2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government regulation; requiring 1.3 legislative approval of certain state park fees; 1.4 modifying commissioner's authority relating to 1.5 employees, gifts, and grants; modifying provisions of 1.6 the state parks working capital fund; modifying 1.7 application provisions for certain licenses; providing 1.8 for reciprocity of certain safety courses; modifying 1.9 certain county reimbursement provisions; modifying 1.10 identification provisions for fish and dark houses; 1.11 modifying littering prohibition; eliminating 1.12 requirement to publish pamphlet form of laws; enacting 1.13 the Minnesota Citizens' Personal Protection Act of 1.14 2003; recognizing the inherent right of law-abiding 1.15 citizens to self-protection through the lawful use of 1.16 self-defense; providing a system under which 1.17 responsible, competent adults can exercise their right 1.18 to self-protection by authorizing them to obtain a 1.19 permit to carry a pistol; providing that persons 1.20 convicted of crimes of violence are prohibited from 1.21 possessing, receiving, shipping, or transporting 1.22 firearms for the remainder of the person's lifetime; 1.23 providing criminal penalties; appropriating money; 1.24 amending Minnesota Statutes 2002, sections 13.871, by 1.25 adding a subdivision; 16A.1283; 84.01, subdivision 3; 1.26 84.026; 84.085, subdivision 1; 84.791, by adding a 1.27 subdivision; 84.82, subdivision 2; 84.862, by adding a 1.28 subdivision; 84.925, by adding a subdivision; 85.20, 1.29 subdivision 6; 85.22, by adding a subdivision; 1.30 86B.101, by adding a subdivision; 86B.401, subdivision 1.31 1; 97A.065, subdivision 2; 97B.020; 97C.355, 1.32 subdivisions 1, 2; 169.42, subdivision 1; 169.421, 1.33 subdivision 3; 242.31, subdivision 2a; 260B.245, 1.34 subdivision 1; 609.165, subdivisions 1a, 1b, by adding 1.35 a subdivision; 609.66, subdivision 1d; 609.68; 1.36 609A.03, subdivision 5a; 624.712, subdivision 5, by 1.37 adding a subdivision; 624.713, subdivisions 1, 2, 3; 1.38 624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by 1.39 adding subdivisions; 638.02, subdivision 2; proposing 1.40 coding for new law in Minnesota Statutes, chapter 624; 1.41 repealing Minnesota Statutes 2002, sections 97A.051, 1.42 subdivision 1; 624.714, subdivisions 1, 5; Minnesota 1.43 Rules, part 6262.0100, subpart 2. 1.44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1 ARTICLE 1 2.2 NATURAL RESOURCES REGULATORY PROVISIONS 2.3 Section 1. Minnesota Statutes 2002, section 16A.1283, is 2.4 amended to read: 2.5 16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 2.6 (a) Notwithstanding any law to the contrary, an executive 2.7 branch state agency may not impose a new fee or increase an 2.8 existing fee unless the new fee or increase is approved by law. 2.9 For purposes of this section, a fee is any charge for goods, 2.10 services, regulation, or licensure, and, notwithstanding 2.11 paragraph (b), clause (3), includes charges for admission to or 2.12 for use of public facilities owned by the state. 2.13 (b) This section does not apply to: 2.14 (1) charges billed within or between state agencies, or 2.15 billed to federal agencies; 2.16 (2) the Minnesota state colleges and universities system; 2.17 (3) charges for goods and services provided for the direct 2.18 and primary use of a private individual, business, or other 2.19 entity;
or2.20 (4) charges that authorize use of state-owned lands and 2.21 minerals administered by the commissioner of natural resources 2.22 by the issuance of leases, easements, cooperative farming 2.23 agreements, and land and water crossing licenses and charges for 2.24 sales of state-owned lands administered by the commissioner of 2.25 natural resources; or 2.26 (5) state park fees and charges established by 2.27 commissioner's order. 2.28 (c) An executive branch agency may reduce a fee that was 2.29 set by rule before July 1, 2001, without legislative approval. 2.30 Chapter 14 does not apply to fee reductions under this paragraph. 2.31 Sec. 2. Minnesota Statutes 2002, section 84.01, 2.32 subdivision 3, is amended to read: 2.33 Subd. 3. [EMPLOYEES; DELEGATION.] Subject to the 2.34 provisions of Laws 1969, chapter 1129, and to other applicable 2.35 laws the commissioner shall organize the department and 2.36 employ up to three assistant commissioners, each of whom shall 3.1 serve at the pleasure of the commissioner in the unclassified 3.2 service, one of whom shall have responsibility for coordinating 3.3 and directing the planning of every division within the agency, 3.4 and such other officers, employees, and agents as the 3.5 commissioner may deem necessary to discharge the functions of 3.6 the department, define the duties of such officers, employees, 3.7 and agents and to delegate to them any of the commissioner's 3.8 powers, duties, and responsibilities subject to the control of, 3.9 and under the conditions prescribed by, the commissioner. 3.10 Appointments to exercise delegated power shall be by written 3.11 order filed with the secretary of state. 3.12 Sec. 3. Minnesota Statutes 2002, section 84.026, is 3.13 amended to read: 3.14 84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 3.15 RESOURCES SERVICES.] 