (1) A violation of this paragraph is a misdemeanor,
punishable by a fine of not less than $200.
new text end

new text begin (2) A person who is convicted of a second offense is guilty
of a gross misdemeanor.
new text end

new text begin (c) A person granted a permit to carry a weapon, upon a
traffic stop, upon any accident scene, or upon any detainment or
presence by police officers for the purpose of investigating,
must announce to the officer in charge that the person possesses
a permit and whether that person is carrying a weapon.
Authority to disarm without cause is granted to any licensed
peace officer.
new text end

new text begin (d) A person having a permit to carry a weapon must conceal
the weapon from public view. Exposing the weapon to view by
another person except at the request of a public safety officer
or in the instance of clear and present lethal threat to human
life is a crime of brandishing, punishable as a gross
misdemeanor.
new text end

new text begin (e) In any instance of investigation, a licensed peace
officer may disarm involved persons and bystanders while the
investigation is in progress. Weapons may be returned
immediately after the investigation or held by the police chief
for return after a cooling-off period or disposition of the
investigation.
new text end

new text begin (f) Non-Minnesota permits are invalid in Minnesota.
new text end

new text begin Unless otherwise provided by law, any violation of this
subdivision is a gross misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Permit not required for certain activities. new text end

new text begin (a)
Uniformed private security guards, as defined by section 626.88,
subdivision 1, paragraph (c), while engaged in official duties
of a licensed security company, and who are issued a pistol as
part of their required job duties, must have a concealed carry
permit but may carry a pistol and any accessories either
concealed or in plain view.
new text end

new text begin (b) A permit to carry is not required of a person:
new text end

new text begin (1) to keep or carry a pistol about the person's place of
business, dwelling house, premises, or on land possessed by the
person;
new text end

new text begin (2) to carry a pistol in the woods or fields or upon the
waters of this state for the purpose of hunting or target
shooting in an authorized area; or
new text end

new text begin (3) to transport a pistol if the pistol is unloaded and
contained in a closed and fastened case, gunbox, or securely
tied package.
new text end

new text begin (c) A permit to carry a pistol is not required of any
officer of a state adult correctional facility when on guard
duty or otherwise engaged in an assigned duty.
new text end

new text begin Subd. 4. new text end

new text begin Granting of a permit. new text end

new text begin (a) Applications for
concealed carry permits shall be made to the chief of police of
an organized full-time police department of the municipality
where the applicant resides or the county sheriff where there is
no such local chief of police where the applicant resides.
new text end

new text begin (b) A permit to carry a concealed pistol shall be issued by
the chief law enforcement officer or designee so long as the
applicant meets the qualifications set forth in this paragraph
and the applicant:
new text end

new text begin (1) has not been convicted of the following crimes:
new text end

new text begin (i) section 518.01, subdivision 4;
new text end

new text begin (ii) section 609.224, subdivision 3;
new text end

new text begin (iii) section 609.2242, subdivisions 1 and 2;
new text end

new text begin (iv) section 609.749, subdivisions 2 and 8;
new text end

new text begin (v) section 624.713;
new text end

new text begin (vi) section 624.719;
new text end

new text begin (vii) section 629.715, subdivision 2;
new text end

new text begin (viii) section 629.72, subdivision 2;
new text end

new text begin (ix) section 609.21, subdivision 2b;
new text end

new text begin (x) section 609.66;
new text end

new text begin (xi) section 617.23;
new text end

new text begin (xii) section 609.377;
new text end

new text begin (xiii) section 609.748;
new text end

new text begin (xiv) section 518B.01, subdivisions 14 and 22; or
new text end

new text begin (xv) section 169A.20;
new text end

new text begin (2)(i) has an occupation requiring a permit to carry a
concealed weapon; or
new text end

new text begin (ii) has a personal safety hazard which will be defined by
the Pistol Permit Review Board by August 1, 2005, and will be
uniformly applied throughout the state;
new text end

new text begin (3) is not listed on the criminal gang investigative data
system under section 299C.091;
new text end

new text begin (4) passes a background check;
new text end

new text begin (5) successfully completes the required training;
new text end

new text begin (6) is a Minnesota resident;
new text end

new text begin (7) is a person capable of exercising sound judgment with
respect to the proper use and storage of a pistol; and
new text end

