SF 3472

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for the 
  1.3             mandatory issuance of permits to carry pistols to 
  1.4             certain individuals; providing criminal penalties; 
  1.5             appropriating money; amending Minnesota Statutes 2000, 
  1.6             sections 609.66, subdivision 1d; 624.714, subdivisions 
  1.7             2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions; 
  1.8             repealing Minnesota Statutes 2000, section 624.714, 
  1.9             subdivisions 1, 5. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 609.66, 
  1.12  subdivision 1d, is amended to read: 
  1.13     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
  1.14  Except as provided under paragraph (c), whoever possesses, 
  1.15  stores, or keeps a dangerous weapon or uses or brandishes a 
  1.16  replica firearm or a BB gun on school property or at an 
  1.17  identified child care center licensed under chapter 245A is 
  1.18  guilty of a felony and may be sentenced to imprisonment for not 
  1.19  more than two years or to payment of a fine of not more than 
  1.20  $5,000, or both. 
  1.21     (b) Whoever possesses, stores, or keeps a replica firearm 
  1.22  or a BB gun on school property is guilty of a gross misdemeanor. 
  1.23     (c) It is a gross misdemeanor for a person with a permit to 
  1.24  carry a pistol issued under section 624.714, to carry a pistol 
  1.25  on school property or at a child care center licensed under 
  1.26  chapter 245A unless: 
  1.27     (1) the person is in a vehicle dropping-off or picking-up a 
  2.1   child; or 
  2.2      (2) otherwise permitted under paragraph (e). 
  2.3      (c) (d) As used in this subdivision: 
  2.4      (1) "BB gun" means a device that fires or ejects a shot 
  2.5   measuring .18 of an inch or less in diameter; 
  2.6      (2) "dangerous weapon" has the meaning given it in section 
  2.7   609.02, subdivision 6; 
  2.8      (3) "replica firearm" has the meaning given it in section 
  2.9   609.713; and 
  2.10     (4) "school property" means: 
  2.11     (i) a public or private elementary, middle, or secondary 
  2.12  school building and its grounds, whether leased or owned by the 
  2.13  school; and 
  2.14     (ii) the area within a school bus when that bus is being 
  2.15  used to transport one or more elementary, middle, or secondary 
  2.16  school students. 
  2.17     (d) (e) This subdivision does not apply to: 
  2.18     (1) licensed peace officers, military personnel, or 
  2.19  students participating in military training, who are performing 
  2.20  official duties; 
  2.21     (2) persons who carry pistols according to the terms of a 
  2.22  permit; 
  2.23     (3) persons who keep or store in a motor vehicle pistols in 
  2.24  accordance with sections section 624.714 and or 624.715 or other 
  2.25  firearms in accordance with section 97B.045; 
  2.26     (4) (3) firearm safety or marksmanship courses or 
  2.27  activities conducted on school property; 
  2.28     (5) (4) possession of dangerous weapons, BB guns, or 
  2.29  replica firearms by a ceremonial color guard; 
  2.30     (6) (5) a gun or knife show held on school property; or 
  2.31     (7) (6) possession of dangerous weapons, BB guns, or 
  2.32  replica firearms with written permission of the principal or 
  2.33  director of a child care center. 
  2.34     Sec. 2.  Minnesota Statutes 2000, section 624.714, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 1a.  [PENALTY.] (a) A person, other than a peace 
  3.1   officer, as defined in section 626.84, subdivision 1, who 
  3.2   carries, holds, or possesses a pistol in a motor vehicle, 
  3.3   snowmobile, or boat, or on or about the person's clothes or the 
  3.4   person, or otherwise in possession or control in a public place, 
  3.5   as defined in section 624.7181, subdivision 1, paragraph (c), 
  3.6   without first having obtained a permit to carry the pistol is 
  3.7   guilty of a gross misdemeanor.  A person who is convicted a 
  3.8   second or subsequent time is guilty of a felony. 
  3.9      (b) The holder of a permit to carry must have the permit 
  3.10  card in immediate possession at all times when carrying a pistol 
  3.11  and must display it upon lawful demand by a peace officer, as 
  3.12  defined in section 626.84, subdivision 1.  A violation of this 
  3.13  paragraph is a petty misdemeanor.  The fine for a first offense 
  3.14  must not exceed $25. 
  3.15     Sec. 3.  Minnesota Statutes 2000, section 624.714, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 1b.  [SENTENCE ENHANCEMENT.] (a) A permit holder who 
  3.18  uses a pistol to facilitate the commission of a felony may be 
  3.19  sentenced to 125 percent of the maximum sentence otherwise 
  3.20  provided by statute. 
  3.21     (b) It is an affirmative defense to the application of 
  3.22  paragraph (a) that the actor had an honest belief at the 
  3.23  inception of the course of conduct that the actor was acting in 
  3.24  lawful self-defense. 
