SF 342

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firearms; limiting the discretion of a 
  1.3             chief of police or a county sheriff to deny a permit 
  1.4             to carry to statutory criteria; amending Minnesota 
  1.5             Statutes 1996, section 624.714, subdivisions 5 and 6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 624.714, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [GRANTING OF PERMITS.] (a) No permit to carry 
  1.10  shall be granted to a person unless the applicant: 
  1.11     (a) (1) is not a person prohibited by section 624.713 from 
  1.12  possessing a pistol; 
  1.13     (b) (2) provides a firearms safety certificate recognized 
  1.14  by the department of natural resources, evidence of successful 
  1.15  completion of a test of ability to use a firearm supervised by 
  1.16  the chief of police or sheriff or other satisfactory proof of 
  1.17  ability to use a pistol safely; and 
  1.18     (c) (3) has an occupation or personal safety hazard 
  1.19  requiring a permit to carry. 
  1.20     (b) A determination by the chief of police or sheriff that 
  1.21  the applicant is prohibited by this section from possessing a 
  1.22  pistol or handgun or does not meet the requirements of paragraph 
  1.23  (a), clauses (2) and (3), shall be the only basis for refusal to 
  1.24  grant a permit to carry. 
  1.25     Sec. 2.  Minnesota Statutes 1996, section 624.714, 
  2.1   subdivision 6, is amended to read: 
  2.2      Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
  2.3   police officer or the county sheriff to deny the application or 
  2.4   issue a permit to carry a pistol within 21 days of the date of 
  2.5   application shall be deemed to be a grant thereof.  The local 
  2.6   police authority shall provide an applicant with written 
  2.7   notification of a denial and the specific reason specifically 
  2.8   citing the clause in subdivision 5, paragraph (a), that is the 
  2.9   basis for the denial.  The chief of police or the county sheriff 
  2.10  shall not deny a permit for any other reason.  A chief of police 
  2.11  or a sheriff may charge a fee to cover the cost of conducting a 
  2.12  background check, not to exceed $10.  The permit shall specify 
  2.13  the activities for which it shall be valid.