SF 2364

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; modifying the review provisions 
  1.3             for persons denied permits to carry pistols; 
  1.4             increasing the permit application fee; requiring the 
  1.5             collection and reporting of data on permit 
  1.6             applications; amending Minnesota Statutes 2000, 
  1.7             sections 624.714, subdivisions 6, 12. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 624.714, 
  1.10  subdivision 6, is amended to read: 
  1.11     Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
  1.12  police officer or the county sheriff to deny the application or 
  1.13  issue a permit to carry a pistol within 21 days of the date of 
  1.14  application shall be deemed to be a grant thereof.  The local 
  1.15  police authority shall provide an applicant with written 
  1.16  notification of a denial and the specific reason for the 
  1.17  denial.  This notification must specifically describe the 
  1.18  process for the applicant to seek administrative or judicial 
  1.19  review of the denial under subdivision 12, including, but not 
  1.20  limited to, for each option:  the timeline for requesting a 
  1.21  review, the fees, the standard of review, and the appeal 
  1.22  rights.  A chief of police or a sheriff may charge a an 
  1.23  application fee to cover the cost of conducting a background 
  1.24  check, not to exceed $10 of up to $15.  The permit shall specify 
  1.25  the activities for which it shall be valid. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 624.714, 
  2.1   subdivision 12, is amended to read: 
  2.2      Subd. 12.  [HEARING UPON DENIAL.] (a) Any person aggrieved 
  2.3   by denial of a permit to carry may seek administrative review of 
  2.4   the denial.  The issuing authority must be listed as the 
  2.5   respondent.  An administrative law judge shall conduct a de novo 
  2.6   review of the application on the record and determine whether 
  2.7   the permit should be issued.  A hearing under this paragraph 
  2.8   must be conducted in a simple and informal manner.  If the judge 
  2.9   decides in the applicant's favor, the judge shall order the 
  2.10  issuing authority to pay the applicant's costs related to the 
  2.11  review, including reasonable attorney fees if applicable.  The 
  2.12  order of the administrative law judge constitutes the final 
  2.13  decision in the case.  A party aggrieved by the final decision 
  2.14  is entitled to judicial review of the decision under sections 
  2.15  14.63 to 14.69, except that the district court, instead of the 
  2.16  court of appeals, shall conduct the review in accordance with 
  2.17  those provisions. 
  2.18     (b) As an alternative to seeking administrative review 
  2.19  under paragraph (a), a person aggrieved by denial of a permit to 
  2.20  carry may appeal the denial by petition to the district court 
  2.21  having jurisdiction over in the county or municipality wherein 
  2.22  the notification or denial occurred where the application was 
  2.23  submitted.  The petition must list the issuing authority as the 
  2.24  respondent.  The matter shall be heard A judge shall conduct a 
  2.25  de novo review of the application without a jury and determine 
  2.26  whether the application should be granted. 
  2.27     Sec. 3.  [DATA COLLECTION; REPORT.] 
  2.28     (a) By October 15, 2002, each chief of police and sheriff 
  2.29  shall report to the superintendent of the bureau of criminal 
  2.30  apprehension the following summary data related to applications 
  2.31  for permits to carry pistols under Minnesota Statutes, section 
  2.32  624.714, for the one-year period beginning on July 1, 2001, and 
  2.33  ending on August 31, 2002: 
  2.34     (1) the number of applications received; 
  2.35     (2) the number of permits granted; 
  2.36     (3) the reasons given by the applicants for seeking the 
  3.1   permits; and 
  3.2      (4) for those applications that were denied, the specific 
  3.3   reason for the denial. 
  3.4   The specific reason for the denial required in clause (4) 
  3.5   includes, but is not limited to, the applicant being prohibited 
  3.6   from possessing a firearm under Minnesota Statutes, section 
  3.7   624.713, the applicant not providing a firearms safety 
  3.8   certificate, and the applicant not having an occupation or 
  3.9   personal safety hazard requiring a permit to carry.  If the 
  3.10  applicant was denied the permit based on being prohibited under 
  3.11  Minnesota Statutes, section 624.713, the specific prohibition 
  3.12  must be cited.  If the denial is based on a criminal conviction, 
  3.13  the specific crime of conviction must be cited.  The data 
  3.14  collected under clauses (1) to (4) must be collected generally 
  3.15  and must also be broken down based on the race and gender of the 
  3.16  applicant. 
  3.17     (b) By January 15, 2003, the superintendent shall report a 
  3.18  summary of the data collected under paragraph (a) to the chairs 
  3.19  and ranking minority members of the senate and house committees 
  3.20  having jurisdiction over criminal justice policy. 
  3.21     Sec. 4.  [EFFECTIVE DATES.] 
  3.22     Sections 1 and 2 are effective August 1, 2001.  Section 3 
  3.23  is effective the day following final enactment.