SF 557

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 08:49am

A bill for an act
relating to public safety; firearms; improving mental health screening for persons
applying for firearms permits; amending Minnesota Statutes 2012, sections
624.7131, subdivisions 2, 4; 624.7132, subdivisions 2, 3, 5, 13; 624.714,
subdivisions 2, 6, 12, 16.

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

Section 1.

Minnesota Statutes 2012, section 624.7131, subdivision 2, is amended to read:

Subd. 2.

Investigation.

new text begin (a) new text end The chief of police or sheriff shall check criminal
histories, records and warrant information relating to the applicant through the Minnesota
Crime Information System, the national criminal record repository, and the National
Instant Criminal Background Check System. The chief of police or sheriff shall also make
a reasonable effort to check other available state and local record-keeping systems. The
chief of police or sheriff shall obtain commitment information from the commissioner of
human services as provided in section 245.041.

new text begin (b) When the applicant has had past police contacts that indicate dangerous or violent
behavior, chemical dependency, serious mental illness, or a physical condition involving
mental incompetence, the chief of police or sheriff, as a condition of granting the permit,
may require that the applicant obtain a letter from a state licensed primary care physician
or state certified mental health professional, or both, affirming that, in the person's
professional opinion, the applicant is not seriously mentally ill or chemically dependent,
and does not have a physical condition involving mental incompetence such that the person
would be likely to be violent or a danger to self or others. The chief of police or sheriff must
take the letter under consideration but is not required to treat the letter as determinative
or conclusive in the decision to issue or deny the permit. Any such requirement by the
chief of police or sheriff suspends the count on the waiting period beginning at the time
the requirement is determined until the required letter or letters are provided.
new text end

Sec. 2.

Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:

Subd. 4.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon new text begin , or as provided in subdivision 2, paragraph
(b), new text end shall be the only basis for refusal to grant a transferee permit.

Sec. 3.

Minnesota Statutes 2012, section 624.7132, subdivision 2, is amended to read:

Subd. 2.

Investigation.

new text begin (a) new text end Upon receipt of a transfer report, the chief of police
or sheriff shall check criminal histories, records and warrant information relating to the
proposed transferee through the Minnesota Crime Information System, the national
criminal record repository, and the National Instant Criminal Background Check System.
The chief of police or sheriff shall also make a reasonable effort to check other available
state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services as provided in section
245.041.

new text begin (b) When the applicant has had past police contacts that indicate dangerous or violent
behavior, chemical dependency, serious mental illness, or a physical condition involving
mental incompetence, the chief of police or sheriff, as a condition of granting the permit,
may require that the applicant obtain a letter from a state licensed primary care physician
or state certified mental health professional, or both, affirming that, in the person's
professional opinion, the applicant is not seriously mentally ill or chemically dependent,
and does not have a physical condition involving mental incompetence such that the person
would be likely to be violent or a danger to self or others. The chief of police or sheriff must
take the letter under consideration but is not required to treat the letter as determinative
or conclusive in the decision to issue or deny the permit. Any such requirement by the
chief of police or sheriff suspends the count on the waiting period beginning at the time
the requirement is determined until the required letter or letters are provided.
new text end

Sec. 4.

Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that
the proposed transferee is prohibited by section 624.713 new text begin or as provided in subdivision 2,
paragraph (b), new text end from possessing a pistol or semiautomatic military-style assault weapon.
The notification to the transferee shall specify the grounds for the disqualification of the
proposed transferee and shall set forth in detail the transferee's right of appeal under
subdivision 13.

Sec. 5.

Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or
sheriff that the proposed transferee is prohibited by section 624.713 new text begin or as provided in
subdivision 2, paragraph (b), new text end from possessing a pistol or semiautomatic military-style
assault weapon shall be the sole basis for a notification of disqualification under this section.

Sec. 6.

Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:

Subd. 13.

Appeal.

A person aggrieved by the deleted text begin determination of a chief of police
or sheriff that the person is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon deleted text end new text begin denial of a transferee permit new text end may appeal deleted text begin the
determination as provided in this subdivision. deleted text end the new text begin denial to the new text end district court deleted text begin shall have
deleted text end new text begin having new text end jurisdiction deleted text begin of proceedings under this subdivision deleted text end new text begin over the county or municipality
in which the denial occurred new text end .

deleted text begin On review pursuant to this subdivision, the court shall be limited to a determination
of whether the proposed transferee is a person prohibited from possessing a pistol or
semiautomatic military-style assault weapon by section 624.713.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 624.714, subdivision 2, is amended to read:

Subd. 2.

Where application made; authority to issue permit; criteria; scope.

(a) Applications by Minnesota residents for permits to carry shall be made to the county
sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision
42, deleted text begin may apply to any sheriff deleted text end new text begin are not eligible to apply for a permit new text end .

(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,
paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:

(1) has training in the safe use of a pistol;

(2) is at least 21 years old and a citizen or a permanent resident of the United States;

(3) completes an application for a permit;

(4) is not prohibited from possessing a firearm under deleted text begin the following sections: deleted text end new text begin any
state or federal law; and
new text end

deleted text begin (i) 518B.01, subdivision 14;
deleted text end

deleted text begin (ii) 609.224, subdivision 3;
deleted text end

deleted text begin (iii) 609.2242, subdivision 3;
deleted text end

deleted text begin (iv) 609.749, subdivision 8;
deleted text end

deleted text begin (v) 624.713;
deleted text end

deleted text begin (vi) 624.719;
deleted text end

deleted text begin (vii) 629.715, subdivision 2;
deleted text end

deleted text begin (viii) 629.72, subdivision 2; or
deleted text end

deleted text begin (ix) any federal law; and
deleted text end

(5) is not listed in the criminal gang investigative data system under section 299C.091.