  3.25     Sec. 4.  Minnesota Statutes 2000, section 624.714, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 1c.  [POSSESSING A PISTOL WHILE UNDER THE 
  3.28  INFLUENCE.] (a) It is a crime for any person to carry a pistol 
  3.29  in a public place on or about the person's clothes or person 
  3.30  when: 
  3.31     (1) the person is under the influence of alcohol; 
  3.32     (2) the person is under the influence of a controlled 
  3.33  substance; 
  3.34     (3) the person is knowingly under the influence of a 
  3.35  hazardous substance that affects the nervous system, brain, or 
  3.36  muscles of the person so as to substantially impair the person's 
  4.1   clearness of intellect or physical control; 
  4.2      (4) the person is under the influence of a combination of 
  4.3   any two or more of the elements named in clauses (1), (2), and 
  4.4   (3); 
  4.5      (5) the person's alcohol concentration at the time of 
  4.6   carrying a pistol in a public place on or about the person's 
  4.7   clothes or person is 0.10 or more; 
  4.8      (6) the person's body contains any amount of a controlled 
  4.9   substance listed in schedule I or II; or 
  4.10     (7) the person's alcohol concentration at the time of 
  4.11  carrying a pistol in a public place on or about the person's 
  4.12  clothes or person is 0.04 or more. 
  4.13     (b) Any person who carries a pistol in a public place on or 
  4.14  about his or her person consents to a chemical test of that 
  4.15  person's blood, breath, or urine for the purpose of determining 
  4.16  the presence of alcohol, controlled substances, or hazardous 
  4.17  substances.  The test must be administered at the direction of a 
  4.18  peace officer.  The administrative procedures under section 
  4.19  169A.51 apply to the test except for provisions that clearly 
  4.20  cannot be applied to incidents under this subdivision. 
  4.21     (c) It is a crime for any person to refuse to submit to a 
  4.22  chemical test of the person's blood, breath, or urine if a peace 
  4.23  officer has probable cause to believe that the person has 
  4.24  violated paragraph (a). 
  4.25     (d) A person who violates paragraph (a) or (c) is guilty of 
  4.26  a misdemeanor.  A second or subsequent violation is a gross 
  4.27  misdemeanor. 
  4.28     (e) If a person with a permit to carry a pistol issued 
  4.29  under this section is charged with a violation under this 
  4.30  subdivision, the person's permit may be suspended by the court 
  4.31  as a condition of release. 
  4.32     (f) A permit issued to a person under this section is 
  4.33  revoked and a new permit may not be issued for one year from the 
  4.34  date of conviction if the person is convicted of a violation of 
  4.35  paragraph (a), clause (7). 
  4.36     (g) A permit issued to a person under this section is 
  5.1   revoked and a new permit may not be issued for three years from 
  5.2   the date of conviction if the person is convicted of a violation 
  5.3   of paragraph (a), clauses (1) to (6), or a second violation of 
  5.4   paragraph (a), clause (7). 
  5.5      (h) A permit issued to a person under this section is 
  5.6   revoked and a new permit may not be issued for the remainder of 
  5.7   the person's lifetime if the person is convicted of a second 
  5.8   violation of paragraph (a), clauses (1) to (6), or a third 
  5.9   violation of paragraph (a), clause (7). 
  5.10     Sec. 5.  Minnesota Statutes 2000, section 624.714, 
  5.11  subdivision 2, is amended to read: 
  5.12     Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
  5.13  PERMIT; CRITERIA; SCOPE.] (a) Applications for permits to carry 
  5.14  shall be made by Minnesota residents to the chief of police of 
  5.15  an organized full-time police department of the municipality 
  5.16  where the applicant resides or to the county sheriff where there 
  5.17  is no such local chief of police where the applicant 
  5.18  resides.  At the time of application, the local police authority 
  5.19  shall provide the applicant with a dated receipt for the 
  5.20  application.  Nonresidents of Minnesota may apply to any 
  5.21  sheriff.  Hereinafter, the sheriff or police chief to whom an 
  5.22  application is submitted shall be referred to as the "issuing 
  5.23  authority." 
  5.24     (b) An issuing authority must issue a permit to an 
  5.25  applicant if the person: 
  5.26     (1) is not prohibited from possessing a firearm under 
  5.27  section 624.713 or 624.719; 
  5.28     (2) has training in the safe use of a pistol; 
  5.29     (3) completes an application for a permit; 
  5.30     (4) is not listed in the criminal gang investigative data 
  5.31  system under section 299C.091, subdivision 2; 
  5.32     (5) is at least 21 years old; 
  5.33     (6) is not incapable of exercising sound judgment with 
  5.34  respect to the proper use and storage of a pistol; 
  5.35     (7) is not a chemically dependent person; and 
  5.36     (8) is not currently restricted under a court protection 
  6.1   order, a restraining order, or an order for protection, other 
  6.2   than an order solely affecting property interests. 
  6.3      (c) A person is incapable of exercising sound judgment with 
  6.4   respect to the proper use and storage of a pistol under 
  6.5   paragraph (b), clause (6), if: 
  6.6      (1) the person has been diagnosed by a licensed physician 
  6.7   as suffering from a psychiatric disorder or condition that 
  6.8   causes or is likely to cause substantial impairment in judgment, 
  6.9   mood, perception, impulse control, or intellectual ability; 
  6.10     (2) the person suffers from a psychiatric disorder or 
  6.11  condition described in clause (1) that: 
  6.12     (i) is in remission but is reasonably likely to redevelop 
  6.13  at a future time; or 
  6.14     (ii) requires continuous medical treatment to avoid 
  6.15  redevelopment; 
  6.16     (3) the person has been diagnosed by a licensed physician 
  6.17  or declared by a court to be incompetent to manage the person's 
  6.18  own affairs; or 
  6.19     (4) the person has entered in any criminal proceeding a 
  6.20  plea of not guilty by reason of insanity. 