new text begin (8) does not frequently and repeatedly become habitually
intoxicated.
new text end

new text begin (c) For purposes of paragraph (b), clause (7), a person is
incapable of exercising sound judgment with respect to the
proper usage and storage of a pistol if the person:
new text end

new text begin (1) has been diagnosed by a licensed physician as suffering
from a disorder or condition that causes or is likely to cause
substantial impairment in judgment, mood, perception, impulse
control, or intellectual ability;
new text end

new text begin (2) suffers from a psychiatric disorder or condition that:
new text end

new text begin (i) is in remission but is reasonably likely to redevelop
at a future time; or
new text end

new text begin (ii) requires continuous medical treatment to avoid
redevelopment;
new text end

new text begin (3) has been diagnosed by a licensed physician or declared
by a court to be incompetent to manage the person's own affairs;
or
new text end

new text begin (4) has entered in a criminal proceeding a plea of not
guilty by reason of insanity.
new text end

new text begin (d) The following constitutes evidence that a person has a
psychiatric disorder or condition described in paragraph (c),
clause (2):
new text end

new text begin (1) involuntary psychiatric hospitalization in the
preceding five-year period;
new text end

new text begin (2) psychiatric hospitalization in the preceding two-year
period;
new text end

new text begin (3) inpatient or residential substance abuse treatment in
the preceding five-year period;
new text end

new text begin (4) diagnosis in the preceding five-year period by a
licensed physician that the person is dependent on alcohol, a
controlled substance, or a similar substance; or
new text end

new text begin (5) diagnosis at any time by a licensed physician that the
person suffers or has suffered from a psychiatric disorder or
condition consisting of or relating to:
new text end

new text begin (i) schizophrenia or delusional disorder;
new text end

new text begin (ii) bipolar disorder;
new text end

new text begin (iii) chronic dementia, whether caused by illness, brain
defect, or brain injury;
new text end

new text begin (iv) dissociative identity disorder;
new text end

new text begin (v) intermittent explosive disorder; or
new text end

new text begin (vi) antisocial personality disorder.
new text end

new text begin (e) Notwithstanding paragraph (c), a person who has
previously been diagnosed as suffering from a psychiatric
disorder or condition described by paragraph (c) or listed in
paragraph (d) is not because of that disorder or condition
incapable of exercising sound judgment with respect to the
proper use and storage of a pistol if the person provides the
department with a certificate from a licensed physician whose
primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not
reasonably likely to develop at a future time.
new text end

new text begin (f) Notwithstanding any other law to the contrary, persons
convicted of a crime will be ineligible for a concealed carry
permit for the following time periods:
new text end

new text begin (1) persons convicted of any misdemeanor are ineligible for
a concealed carry permit for five years from the date of
conviction;
new text end

new text begin (2) persons convicted of any gross misdemeanor are
ineligible for a concealed carry permit for ten years from the
date of conviction; and
new text end

new text begin (3) persons convicted of any felony are ineligible for a
concealed carry permit for life.
new text end

new text begin Stayed adjudication, deferred adjudication, plea bargains, nolo
contendre pleas, and expunged convictions are treated as
convictions.
new text end

new text begin Subd. 5. new text end

new text begin Application process; false information;
penalties. new text end

new text begin (a) Applications for permits to carry a concealed
pistol shall be on an official, standardized application form,
adopted under section 624.7151 by the commissioner of public
safety, shall be made in person, and must set forth in writing:
new text end

new text begin (1) the name, residence, telephone number, and driver's
license number or nonqualification certificate number, if any,
of the applicant;
new text end

new text begin (2) list other states in which the applicant has resided;
new text end

new text begin (3) proof of citizenship, naturalization, or immigration
status;
new text end

new text begin (4) the sex, date of birth, height, weight, color of eyes
and hair, tattoos, and any other distinguishing physical
characteristics, if any;
new text end

new text begin (5) that the applicant is at least 21 years of age at the
time of application;
new text end

new text begin (6) that the applicant has been a resident of Minnesota for
at least 60 days prior to the time of application;
new text end