(c) A permit to carry a pistol issued or recognized under this section is a state permit
and is effective throughout the state.

(d) A sheriff may contract with a police chief to process permit applications under
this section. If a sheriff contracts with a police chief, the sheriff remains the issuing
authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police
chief, all of the provisions of this section will apply.

Sec. 8.

Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:

Subd. 6.

Granting and denial of permits.

(a) The sheriff must, within 30 days
after the date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant
failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a deleted text begin substantial deleted text end likelihood that
the applicant is a danger to self or the public if authorized to carry a pistol under a permit.

new text begin When the applicant has had past police contacts that indicate dangerous or violent
behavior, chemical dependency, serious mental illness, or a physical condition involving
mental incompetence, the sheriff, as a condition of granting the permit, may require that
the applicant obtain a letter from a state licensed primary care physician or state certified
mental health professional, or both, affirming that, in the person's professional opinion,
the applicant is not seriously mentally ill or chemically dependent, and does not have a
physical condition involving mental incompetence such that the person would be likely to
be violent or a danger to self or others. The sheriff must take the letter under consideration
but is not required to treat the letter as determinative or conclusive in the decision to
issue or deny the permit. Any such requirement by the sheriff suspends the count on the
waiting period beginning at the time the requirement is determined until the required
letter or letters are provided.
new text end

(b) new text begin Except when the sheriff has notified the applicant of a requirement to obtain a
letter from a professional physician or mental health professional in accordance with
paragraph (a), new text end failure of the sheriff to notify the applicant of the denial of the application
within 30 days after the date of receipt of the application packet constitutes issuance of the
permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
To deny the application, the sheriff must provide the applicant with written notification
and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
including the source of the factual basis. The sheriff must inform the applicant of the
applicant's right to submit, within 20 business days, any additional documentation relating
to the propriety of the denial. Upon receiving any additional documentation, the sheriff
must reconsider the denial and inform the applicant within 15 business days of the result
of the reconsideration. Any denial after reconsideration must be in the same form and
substance as the original denial and must specifically address any continued deficiencies
in light of the additional documentation submitted by the applicant. The applicant must be
informed of the right to seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
card to the applicant by first class mail unless personal delivery has been made. Within
five business days, the sheriff must submit the information specified in subdivision 7,
paragraph (a), to the commissioner for inclusion solely in the database required under
subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
format prescribed by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended
or revoked, the sheriff must submit information to the commissioner regarding the
suspension or revocation for inclusion solely in the databases required or permitted under
subdivision 15.

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
process if a charge is pending against the applicant that, if resulting in conviction, will
prohibit the applicant from possessing a firearm.

Sec. 9.

Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:

Subd. 12.

Hearing upon denial or revocation.

(a) Any person aggrieved by denial
or revocation of a permit to carry may appeal by petition to the district court having
jurisdiction over the county or municipality where the application was submitted. The
petition must list the sheriff as the respondent. The district court must hold a hearing at
the earliest practicable date and in any event no later than 60 days following the filing of
the petition for review. The court may not grant or deny any relief before the completion
of the hearing. The record of the hearing must be sealed. The matter must be heard de
novo without a jury.

(b) The court must issue written findings of fact and conclusions of law regarding
the issues submitted by the parties. The court must issue its writ of mandamus directing
that the permit be issued and order other appropriate relief unless the sheriff establishes new text begin : new text end

new text begin (1) new text end by clear and convincing evidence deleted text begin :
deleted text end

deleted text begin (1) deleted text end that the applicant is disqualified under the criteria described in subdivision 2,
paragraph (b); or

(2) new text begin by a preponderance of the evidence new text end that there exists a deleted text begin substantial deleted text end likelihood
that the applicant is a danger to self or the public if authorized to carry a pistol under a
permit. Incidents of alleged criminal misconduct that are not deleted text begin investigated and deleted text end documented
may not be considered.

(c) If an applicant is denied a permit on the grounds that the applicant is listed in
the criminal gang investigative data system under section 299C.091, the person may
challenge the denial, after disclosure under court supervision of the reason for that listing,
based on grounds that the person:

(1) was erroneously identified as a person in the data system;

(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or

(3) has demonstrably withdrawn from the activities and associations that led to
inclusion in the data system.

(d) If the court grants a petition brought under paragraph (a), the court must award
the applicant or permit holder reasonable costs and expenses including attorney fees.

Sec. 10.

Minnesota Statutes 2012, section 624.714, subdivision 16, is amended to read:

Subd. 16.

Recognition of permits from other states.

(a) The commissioner must
annually establish and publish a list of other states that have laws governing the issuance
of permits to carry weapons that are not substantially similar to this section. The list
must be available on the Internet. A person holding a carry permit from a state not on
the list may use the license or permit in this state subject to the rights, privileges, and
requirements of this section.

(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
this state if the holder is or becomes prohibited by new text begin any state or federal new text end law from possessing
a firearm.

(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
12. If the court denies the petition, the court must award the permit holder reasonable
costs and expenses including attorney fees. The petition may be filed in any county in the
state where a person holding a license or permit from another state can be found.

(d) The commissioner must, when necessary, execute reciprocity agreements
regarding carry permits with jurisdictions whose carry permits are recognized under
paragraph (a).

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective August 1, 2013, for applications for permits issued
on or after that date.
new text end