  6.21     (d) The following are evidence that a person has a 
  6.22  psychiatric disorder or condition under paragraph (c), clause 
  6.23  (2): 
  6.24     (1) involuntary psychiatric hospitalization in the 
  6.25  preceding five-year period; 
  6.26     (2) psychiatric hospitalization in the preceding two-year 
  6.27  period; 
  6.28     (3) use of psychotropic medication during the preceding 
  6.29  two-year period; 
  6.30     (4) inpatient or residential substance abuse treatment in 
  6.31  the preceding five-year period; 
  6.32     (5) diagnosis in the preceding five-year period by a 
  6.33  licensed physician that the person is dependent on alcohol, a 
  6.34  controlled substance, or a similar substance; or 
  6.35     (6) diagnosis at any time by a licensed physician that the 
  6.36  person suffers or has suffered from a psychiatric disorder or 
  7.1   condition consisting of or relating to: 
  7.2      (i) schizophrenia or delusional disorder; 
  7.3      (ii) bipolar disorder; 
  7.4      (iii) chronic dementia, whether caused by illness, brain 
  7.5   defect, or brain injury; 
  7.6      (iv) dissociative identity disorder; 
  7.7      (v) intermittent explosive disorder; or 
  7.8      (vi) antisocial personality disorder. 
  7.9   A person who has previously been diagnosed as suffering from a 
  7.10  psychiatric disorder or condition is not because of that 
  7.11  disorder or condition incapable of exercising sound judgment 
  7.12  under paragraph (b), clause (6), with respect to the proper use 
  7.13  and storage of a handgun, if the person provides a certificate 
  7.14  from a licensed physician whose primary practice is in the field 
  7.15  of psychiatry stating that the psychiatric disorder or condition 
  7.16  is in remission and is not reasonably likely to develop at a 
  7.17  future time. 
  7.18     (e) A person is a chemically dependent person under 
  7.19  paragraph (b), clause (7), if the person frequently or 
  7.20  repeatedly becomes intoxicated by excessive indulgence in 
  7.21  alcohol or uses controlled substances or dangerous drugs so as 
  7.22  to acquire a fixed habit and an involuntary tendency to become 
  7.23  intoxicated or use those substances as often as the opportunity 
  7.24  is presented.  A person who has been convicted or adjudicated 
  7.25  delinquent two times within the ten-year period preceding an 
  7.26  application under this section of an offense that involves the 
  7.27  use of alcohol or a controlled substance as a statutory element 
  7.28  is a chemically dependent person for purposes of this section 
  7.29  and is ineligible for a permit.  However, this does not preclude 
  7.30  other persons being found ineligible as chemically dependent if 
  7.31  other evidence exists to show that the person is a chemically 
  7.32  dependent person. 
  7.33     (f) A permit to carry a pistol issued under this section is 
  7.34  a state permit and is valid throughout the state. 
  7.35     Sec. 6.  Minnesota Statutes 2000, section 624.714, is 
  7.36  amended by adding a subdivision to read: 
  8.1      Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
  8.2   applicant must present evidence that the applicant received 
  8.3   training in the safe use of a pistol within three years of the 
  8.4   date of an original or renewal application.  Training may be 
  8.5   demonstrated by: 
  8.6      (1) licensure as a peace officer in the state of Minnesota; 
  8.7   or 
  8.8      (2) completion of a firearms safety or training class 
  8.9   providing basic training in the safe use of a pistol and 
  8.10  conducted by a certified instructor. 
  8.11     (b) Basic training must include: 
  8.12     (1) instruction in the fundamentals of pistol use; 
  8.13     (2) successful completion of an actual shooting 
  8.14  qualification exercise prescribed by a certified instructor's 
  8.15  sponsoring agency or organization; and 
  8.16     (3) instruction in the fundamental legal aspects of pistol 
  8.17  possession and use, including self-defense and the restrictions 
  8.18  on the use of deadly force. 
  8.19     (c) A person qualifies as a certified instructor if the 
  8.20  person is certified as a firearms instructor within the past 
  8.21  five years by: 
  8.22     (1) the American Society of Law Enforcement Trainers; 
  8.23     (2) the Minnesota Association of Law Enforcement Firearms 
  8.24  Instructors; 
  8.25     (3) the National Rifle Association; 
  8.26     (4) the American Association of Certified Firearms 
  8.27  Instructors; 
  8.28     (5) the peace officer standards and training board of this 
  8.29  state or a similar agency of another state; 
  8.30     (6) the department of natural resources of this state or a 
  8.31  similar agency of another state; or 
  8.32     (7) the department of public safety of this state or a 
  8.33  similar agency of another state. 
  8.34     (d) An issuing authority must accept the training described 
  8.35  in this subdivision as meeting the requirement in paragraph (a), 
  8.36  clause (2), for training in the safe use of a pistol. 