new text begin (7) a statement that the applicant authorizes and will
execute any data practices release to the chief law enforcement
official or designee for any commitment information about the
applicant maintained by the commissioner of human services or
such similar agency or department of a state of residence, to
the extent that information relates to the applicant's
eligibility to possess a pistol or firearm under section
624.713, subdivision 1; and
new text end

new text begin (8) a statement from the applicant that the applicant is
not prohibited by any of the enumerated factors listed in
section 624.713 from possessing a pistol or firearm.
new text end

new text begin (b) The applicant must also submit:
new text end

new text begin (1) a recent, clearly focused, color photograph of the
applicant's face and head, including the hair; the photograph
shall measure approximately one inch by one inch;
new text end

new text begin (2) a statement from the applicant that the applicant
agrees, pursuant to Code of Federal Regulations, title 42,
sections 2.31 to 2.35, that information may be released
pertaining to the disclosure of alcohol and drug abuse patient
records; and
new text end

new text begin (3) a fingerprint card issued by a certified agency.
new text end

new text begin (c) The applicant must also submit a certificate,
affidavit, or other documentation that substantiates the
applicant's completion of training in the safe use of a pistol,
and as provided in this section.
new text end

new text begin (d) A permit may only be issued after the applicant files
with the issuing authority proof that the applicant has, through
a homeowner's or renter's insurance policy or otherwise,
personal liability insurance that insures against the
applicant's tort liability for personal injury, death, or
property damage caused by the applicant's use of a pistol
authorized under this section.
new text end

new text begin The personal liability coverage must not have a limit of
less than $100,000 per incident and per claimant.
new text end

new text begin (e) The proof of insurance filed to comply with this
section must be a certificate issued by the insurance company,
certifying that the applicant has coverage that complies with
this subdivision, or a copy of the policy including riders and
endorsements. Insurance required under this subdivision must be
issued by an insurance company licensed to sell property and
casualty insurance in this state. If the coverage required by
this section terminates for any reason, whether at the instance
of the permit holder or the insurance company, the permit is
automatically suspended as of the date and time of termination.
The permit holder may reinstate the permit by filing with the
issuing authority proof of new or reinstated insurance coverage
that complies with this subdivision.
new text end

new text begin (f) The applicant must also state that the applicant has
read and understands that the issuance of a permit to carry a
concealed pistol by implication of law includes items,
responsibilities, and other factors listed in clauses (1) to (6):
new text end

new text begin (1) the applicant carries no specific immunities for any
intentional or negligent discharge of the pistol;
new text end

new text begin (2) the bearer of the pistol may be personally liable for
all monetary damages available under civil law;
new text end

new text begin (3) as a result of discharging, using, or brandishing the
pistol, the applicant may be subject to additional criminal
penalties;
new text end

new text begin (4) that the issuance of a concealed carry permit does not
grant to the permit holder any statutorily enumerated duties of
a licensed peace officer;
new text end

new text begin (5) that a permit to carry a concealed pistol is
immediately void and must be returned in the event the permit
holder becomes ineligible to possess any firearm under section
624.713 or if the permit holder is convicted of any other crime
of violence; and
new text end

new text begin (6) that a person who carries a pistol in a public place or
about the person's clothes or person, pursuant to a concealed
carry permit, expressly consents to a chemical test of that
person's blood, breath, or urine for the purpose of determining
the presence of alcohol, controlled substances, or hazardous
substances at any time while carrying a pistol pursuant to the
concealed carry permit.
new text end

new text begin (g) The applicant must also set forth in writing that the
applicant is not subject to any existing or current order for
protection or ex parte order for protection pursuant to section
518B.01.
new text end

new text begin (h) The applicant shall finalize the application by
submitting the applicant's notarized signature or otherwise
signing the application in the presence of a named, licensed
peace officer.
new text end

new text begin (i) Conspicuously posted on the bottom of each application
form shall be the following warning:
new text end

new text begin "FALSE REPRESENTATIONS. Whoever, with intent to obtain a
concealed carry permit, submits false information to the chief
law enforcement officer or designee, which the applicant knew or
had reason to know was false, and that information is or would
be relied upon in granting a permit to carry a concealed pistol,
is guilty of a felony and may be sentenced to imprisonment for
not more than three years or a fine of not more than $5,000, or
both.
new text end

