SF 2921

as introduced - 88th Legislature (2013 - 2014) Posted on 10/02/2014 02:57pm

A bill for an act
relating to public safety; providing for the right to carry a firearm without a permit;
providing for penalties; amending Minnesota Statutes 2012, sections 624.714,
by adding a subdivision; 624.7142, subdivisions 5, 6; 624.7143, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 624; repealing
Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, 13.

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

Section 1.

new text begin [624.7121] PERMIT NOT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Right to carry. new text end

new text begin Notwithstanding any other law to the contrary,
every citizen in this state shall have an affirmative, fundamental, and constitutional right
to keep and bear firearms, including the right to carry openly or concealed, carry loaded
or unloaded, transport, possess, use, acquire, purchase, transfer, inherit, buy, sell, give,
or otherwise dispose of or receive any firearm or self-defense device without a permit,
permission, or restriction of any kind from or by this state or any of its political subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Optional permit. new text end

new text begin Obtaining a permit to carry a pistol under section
624.714 is optional. The voluntary nature of the permit shall not be construed to require a
person to obtain a permit to carry a pistol under sections 624.711 to 624.717.
new text end

Sec. 2.

Minnesota Statutes 2012, section 624.714, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Permits. new text end

new text begin (a) Due to every state citizen having a fundamental constitutional
right to keep and bear arms, obtaining a permit under this section shall be optional. The
voluntary nature of the permit shall not be construed to relieve the sheriff of the burden of
proof for denying an application for a permit. Issuance of a permit under this section by
the sheriff shall be prima facie evidence that law enforcement authorities have verified that
the person is qualified under the law and not prohibited from possessing firearms pursuant
to section 624.713 or other law. Nothing in this section shall be construed to require that a
person must obtain a permit under this section in order to carry a pistol.
new text end

new text begin (b) The voluntary nature of a permit to carry a pistol may not be construed to relieve
the sheriff of the burden of proof for denying an application for a permit. Issuance of a
permit to carry a pistol under this section by the sheriff shall be prima facie evidence that
law enforcement authorities have verified that the individual is qualified under the law and
is not prohibited from possessing firearms under the laws of the state.
new text end

new text begin (c) A permit to carry a pistol shall be available to those persons who wish to carry
a pistol openly or concealed on or about one's person or in a vehicle and shall be valid
throughout the state.
new text end

new text begin (d) A permit to carry a pistol shall provide citizens of this state with the ability to
carry a firearm in any state that the state maintains a reciprocal agreement for the mutual
recognition of permits to carry firearms.
new text end

Sec. 3.

Minnesota Statutes 2012, section 624.7142, subdivision 5, is amended to read:

Subd. 5.

Suspension.

A person who is charged with a violation under this section
may have their authority to carry a pistol in a public place on or about the person's clothes
or person under the provisions of a permit or deleted text begin otherwise deleted text end new text begin without a permit new text end suspended by the
court as a condition of release.

Sec. 4.

Minnesota Statutes 2012, section 624.7142, subdivision 6, is amended to read:

Subd. 6.

Penalties.

(a) A person who violates a prohibition under subdivision 1,
clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a
gross misdemeanor.

(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.

(c) In addition to the penalty imposed under paragraph (a), if a person violates
subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place
on or about the person's clothes or person under the provisions of a permit or deleted text begin otherwise
deleted text end new text begin without a permit new text end is revoked and the person may not reapply new text begin for a permit or carry a firearm
without a permit new text end for a period of one year from the date of conviction.

(d) In addition to the penalty imposed under paragraph (b), if a person violates
subdivision 1, clause (6), the person's authority to carry a pistol in a public place on or
about the person's clothes or person under the provisions of a permit or deleted text begin otherwise deleted text end new text begin without
a permit new text end is suspended for 180 days from the date of conviction.

(e) Notwithstanding section 609.531, a firearm carried in violation of subdivision
1, clause (6), is not subject to forfeiture.

Sec. 5.

Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:

Subd. 2.

Penalties; refusal; revocation.

(a) If a person refuses to take a test
required under subdivision 1, none must be given but the officer shall report the refusal
to the sheriff and to the authority having responsibility for prosecution of misdemeanor
offenses for the jurisdiction in which the incident occurred that gave rise to the test
demand and refusal. On certification by the officer that probable cause existed to believe
the person had been carrying a pistol on or about the person's clothes or person in a public
place while under the influence of alcohol or a controlled substance, and that the person
refused to submit to testing, a court may impose a civil penalty of $500 and may revoke
the person's authority to carry a pistol in a public place on or about the person's clothes or
person under the provisions of a permit or deleted text begin otherwise deleted text end new text begin without a permit new text end for a period of one
year from the date of the refusal. The person shall be accorded notice and an opportunity
to be heard prior to imposition of the civil penalty or the revocation.

(b) Revocations under this subdivision must be reported in the same manner as in
section 624.714, subdivision 12a.

Sec. 6.

new text begin [624.7182] INTERFERENCE WITH THE RIGHT TO CARRY, DISPLAY,
OR POSSESS.
new text end

new text begin (a) A public official who interferes with the right to carry a pistol under sections
624.7121 and 624.714 is guilty of a misdemeanor for the following offenses:
new text end

new text begin (1) arresting or attempting to arrest a person for the lawful possession of a pistol,
whether or not the person possesses a license issued under section 624.714. The public
official shall be personally liable for attorney fees and costs incurred in any action to
enforce sections 624.7121 and 624.714;
new text end

new text begin (2) stopping, restraining, detaining, or otherwise harassing a person for carrying a
pistol, whether openly or concealed, whether or not the person possesses a license under
section 624.714. A public official who wrongfully stops, restrains, detains, or otherwise
harasses a person in violation of the provisions of section 624.7121 or 624.714 shall be
personally liable for attorney fees, courts costs, and expenses incurred in any action to
enforce sections 624.7121 and 624.714; and
new text end

new text begin (3) denial, suspension, or revocation of a license or application for a license under
section 624.714 without just cause. A public official who denies, suspends, or revokes a
license or application for a license to carry a pistol without just cause shall be personally
liable for attorney fees, court costs, and expenses incurred in any action to enforce section
624.714.
new text end

new text begin (b) The attorney general shall investigate, enforce, and prosecute violations under
this section.
new text end

new text begin (c) For the purposes of this section, "public official" means any person holding an
office of public trust, whether appointed or elected, or any person employed by the state or
any of its political subdivisions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
new text end

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the Bureau of Criminal Apprehension,
shall draft legislation showing necessary changes to clarify and conform statutory
provisions relating to possessing and carrying a firearm in Minnesota Statutes with this
act. The draft legislation shall be submitted to the house of representatives and senate
committees with jurisdiction over the carrying of firearms.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, and 13, new text end new text begin are
repealed.
new text end