  9.1      Sec. 7.  Minnesota Statutes 2000, section 624.714, 
  9.2   subdivision 3, is amended to read: 
  9.3      Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
  9.4   Applications for permits to carry shall must be on an official, 
  9.5   standardized application form, adopted under section 624.7151, 
  9.6   and must set forth in writing the following information: 
  9.7      (1) the name, residence, telephone number, if any, and the 
  9.8   Minnesota driver's license number or nonqualification 
  9.9   certificate number, if any, of the a resident applicant or the 
  9.10  current driver's license number or nonqualification certificate 
  9.11  number of an applicant who does not reside in Minnesota; 
  9.12     (2) the sex, date of birth, height, weight, and color of 
  9.13  eyes and hair, and distinguishing physical characteristics, if 
  9.14  any, of the applicant; 
  9.15     (3) a statement by the applicant that, to the best of the 
  9.16  applicant's knowledge and belief, the applicant is not 
  9.17  prohibited by section 624.713 or 624.719 from possessing a 
  9.18  firearm; 
  9.19     (4) the applicant's history during the preceding five 
  9.20  years, if any, of treatment received by, commitment to, or 
  9.21  residence in: 
  9.22     (i) a drug or alcohol treatment center licensed to provide 
  9.23  drug or alcohol treatment under the laws of this state or 
  9.24  another state; or 
  9.25     (ii) a psychiatric hospital; 
  9.26     (5) the applicant's use during the preceding two years of 
  9.27  psychotropic medication; 
  9.28     (6) the applicant's criminal history record, including a 
  9.29  list of offenses for which the applicant was arrested or 
  9.30  charged, and the disposition of the offenses; 
  9.31     (7) the names and telephone numbers of the applicant's 
  9.32  primary care physician and two Minnesota residents who know the 
  9.33  applicant and will serve as references and a statement 
  9.34  authorizing the sheriff to contact these persons and for the 
  9.35  persons to release information about the applicant to the 
  9.36  sheriff regarding the applicant's eligibility for a permit under 
 10.1   this section; and 
 10.2      (8) a statement that the applicant authorizes the release 
 10.3   to the local police issuing authority of commitment information 
 10.4   about the applicant maintained by the commissioner of human 
 10.5   services or such similar agency or department of a state of 
 10.6   residence, to the extent that the information relates to the 
 10.7   applicant's eligibility to possess a pistol or semiautomatic 
 10.8   military-style assault weapon firearm under section 624.713, 
 10.9   subdivision 1;. 
 10.10     (4) a statement by the applicant that the applicant is not 
 10.11  prohibited by section 624.713 from possessing a pistol or 
 10.12  semiautomatic military-style assault weapon; and 
 10.13     (5) a recent color photograph of the applicant. 
 10.14     The application shall be signed and dated by the 
 10.15  applicant.  The statement under clause (3) (8) must comply with 
 10.16  any applicable requirements of Code of Federal Regulations, 
 10.17  title 42, sections 2.31 to 2.35, with respect to consent to 
 10.18  disclosure of alcohol or drug abuse patient records. 
 10.19     (b) An applicant must submit to the issuing authority an 
 10.20  application packet consisting of the following items: 
 10.21     (1) a completed application form, signed and dated by the 
 10.22  applicant; 
 10.23     (2) a photocopy of a certificate, affidavit, or other 
 10.24  document that is submitted as the applicant's evidence of 
 10.25  training in the safe use of a pistol; 
 10.26     (3) a recent color photograph or other image of the 
 10.27  applicant in which the head, including hair, is the size 
 10.28  required by the standardized carry permit card described in 
 10.29  subdivision 7; 
 10.30     (4) a letter from a physician stating that the applicant is 
 10.31  not ineligible for a permit under this section based on a 
 10.32  psychiatric disorder or condition or other mental health 
 10.33  condition, a chemical dependency problem, or other 
 10.34  health-related disqualification; and 
 10.35     (5) an accurate photocopy of the applicant's current 
 10.36  driver's license or nonqualification certificate if the 
 11.1   application is not submitted in person. 
 11.2      (c) If the application packet is not submitted in person, 
 11.3   the application form must be notarized. 
 11.4      (d) The issuing authority may charge a new application 
 11.5   processing fee in an amount not to exceed the actual and 
 11.6   reasonable direct cost of processing the application or $100, 
 11.7   whichever is less.  Of this amount, $35 must be submitted to the 
 11.8   commissioner of public safety and deposited into the general 
 11.9   fund. 
 11.10     (e) Forms for new and renewal applications must be 
 11.11  available at all sheriffs' and police chiefs' offices and the 
 11.12  commissioner of public safety must make the forms available on 
 11.13  the Internet.  Application forms must clearly display a notice 
 11.14  that a permit, if granted, is void and must be immediately 
 11.15  returned to the issuing authority if the permit holder becomes 
 11.16  ineligible to possess a firearm under section 624.713.  The 
 11.17  notice may list the applicable offenses. 
 11.18     (f) Upon receipt of an application packet and any required 
 11.19  fee, the issuing authority must provide a receipt indicating the 
 11.20  date of submission. 
 11.21     Sec. 8.  Minnesota Statutes 2000, section 624.714, 
 11.22  subdivision 4, is amended to read: 
 11.23     Subd. 4.  [INVESTIGATION.] (a) The application issuing 
 11.24  authority shall must check criminal records, histories, and 
 11.25  warrant information on each applicant through the Minnesota 
 11.26  Crime Information System. The chief of police or sheriff 
 11.27  shall and, to the extent necessary, the National Instant Check 
 11.28  System and the National Crime Record Repository, and must make a 
 11.29  reasonable effort to check other available state and local 
 11.30  recordkeeping systems.  The issuing authority must also obtain 
 11.31  commitment information from the commissioner of human services 
 11.32  as provided in section 245.041 or, if the information is 
 11.33  reasonably available, as provided by a similar statute from 
 11.34  another state.  