new text begin Subd. 6. new text end

new text begin Permit card contents. new text end

new text begin Concealed carry permits
must be on an official, standardized permit card adopted by the
commissioner of public safety containing:
new text end

new text begin (1) a statement of the period for which the permit is
effective;
new text end

new text begin (2) a color photograph of the permit holder; and
new text end

new text begin (3) the permit holder's full name, date of birth, residence
address, hair and eye color, height, weight, signature, and the
number of a driver's license or an identification certificate
issued to the license holder by the department.
new text end

new text begin Subd. 7. new text end

new text begin Investigation, renewal investigations, and
records retention. new text end

new text begin (a) Upon returning the completed application
forms to the chief law enforcement officer, the applicant shall
be provided with a dated receipt, and the chief law enforcement
officer or designee shall have 30 days to either grant or deny
the concealed carry permit. The chief law enforcement officer
may charge an application processing fee in an amount not to
exceed $500 or actual cost, whichever is less, as set by the
issuing body to cover the costs of local administrative
investigation.
new text end

new text begin (b) In determining whether to grant or deny the concealed
carry permit, the chief law enforcement officer or designee may
conduct any local, state, or federal record checks, including
juvenile records, in verifying that the applicant is not
ineligible to possess a pistol under section 624.713. These
record checks include not only current databases but other
databases that may be developed for law enforcement use. In
addition, the chief law enforcement officer or designee may
consult with any other law enforcement agencies in ascertaining
if the requisite conditions have been met. The chief law
enforcement officer must also obtain commitment information from
the commissioner of human services as provided in section
245.041 or, if the information is reasonably available, as
provided by a similar statute from another state.
new text end

new text begin (c) The chief law enforcement officer must also check to
determine whether the applicant is listed in the criminal gang
investigative data system under section 299C.091.
new text end

new text begin (d) In conducting these investigations, and in reviewing
information submitted in the application, the chief law
enforcement officer acting in good faith may request additional
information to verify the information submitted by the
applicant. The chief law enforcement officer may request the
applicant sign any data practices release form as may be
necessary to obtain the required information.
new text end

new text begin (e) The chief law enforcement officer or designee shall
conduct a renewed background check on the permit holder upon
every reapplication for the concealed carry permit. The chief
law enforcement officer may charge an administrative fee for
renewal background checks not to exceed $500 or actual cost,
whichever is less, as set by the issuing body. Nothing in this
section prevents a chief law enforcement officer from conducting
more frequent background checks on any concealed carry permit
holder, but no additional administrative charges may be charged
to the permit holder for such additional background checks.
new text end

new text begin (f) The chief law enforcement officer shall retain all
records pertaining to every concealed carry permit for as long
as the permit is valid. After expiration of the permit, all
records relating to the granting of the permit may be destroyed
under the applicable county or municipality records retention
schedule.
new text end

new text begin Subd. 8. new text end

new text begin Issuance or denial within 30 days; inaction
results in denial; immunity; permit updates. new text end

new text begin (a) Upon
conclusion of the investigation, and no later than 30 days
following submission of the application, a permit to carry a
concealed pistol shall be issued by the chief law enforcement
officer if there is no basis to find the applicant is otherwise
disqualified.
new text end

new text begin (b) The chief law enforcement officer or designee, acting
in good faith, has the discretion to deny permits based upon an
applicant's criminal or noncriminal history of behavior that
indicates by a preponderance of the evidence that the applicant
may pose a threat to public safety if permitted to carry a
concealed pistol.
new text end

new text begin (c) If the chief law enforcement officer or designee does
not respond within 30 days upon receipt of the completed
application, the permit is deemed to be denied.
new text end

new text begin (d) The chief law enforcement officer or designee who
issues a concealed carry permit in good faith is not liable for
damages resulting or arising from the actions, negligence, or
misconduct as may be committed by the individual holder of the
concealed carry permit.
new text end

new text begin (e) Every holder of a permit to carry a concealed pistol
shall notify the chief law enforcement officer or designee who
issued the permit of any name or address change within 30 days
of such change. No further investigation is required, but the
chief law enforcement officer or designee may charge an
administrative fee of not more than $10 for the new permit
card. The chief law enforcement officer or designee shall
report any name or address changes to the Department of Public
Safety. Failure to notify the chief law enforcement officer or
designee is a misdemeanor violation.
new text end

new text begin Subd. 9. new text end

new text begin Database. new text end

new text begin (a) The commissioner must maintain an
automated database of persons authorized to carry pistols under
this section that is available 24 hours a day, seven days a
week, to law enforcement agencies, including prosecutors and
probation officers.
new text end

new text begin (b) Permits granted after the database established under
Minnesota Statutes 2004, section 624.714, subdivision 15, was
suspended July 13, 2004, shall be forwarded by the Bureau of
Criminal Apprehension to the commissioner for inclusion in the
database required under paragraph (a).
new text end

new text begin (c) The commissioner may disclose to a criminal justice
agency, as defined in section 299C.46, subdivision 2,
information relating to persons in the automated database of
persons authorized to carry pistols, including whether a person
has a concealed carry permit. The commissioner shall, on
written request and payment of a reasonable fee to cover costs
of copying, disclose to any other individual whether a named
individual or any individual whose full name is listed on a
specified written list has a concealed carry permit.
Information on an individual subject to disclosure under this
paragraph includes the individual's name, date of birth, gender,
and zip code.
new text end

new text begin Subd. 10. new text end

new text begin Denial of permit; specific basis. new text end

new text begin The decision
to deny the permit to carry a concealed pistol shall be in
writing and on the letterhead of the chief law enforcement
officer or designee. Every decision to deny a permit shall also
articulate in writing the specific basis for the denial,
including any criminal or noncriminal history of behavior that
indicates by a preponderance of the evidence that the applicant
may pose a threat to public safety if permitted to carry a
concealed pistol. The chief law enforcement officer may also
include any supplemental documentation supporting the denial, in
conformance with section 13.82.
new text end

new text begin Subd. 11. new text end

new text begin Appeal from denial; burden of proof; petition
review board. new text end

new text begin (a) Any person aggrieved by denial of a concealed
carry permit may seek administrative review of the denial by
petition to the Pistol Permit Review Board. The petition must
list the issuing authority as the respondent and must include
the reasons why the person believes the application was
improperly denied. The petition may include supporting
documents or affidavits. The petition must be delivered by
first class mail to the board and to the issuing authority. The
issuing authority may respond in writing to the petition and
submit supporting documentation. This response must be
delivered by first class mail to the person appealing the denial
and to the board. The board may direct either party to provide
additional information in writing. Without holding a hearing,
and after reviewing the information submitted by both parties,
the board shall decide whether to order the issuing authority to
issue a permit. This review is a de novo review. The board may
adopt rules to carry out its responsibilities under this
subdivision. The board's order constitutes the final decision
in the case. A party aggrieved by the final decision is
entitled to judicial review of the decision under sections 14.63
to 14.69, except that the district court, instead of the Court
of Appeals, shall conduct the review in accordance with those
provisions.
new text end

new text begin (b) The Pistol Permit Review Board consists of:
new text end

new text begin (1) a sheriff, appointed by the president of the Minnesota
Sheriffs Association;
new text end

new text begin (2) a police chief, appointed by the president of the
Minnesota Chiefs of Police Association; and
new text end

new text begin (3) a peace officer, appointed by the executive director of
the Minnesota Police and Peace Officers Association.
new text end

new text begin (c) The board may elect a chair from among its members.
Members of the board shall serve a two-year term. The
Department of Public Safety shall supply necessary office space
and support staff to the board. The board shall conduct reviews
of denied permit applications as provided in paragraph (a).
Board members may be compensated for their expenses as provided
in section 15.0575, subdivision 3.
new text end

new text begin (d) The board shall also adopt a definition of personal
safety hazard for subdivision 4, paragraph (b), clause (3).
Adoption of the definition is not subject to chapter 14.
new text end

new text begin Subd. 12. new text end

new text begin Qualified pistol training. new text end

new text begin (a) The Pistol
Permit Review Board shall prepare a standardized pistol training
curriculum no later than August 1, 2005, including qualifying
criteria for a live shooting exercise, to be conducted by a
certified firearms instructor. This curriculum shall include
basic training in the safe use of a pistol, including:
new text end