 11.35     (b) The issuing authority must conduct a background check 
 11.36  on a permit holder through the Minnesota Crime Information 
 12.1   System and, to the extent necessary, the National Instant Check 
 12.2   System and the National Crime Record Repository at least yearly 
 12.3   to ensure continuing eligibility.  The issuing authority may 
 12.4   conduct additional background checks on a permit holder at any 
 12.5   time during the period that a permit is in effect. 
 12.6      (c) If the issuing authority has reason to believe that 
 12.7   additional investigation may result in acquiring information 
 12.8   relevant to the performance of a duty required or authorized by 
 12.9   this section, including, but not limited to, determining whether 
 12.10  the person is qualified for a permit under subdivision 2 or may 
 12.11  be dangerous to the public under subdivisions 6 and 12, the 
 12.12  authority may investigate the matter. 
 12.13     Sec. 9.  Minnesota Statutes 2000, section 624.714, 
 12.14  subdivision 6, is amended to read: 
 12.15     Subd. 6.  [FAILURE TO GRANT GRANTING AND DENIAL OF 
 12.16  PERMITS.] (a) The issuing authority must, within 20 business 
 12.17  days after the date of receipt of the application packet 
 12.18  described in subdivision 3: 
 12.19     (1) issue the permit to carry; 
 12.20     (2) deny the application for a permit to carry solely on 
 12.21  the grounds that the applicant failed to qualify under the 
 12.22  criteria described in subdivision 2; or 
 12.23     (3) deny the application on the grounds that there is a 
 12.24  substantial likelihood that the applicant may be dangerous to 
 12.25  the public if authorized to carry a pistol under a permit. 
 12.26     (b) Failure of the chief police officer or the county 
 12.27  sheriff issuing authority to deny the application or issue a 
 12.28  permit to carry a pistol notify the applicant of the denial of 
 12.29  the application within 21 20 business days of after the date 
 12.30  of receipt of the application shall be deemed to be a grant 
 12.31  thereof. packet constitutes issuance of the permit to carry and 
 12.32  the issuing authority must promptly fulfill the requirements 
 12.33  under paragraph (c).  To deny the application, the local police 
 12.34  issuing authority shall must provide an the applicant with 
 12.35  written notification of a denial and the specific reason factual 
 12.36  basis for the denial and the source of the factual basis and 
 13.1   must inform the applicant of the applicant's right to submit, 
 13.2   within 20 business days, any additional documentation relating 
 13.3   to the propriety of the denial.  A chief of police or a sheriff 
 13.4   may charge a fee to cover the cost of conducting a background 
 13.5   check, not to exceed $10.  The permit shall specify the 
 13.6   activities for which it shall be valid.  Upon receiving any 
 13.7   additional documentation, the issuing authority must reconsider 
 13.8   the denial and inform the applicant within 15 business days of 
 13.9   the result of the reconsideration.  Any denial after 
 13.10  reconsideration must be in the same form and substance as the 
 13.11  original denial and must specifically address any continued 
 13.12  deficiencies in light of the additional documentation submitted 
 13.13  by the applicant.  The applicant must be informed of the right 
 13.14  to seek de novo review of the denial as provided in subdivision 
 13.15  12. 
 13.16     (c) Upon issuing a permit to carry, the issuing authority 
 13.17  must provide a laminated permit card to the applicant by first 
 13.18  class mail unless personal delivery has been made.  Within five 
 13.19  business days, the issuing authority must submit the information 
 13.20  specified in subdivision 7, paragraph (a), clauses (1) and (2), 
 13.21  to the commissioner of public safety for inclusion in the 
 13.22  database required under subdivision 15, paragraph (b). 
 13.23     (d) Notwithstanding paragraphs (a) to (c), the issuing 
 13.24  authority may suspend the application process if a charge is 
 13.25  pending against the applicant that, if resulting in conviction, 
 13.26  will disqualify the applicant from possessing a firearm under 
 13.27  section 624.713. 
 13.28     Sec. 10.  Minnesota Statutes 2000, section 624.714, 
 13.29  subdivision 7, is amended to read: 
 13.30     Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
 13.31  Permits to carry a pistol issued pursuant to this section shall 
 13.32  expire after one year and shall thereafter be renewed in the 
 13.33  same manner and subject to the same provisions by which the 
 13.34  original permit was obtained, except that all renewed permits 
 13.35  must comply with the standards adopted by the commissioner of 
 13.36  public safety under section 624.7161. (a) Permits to carry must 
 14.1   be on an official, standardized permit card adopted by the 
 14.2   commissioner of public safety, containing only the following 
 14.3   information about the permit holder: 
 14.4      (1) the name, residence, and driver's license number or 
 14.5   nonqualification certificate number, if any; 
 14.6      (2) the sex, date of birth, height, weight, color of eyes 
 14.7   and hair, and distinguishing characteristics, if any; and 
 14.8      (3) a recent color photograph of the permit holder. 
 14.9      (b) The permit card must also state the expiration date of 
 14.10  the permit and must clearly display a notice that a permit, if 
 14.11  granted, is void and must be immediately returned to the issuing 
 14.12  authority if the permit holder becomes ineligible to possess a 
 14.13  firearm under section 624.713. 