new text begin (1) instruction as to potential criminal and civil
liability that may accrue in the event of a negligent shooting;
new text end

new text begin (2) specific instruction that the granting of a concealed
carry permit carries with it no other statutory immunities;
new text end

new text begin (3) specific instruction on threat assessment and illegal
activities under this section and the potential criminal
penalties for violating this section and other law;
new text end

new text begin (4) instructions and penalties for carrying a pistol while
under the influence of alcohol, for having any detectable blood
alcohol concentration, or having any measurable amount of
controlled substances listed in section 152.02 or any hazardous
substances as listed in rules adopted under chapter 182;
new text end

new text begin (5) instruction and successful completion of a live fire
shooting exercise;
new text end

new text begin (6) instruction in the safe use, transfer, and storage of a
semiautomatic pistol and revolver;
new text end

new text begin (7) instruction in the fundamental legal aspects of pistol
possession and use, including reasonable self-defense and the
duty to secure firearms against unauthorized persons;
new text end

new text begin (8) training in nonviolent dispute resolution; and
new text end

new text begin (9) successful completion of a written examination.
new text end

new text begin (b) Only firearms instructors certified by the following
agencies or organizations in the standardized curriculum are
qualified to conduct courses under this subdivision, including:
new text end

new text begin (1) the Peace Officers Standards and Training Board; and
new text end

new text begin (2) the Minnesota Association of Law Enforcement Firearms
Instructors.
new text end

new text begin Subd. 13. new text end

new text begin Renewal of permit to carry pistol. new text end

new text begin Permits to
carry a pistol issued pursuant to this section shall expire
after two years from the date of initial issuance and shall be
renewed in the same manner and subject to the same provisions by
which the original permit was obtained, including the qualified
pistol training. All renewed permits must comply with any
uniform standards as may be adopted by the commissioner of
public safety pursuant to section 624.7161.
new text end

new text begin Subd. 14. new text end

new text begin Permit to carry voided; penalties; notice of
revocation. new text end

new text begin (a) The chief law enforcement officer or designee
shall revoke a concealed pistol carry permit at any time the
permit holder becomes ineligible under section 624.713.
new text end

new text begin (b) The permit to carry a concealed pistol shall be void at
any time that the holder becomes prohibited from possessing a
pistol under section 624.713, in which event the holder shall
return the permit within five days to the issuing authority.
Failure of the holder to return the permit within five days is a
gross misdemeanor unless the court finds that the circumstances
or the physical or mental condition of the permit holder
prevented the holder from complying with the return requirement.
new text end

new text begin (c) A concealed carry permit is automatically revoked upon
conviction of any gross misdemeanor or felony charge under
section 624.714 and is suspended upon probable cause arrest for
any of the gross misdemeanors and felonies specified in section
624.714.
new text end

new text begin (d) Notice of revocation of the concealed carry permit is
effective upon either personal service or certified postmarked
mail by the United States Post Office to the address on record
of the permit holder. The chief law enforcement officer or
designee shall keep copies and receipts of all such notices in
the regular course of business.
new text end

new text begin Subd. 15. new text end

new text begin Provision for felony sentencing enhancement. new text end

new text begin A
holder of a concealed carry permit who uses a pistol to
facilitate the commission of a felony may be sentenced to 125
percent of the maximum sentence otherwise provided by statute.
This sentence enhancement is nonexclusive to any other sentence
that may be lawfully imposed.
new text end

new text begin Subd. 16. new text end

new text begin Concealed weapon permit holders possessing a
pistol while under the influence of alcohol or any controlled
substance; mandatory chemical testing upon a showing of probable
cause. new text end

new text begin (a) Permits to carry concealed weapons become invalid
when the permitted individual has any detectable blood alcohol
content (BAC).
new text end

new text begin (b) It is a gross misdemeanor for any holder of a concealed
carry permit to carry a pistol in a public place or about the
person's clothes or person:
new text end

new text begin (1) when the permitted individual has any detectable blood
alcohol content;
new text end

new text begin (2) when the holder is under the influence of a controlled
substance, as listed in Schedule I, II, III, IV, and V in
section 152.02; or
new text end

new text begin (3) when the holder is knowingly under the influence of a
hazardous substance as defined by the rules adopted under
chapter 182 that affects the nervous system, brain, or muscles
of a person so as to substantially impair the person's clarity
of intellect or physical control.
new text end

new text begin (c) A person who carries a pistol in a public place or
about the person's clothes or person, and pursuant to a
concealed carry permit, expressly consents to a chemical test of
that person's blood, breath, or urine for the purpose of
determining the presence of alcohol, controlled substances, or
hazardous substances.
new text end

new text begin (d) Upon an articulable suspicion by a peace officer that a
permit holder may be under the influence of any of the foregoing
substances, the permit holder must submit to a preliminary
breath test or other field sobriety tests, including a
reasonable time for detainment should a drug recognition expert
be needed.
new text end

new text begin (e) Upon probable cause to believe that a holder is under
the influence of any of the substances described in paragraph
(b), clauses (1) to (3), the peace officer may detain the holder
of the permit and direct that the holder take additional breath,
blood, and/or urine tests as directed by the arresting officer.
new text end

new text begin (f) Subject to the right to consult with an attorney for a
reasonable time following any arrest, and subject to the right
to obtain independent chemical tests, the holder has no right to
refuse any chemical test as directed by the arresting officer.
An officer may test the permit holder with any equipment
approved by the Department of Public Safety as is otherwise used
in chapter 169A. An officer may require the permit holder to
undertake tests as may be conducted by a certified drug
recognition expert.
new text end

new text begin (g) Upon a showing of probable cause that the holder may be
under the influence of alcohol or controlled or hazardous
substances, it is a gross misdemeanor to refuse chemical tests
at the arresting officer's direction.
new text end

new text begin (h) A peace officer acting in good faith shall be immune
from liability in effecting arrests under this subdivision.
new text end

new text begin (i) Any conviction pursuant to subdivision 13 results in a
permanent lifetime revocation of the concealed carry permit.
new text end

new text begin Subd. 17. new text end

new text begin Administrative forfeiture. new text end

new text begin (a) Upon probable
cause to arrest a concealed carry permit holder for any of the
gross misdemeanors and felonies specified in this section, there
is a presumption in favor of administrative forfeiture of the
pistol at the time of arrest; both the concealed pistol and any
accessories may immediately be seized by law enforcement without
further process.
new text end

new text begin (b) Upon seizure of the pistol and accessories, notice may
otherwise be given in the manner provided by law for service of
summons in a civil action. The notice must be in writing and
contain:
new text end

new text begin (1) description of the pistol and accessories seized,
including any serial numbers;
new text end

new text begin (2) the date and place of seizure;
new text end

new text begin (3) the law enforcement agency making the seizure; and
new text end

new text begin (4) the following notice of the right to obtain judicial
review of the forfeiture:
new text end

new text begin "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED
IN MINNESOTA STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE
THE RIGHT TO DETERMINATION OF JUDICIAL FORFEITURE AND YOU LOSE
ANY RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY."
new text end

new text begin (c) The permit holder has no right to post bond for
recovery of the pistol pending the proceeding.
new text end

new text begin (d) Judicial forfeiture proceedings are otherwise
controlled as set forth in section 609.5314, subdivision 3.
new text end

new text begin Subd. 18. new text end

new text begin Possession of concealed pistol on school
property; penalties. new text end

new text begin (a) Whoever possesses, stores, or keeps a
dangerous weapon or uses or brandishes a replica firearm or BB
gun within 500 feet of school property or youth organization
property, exempting private property owned by an individual, is
guilty of a felony and may be sentenced to imprisonment of not
more than two years or a fine of not more than $5,000, or both.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "BB gun" means a device that fires, ejects, or tosses a
shot or projectile measuring .18 inches or less in diameter;
new text end

new text begin (2) "dangerous weapon" has the meaning given to it in
section 609.02, subdivision 6;
new text end

new text begin (3) "replica firearm" has the meaning given it in section
609.713;
new text end

new text begin (4) "school property" means:
new text end

new text begin (i) a public or private elementary, middle, or secondary
school building and its grounds, whether leased or owned by the
school;
new text end

new text begin (ii) the area within a school bus when that bus is being
used to transport any school student;
new text end