 14.14     (c) A permit to carry a pistol issued under this section 
 14.15  shall expire after four years and shall thereafter be renewed in 
 14.16  the same manner and under the same criteria which the original 
 14.17  permit was obtained, subject to the following procedures: 
 14.18     (1) no earlier than 90 days prior to the expiration date on 
 14.19  the permit, the permit holder may renew the permit by submitting 
 14.20  to the appropriate sheriff or police chief the application 
 14.21  packet described in subdivision 3 and a renewal processing fee 
 14.22  not to exceed the actual and reasonable direct cost of 
 14.23  processing the application or $100, whichever is less.  Of this 
 14.24  amount, $5 must be submitted to the commissioner of public 
 14.25  safety and deposited into the general fund.  The issuing 
 14.26  authority must process the renewal application in accordance 
 14.27  with subdivisions 4 and 6; and 
 14.28     (2) a permit holder who submits a renewal application 
 14.29  packet after the expiration date of the permit but within 30 
 14.30  days after expiration, may renew the permit as provided in 
 14.31  clause (1) by paying an additional late fee of $10. 
 14.32     (d) The renewal permit is effective beginning on the 
 14.33  expiration date of the prior permit to carry. 
 14.34     Sec. 11.  Minnesota Statutes 2000, section 624.714, is 
 14.35  amended by adding a subdivision to read: 
 14.36     Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
 15.1   PERMIT.] (a) Within 30 days after changing permanent address, or 
 15.2   within 30 days of having lost or destroyed the permit card, the 
 15.3   permit holder must notify the issuing authority of the change, 
 15.4   loss, or destruction.  Failure to provide notification as 
 15.5   required by this subdivision is a petty misdemeanor.  The fine 
 15.6   for a first offense must not exceed $25. 
 15.7      (b) After notice is given under paragraph (a), a permit 
 15.8   holder may obtain a replacement permit card by paying $15 to the 
 15.9   issuing authority.  The request for a replacement permit card 
 15.10  must be made on an application adopted for this purpose under 
 15.11  section 624.7151, and, except in the case of an address change, 
 15.12  must include a notarized statement that the permit card has been 
 15.13  lost or destroyed.  
 15.14     Sec. 12.  Minnesota Statutes 2000, section 624.714, 
 15.15  subdivision 8, is amended to read: 
 15.16     Subd. 8.  [PERMIT TO CARRY VOIDED OR REVOKED.] (a) The 
 15.17  permit to carry shall be is void and must be revoked at the time 
 15.18  that the permit holder becomes prohibited from possessing 
 15.19  a pistol firearm under section 624.713, in which event the 
 15.20  holder shall must return the permit card to the issuing 
 15.21  authority within five business days to the application authority 
 15.22  after the holder knows or should know that the holder is a 
 15.23  prohibited person.  If a permit is revoked under this 
 15.24  subdivision, the issuing authority must give notice to the 
 15.25  permit holder in writing in the same manner as a denial.  
 15.26  Failure of the holder to return the permit within the five days 
 15.27  is a gross misdemeanor unless the court finds that the 
 15.28  circumstances or the physical or mental condition of the permit 
 15.29  holder prevented the holder from complying with the return 
 15.30  requirement. 
 15.31     (b) When a permit holder is convicted of an offense that 
 15.32  disqualifies the permit holder from possessing a firearm under 
 15.33  section 624.713, the court must revoke, take possession of the 
 15.34  permit, and send it to the issuing authority. 
 15.35     (c) The issuing authority may file a petition with the 
 15.36  district court having jurisdiction over the county or 
 16.1   municipality where the application was submitted for an order 
 16.2   revoking a permit to carry on the grounds set forth in 
 16.3   subdivision 6, paragraph (a), clause (3).  An order shall be 
 16.4   issued only if the issuing authority meets the burden of proof 
 16.5   set forth in subdivision 12, paragraph (b).  If the court denies 
 16.6   the petition, the court must award the permit holder reasonable 
 16.7   costs and expenses, including attorney fees. 
 16.8      Sec. 13.  Minnesota Statutes 2000, section 624.714, is 
 16.9   amended by adding a subdivision to read: 
 16.10     Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
 16.11  charged with an offense that would disqualify the person from 
 16.12  possessing a firearm under section 624.713, the prosecuting 
 16.13  attorney must ascertain whether the person is a permit holder 
 16.14  under this section.  If the person is a permit holder, the 
 16.15  prosecutor must notify the issuing authority that the person has 
 16.16  been charged with a disqualifying offense.  The prosecutor must 
 16.17  also notify the issuing authority of the final disposition of 
 16.18  the case. 
 16.19     Sec. 14.  Minnesota Statutes 2000, section 624.714, 
 16.20  subdivision 10, is amended to read: 
 16.21     Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
 16.22  causes to be given any false material information in applying 
 16.23  for a permit to carry, knowing or having reason to know the 
 16.24  information is false, is guilty of a gross misdemeanor. 
 16.25     Sec. 15.  Minnesota Statutes 2000, section 624.714, is 
 16.26  amended by adding a subdivision to read: 
 16.27     Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff or 
 16.28  police chief may issue an emergency permit to a person if the 
 16.29  issuing authority determines that the person is in an emergency 
 16.30  situation that may constitute an immediate risk to the safety of 
 16.31  the person or someone residing in the person's household.  A 
 16.32  person seeking an emergency permit must complete an application 
 16.33  form and must sign an affidavit describing the emergency 
 16.34  situation.  An emergency permit applicant does not need to 
 16.35  provide a photograph or evidence of training.  An emergency 
 16.36  permit is valid for 30 days, may not be renewed, and may be 
 17.1   revoked without a hearing.  No fee may be charged for an 
 17.2   emergency permit.  An emergency permit holder may seek a regular 
 17.3   permit under subdivision 3 and subject to the other applicable 
 17.4   provisions of this section. 
 17.5      Sec. 16.  Minnesota Statutes 2000, section 624.714, 
 17.6   subdivision 12, is amended to read: 
 17.7      Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] (a) Any 
 17.8   person aggrieved by denial or revocation of a permit to carry 
 17.9   may appeal the denial by petition to the district court having 
 17.10  jurisdiction over the county or municipality wherein the 
 17.11  notification or denial occurred where the application was 
 17.12  submitted.  The petition must list the issuing authority as the 
 17.13  respondent.  The district court must hold a hearing at the 
 17.14  earliest practicable date and in any event no later than 60 days 
 17.15  following the filing of the petition for review.  The court may 
 17.16  not grant or deny any relief before the completion of the 
 17.17  hearing.  The matter shall must be heard de novo without a jury. 
 17.18     (b) The court must issue its writ of mandamus directing 
 17.19  that the permit be issued and order other appropriate relief 
 17.20  unless the police chief or sheriff establishes by clear and 
 17.21  convincing evidence:  
 17.22     (1) that the applicant is disqualified under the criteria 
 17.23  described in subdivision 2, paragraph (b); or 
 17.24     (2) that there is a substantial likelihood that the 
 17.25  applicant may be dangerous to the public if authorized to carry 
 17.26  a pistol under a permit.  The applicant's dangerousness to the 
 17.27  public may be established by the applicant's criminal or 
 17.28  noncriminal history, including, but not limited to, the 
 17.29  following: 
 17.30     (i) contemporaneously investigated and documented 
 17.31  behavioral incidents of violence, not including incidents for 
 17.32  which the applicant was charged and acquitted; or 
 17.33     (ii) a condition of mental impairment.  For purposes of 
 17.34  this paragraph, "mental impairment" means a "mentally ill 
 17.35  person," "mentally retarded person," or "a person mentally ill 
 17.36  and dangerous to the public" as those terms are defined in 
 18.1   section 253B.02. 
 18.2      (c) If the court grants a petition brought under paragraph 
 18.3   (a), the court must award the applicant or permit holder 
 18.4   reasonable costs and expenses including attorney fees.  
 18.5      Sec. 17.  Minnesota Statutes 2000, section 624.714, is 
 18.6   amended by adding a subdivision to read: 
 18.7      Subd. 12a.  [SUSPENSION AS CONDITION OF RELEASE.] The 
 18.8   district court may order suspension of the application process 
 18.9   for a permit or suspend the permit of a permit holder as a 
 18.10  condition of release pursuant to the same criteria as the 
 18.11  surrender of firearms under section 629.715. 
 18.12     Sec. 18.  Minnesota Statutes 2000, section 624.714, is 
 18.13  amended by adding a subdivision to read: 
 18.14     Subd. 14.  [RECORDS.] (a) A sheriff or police chief must 
 18.15  not maintain records or data collected, made, or held under this 
 18.16  section concerning any applicant or permit holder that are not 
 18.17  necessary under this section to support a permit that is 
 18.18  outstanding or eligible for renewal under subdivision 7, 
 18.19  paragraph (b).  Notwithstanding section 138.163, sheriffs and 
 18.20  police chiefs must completely purge all files and databases by 
 18.21  March 1 of each year to delete all information collected under 
 18.22  this section concerning all persons who are no longer current 
 18.23  permit holders or currently eligible to renew their permit. 
 18.24     (b) Paragraph (a) does not apply to records or data 
 18.25  concerning an applicant or permit holder who has had a permit 
 18.26  denied or revoked under subdivision 2, paragraph (b), clause 
 18.27  (1), or subdivision 12. 
 18.28     Sec. 19.  Minnesota Statutes 2000, section 624.714, is 
 18.29  amended by adding a subdivision to read: 
 18.30     Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
 18.31  DATABASE.] (a) The commissioner of public safety may contract 
 18.32  with one or more vendors to implement the requirements of this 
 18.33  section. 
 18.34     (b) The commissioner of public safety must maintain an 
 18.35  automated database of persons authorized to carry pistols under 
 18.36  this section that is available 24 hours a day, seven days a 
 19.1   week, to law enforcement agencies, including prosecutors 
 19.2   carrying out their duties under subdivision 8a, solely to verify 
 19.3   the validity of a permit. 
 19.4      Sec. 20.  Minnesota Statutes 2000, section 624.714, is 
 19.5   amended by adding a subdivision to read: 
 19.6      Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
 19.7   The attorney general must establish and publish a list of other 
 19.8   states that have laws governing the issuance of permits to carry 
 19.9   weapons that are not substantially similar to this section.  The 
 19.10  list must be available on the Internet.  A person holding a 
 19.11  carry permit from a state not on the list may use the license or 
 19.12  permit in this state subject to the rights, privileges, and 
 19.13  requirements of this section. 
 19.14     (b) Notwithstanding paragraph (a), no license or permit 
 19.15  from another state is valid in this state if the holder is or 
 19.16  becomes prohibited from possessing a firearm under section 
 19.17  624.713. 