new text begin (iii) a licensed or unlicensed day care, preschool, church
school, or nursery; and
new text end

new text begin (iv) any public or private university or college;
new text end

new text begin (5) "youth organization property" means a property of a
nonpublic service organization whose primary function is
providing occasional services to minors, such as youth sports
organizations; YMCA; YWCA; scouting organizations, boys' or
girls' clubs; programs providing friends, counselors, or role
models for minors; youth theater; dance, music, or artistic
organizations; agricultural organizations for minors, including
4-H clubs; and other youth organizations.
new text end

new text begin (c) This subdivision does not apply to:
new text end

new text begin (1) licensed peace officers, military personnel, or
uniformed private security guards as defined by section 626.88,
subdivision 1, paragraph (c), who are performing official
duties;
new text end

new text begin (2) persons who keep or store pistols in a motor vehicle if
the pistol is unloaded and contained in a closed and fastened
case, gunbox, or securely tied package;
new text end

new text begin (3) firearms safety or marksmanship programs conducted on
school property, or students participating in military training
with the written permission of the school's principal; and
new text end

new text begin (4) possession of dangerous weapons, BB guns, or replica
firearms by a ceremonial color guard for programming officially
sanctioned by the school.
new text end

new text begin Subd. 19. new text end

new text begin Prohibition of guns. new text end

new text begin Pistols or firearms are
prohibited for all concealed carry permit holders except for law
enforcement and private security guards at the following
locations:
new text end

new text begin (1) any establishment or event requiring a license or
permit to serve or sell alcohol;
new text end

new text begin (2) places of worship;
new text end

new text begin (3) any public or private arena or sports facility; and
new text end

new text begin (4) any state, county, or city park.
new text end

new text begin Subd. 20. new text end

new text begin Private property; employers; local government
property. new text end

new text begin (a) Private property owners, including landlords,
retain the right to ban weapons from their premises including
parking lots and garages. Private property owners may notify
the public by any reasonable means. Permit holders must give
notice that they are carrying a concealed weapon and obtain
permission from the property owner.
new text end

new text begin (1) Permission is not required when:
new text end

new text begin (i) the property owner has consented and is present; or
new text end

new text begin (ii) signs measuring 8-1/2 inches by 11 inches are posted
at all entrances stating "Guns Welcome" in no less than
200-point typeface.
new text end

new text begin (2) Ignorance of private property preferences is not a
defense under this paragraph.
new text end

new text begin (b) An employer, whether public or private, may establish
policies that restrict the carrying or possessing of firearms by
its employees while acting in the course and scope of employment.
Employment-related civil sanctions may be invoked for a
violation.
new text end

new text begin (c) Local government may prohibit or allow concealed
weapons in buildings, facilities, or at any events that require
a permit from that government.
new text end

new text begin Subd. 21. new text end

new text begin Monitoring. new text end

new text begin (a) By March 1, 2006, and each
year after that, the commissioner of public safety must report
to the legislature on:
new text end

new text begin (1) the number of 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;
new text end

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

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

new text begin (4) without expressly identifying an applicant, the number
of denials or revocations based on the grounds under subdivision
9, 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;
new text end

new text begin (5) the number of permit holders arrested; and
new text end

new text begin (6) the number of convictions and types of crimes committed
since the previous submission, and in total, by individuals with
permits, including data as to whether a firearm lawfully carried
solely by virtue of a permit was actually used in furtherance of
the crime.
new text end

new text begin (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 under chapter 13 to
the Department of Public Safety under this paragraph.
new text end

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

new text begin (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.
new text end

new text begin Subd. 22. new text end

new text begin Short title. new text end

new text begin This section may be cited as the
Minnesota Public Protection Act of 2005.
new text end

Sec. 2. new text begin GRANDFATHER CLAUSE.
new text end

new text begin Permits to carry pistols issued prior to the effective date
of section 1 remain in effect and are valid under the terms of
issuance until 90 days after the effective date of section 1.
However, a person holding a permit that was issued prior to the
effective date of section 1 may nevertheless apply for a permit
under the terms and conditions of section 1.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 13.87, subdivision 2;
609.66, subdivision 1d; 624.714; 624.7142; and 624.7143, are
repealed.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end