 19.18     (c) Any sheriff or police chief may file a petition under 
 19.19  subdivision 12, seeking an order that paragraph (a) does not 
 19.20  apply to a particular individual on the grounds set forth in 
 19.21  subdivision 6, paragraph (a), clause (3).  An order shall only 
 19.22  be issued if the issuing authority meets the burden of proof set 
 19.23  forth in subdivision 12, paragraph (b).  If the court denies the 
 19.24  petition, the court must award the permit holder reasonable 
 19.25  costs and expenses including attorney fees.  The petition may be 
 19.26  filed in any county in the state where a person holding a 
 19.27  license or permit from another state can be found. 
 19.28     Sec. 21.  Minnesota Statutes 2000, section 624.714, is 
 19.29  amended by adding a subdivision to read: 
 19.30     Subd. 17.  [IMMUNITY.] Neither a sheriff, police chief, any 
 19.31  employee of a sheriff or police chief involved in the permit 
 19.32  issuing process, nor any certified instructor is liable for 
 19.33  damages resulting or arising from acts with a firearm committed 
 19.34  by a permit holder, unless the person had actual knowledge at 
 19.35  the time the permit was issued or the instruction was given that 
 19.36  the applicant was disqualified by law from possessing a firearm 
 20.1   under section 624.713. 
 20.2      Sec. 22.  Minnesota Statutes 2000, section 624.714, is 
 20.3   amended by adding a subdivision to read: 
 20.4      Subd. 18.  [MONITORING.] (a) By March 1, 2004, and each 
 20.5   year thereafter, the commissioner of public safety must report 
 20.6   to the legislature on: 
 20.7      (1) the number of permits to carry issued, suspended, 
 20.8   revoked, and denied since the previous submission, and in total; 
 20.9      (2) the number of permits to carry currently valid; 
 20.10     (3) the specific reasons for each suspension, revocation, 
 20.11  and denial and the number of reversed, canceled, or corrected 
 20.12  actions; 
 20.13     (4) the number of convictions and types of crimes committed 
 20.14  since the previous submission, and in total, by individuals with 
 20.15  permits to carry, including data as to whether a firearm 
 20.16  lawfully carried solely by virtue of a permit to carry was 
 20.17  actually used in furtherance of the crime; and 
 20.18     (5) to the extent known or determinable, data on the lawful 
 20.19  and justifiable use of firearms by permit holders.  
 20.20     (b) Sheriffs and police chiefs must supply the department 
 20.21  of public safety with the basic data the department requires to 
 20.22  complete the report under paragraph (a).  Sheriffs and police 
 20.23  chiefs may submit data classified as private to the department 
 20.24  of public safety under this paragraph. 
 20.25     (c) Copies of the report under paragraph (a) must be made 
 20.26  available to the public at the actual cost of duplication. 
 20.27     (d) Nothing contained in any provision of this section or 
 20.28  any other law requires or authorizes the registration, 
 20.29  documentation, collection, or providing of serial numbers or 
 20.30  other data on firearms or on firearms owners. 
 20.31     Sec. 23.  Minnesota Statutes 2000, section 624.714, is 
 20.32  amended by adding a subdivision to read: 
 20.33     Subd. 19.  [EXCLUSIVITY.] This section sets forth the 
 20.34  complete and exclusive criteria and procedures for the issuance 
 20.35  of permits to carry and no sheriff, police chief, or other 
 20.36  person may change, modify, or supplement these criteria or 
 21.1   procedures. 
 21.2      Sec. 24.  Minnesota Statutes 2000, section 624.714, is 
 21.3   amended by adding a subdivision to read: 
 21.4      Subd. 20.  [EXCEPTIONS; PROPERTY WHERE NOTICE IS 
 21.5   GIVEN.] Notwithstanding any other law to the contrary, a person, 
 21.6   business, or state or local unit of government may prohibit the 
 21.7   possession of a pistol in a building or property owned or leased 
 21.8   by the person, business, or unit by giving actual verbal or 
 21.9   written notice or by posting a conspicuous written notice at the 
 21.10  entrance to the property that the possession of a pistol on the 
 21.11  property is prohibited. 
 21.12     Sec. 25.  [APPROPRIATION.] 
 21.13     $1,618,000 for the fiscal year ending June 30, 2003, is 
 21.14  appropriated from the general fund to the commissioner of public 
 21.15  safety to implement the provisions of this act. 
 21.16     Sec. 26.  [GRANDFATHER CLAUSE.] 
 21.17     Permits to carry pistols issued prior to the effective date 
 21.18  of this act remain in effect and are valid under the terms of 
 21.19  issuance until the date of expiration applicable at the time of 
 21.20  issuance.  However, a person holding a permit that was issued 
 21.21  prior to the effective date of this act may nevertheless apply 
 21.22  for a permit under the terms and conditions of this act. 
 21.23     Sec. 27.  [REPEALER.] 
 21.24     Minnesota Statutes 2000, section 624.714, subdivisions 1 
 21.25  and 5, are repealed. 
 21.26     Sec. 28.  [EFFECTIVE DATE.] 
 21.27     This act is effective August 1, 2002, and applies to crimes 
 21.28  committed on or after that date, except that the attorney 
 21.29  general must promulgate the list required under section 20 
 21.30  within 90 days of final enactment.