3.16 The commissioner of natural resources is authorized to 3.17 enter into contractual or grant agreements with any public or 3.18 private entity for the provision of statutorily prescribed 3.19 natural resources services by or for the department. The 3.20 contracts or grants shall specify the services to be provided 3.21 and the amount and method of reimbursement. Funds generated in 3.22 a contractual agreement made pursuant to this section shall be 3.23 deposited in the special revenue fund and are appropriated to 3.24 the department for purposes of providing the services specified 3.25 in the contracts. All suchcontractual and grant agreements 3.26 shall be processed in accordance with the provisions of section 3.27 16C.05. The commissioner shall report revenues collected and 3.28 expenditures made under this section to the chairs of the 3.29 committees on appropriations in the house and finance in the 3.30 senate by January 1 of each odd-numbered year. 3.31 Sec. 4. Minnesota Statutes 2002, section 84.085, 3.32 subdivision 1, is amended to read: 3.33 Subdivision 1. [AUTHORITY.] (a) The commissioner of 3.34 natural resources may accept for and on behalf of the state any 3.35 gift, bequest, devise, or grants of lands or interest in lands 3.36 or personal property of any kind or of money tendered to the 4.1 state for any purpose pertaining to the activities of the 4.2 department or any of its divisions. Any money so received is 4.3 hereby appropriated and dedicated for the purpose for which it 4.4 is granted. Lands and interests in lands so received may be 4.5 sold or exchanged as provided in chapter 94. 4.6 (b) The commissioner of natural resources, on behalf of the 4.7 state, may accept and use grants of money or property from the 4.8 United States or other grantors for conservation purposes not 4.9 inconsistent with the laws of this state. Any money or property 4.10 so received is hereby appropriated and dedicated for the 4.11 purposes for which it is granted, and shall be expended or used 4.12 solely for such purposes in accordance with the federal laws and 4.13 regulations pertaining thereto, subject to applicable state laws 4.14 and rules as to manner of expenditure or use providing that the 4.15 commissioner may make subgrants of any money received to other 4.16 agencies, units of local government, private individuals, 4.17 organizations, and private nonprofit corporations. Appropriate 4.18 funds and accounts shall be maintained by the commissioner of 4.19 finance to secure compliance with this section. 4.20 (c) The commissioner may accept for and on behalf of the 4.21 permanent school fund a donation of lands, interest in lands, or 4.22 improvements on lands. A donation so received shall become 4.23 state property, be classified as school trust land as defined in 4.24 section 92.025, and be managed consistent with section 127A.31. 4.25 Sec. 5. Minnesota Statutes 2002, section 84.791, is 4.26 amended by adding a subdivision to read: 4.27 Subd. 4. [OFF-HIGHWAY MOTORCYCLE SAFETY COURSES; 4.28 RECIPROCITY WITH OTHER STATES.] The commissioner may enter into 4.29 reciprocity agreements or otherwise certify off-highway 4.30 motorcycle environment and safety education and training courses 4.31 from other states that are substantially similar to in-state 4.32 courses. Proof of completion of a course subject to a 4.33 reciprocity agreement or certified as substantially similar is 4.34 adequate to meet the safety certificate requirements of sections 4.35 84.787 to 84.796. 4.36 Sec. 6. Minnesota Statutes 2002, section 84.82, 5.1 subdivision 2, is amended to read: 5.2 Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 5.3 (a) Application for registration or reregistration shall be made 5.4 to the commissioner of natural resources, or the commissioner of5.5 public safetyor an authorized deputy registrar of motor 5.6 vehicles in such form asa format prescribed by the commissioner 5.7 of public safety shall prescribe,and shall state the legal name 5.8 and address of every owner of the snowmobile. 5.9 (b) A person who purchases a snowmobile from a retail 5.10 dealer shall make application for registration to the dealer at 5.11 the point of sale. The dealer shall issue a temporary 5.12 registration permit to each purchaser who applies to the dealer 5.13 for registration. The temporary registration is valid for 60 5.14 days from the date of issue. Each retail dealer shall submit 5.15 completed registration and fees to the deputy registrar at least 5.16 once a week. Upon receipt of the application and the 5.17 appropriate fee as hereinafter provided, such snowmobile shall 5.18 be registered and a registration number assigned which shall be 5.19 affixed to the snowmobile in a clearly visible and permanent 5.20 manner for enforcement purposes as the commissioner of natural 5.21 resources shall prescribe. The registration is not valid unless 5.22 signed by at least one owner. 5.23 (c) Each deputy registrar of motor vehicles acting pursuant 5.24 to section 168.33, shall also be a deputy registrar of 5.25 snowmobiles. The commissioner of natural resources in agreement 5.26 with the commissioner of public safety may prescribe the 5.27 accounting and procedural requirements necessary to assure 5.28 efficient handling of registrations and registration fees. 5.29 Deputy registrars shall strictly comply with these accounting 5.30 and procedural requirements. 5.31 (d) A fee of $2 in addition to that otherwise prescribed by 5.32 law shall be charged for: 5.33 (1) each snowmobile registered by the registrar or a deputy 5.34 registrar and the additional fee shall be disposed of in the 5.35 manner provided in section 168.33, subdivision 2; or 5.36 (2) each snowmobile registered by the commissioner and the 6.1 additional fee shall be deposited in the state treasury and 6.2 credited to the snowmobile trails and enforcement account in the 6.3 natural resources fund. 6.4 Sec. 7. Minnesota Statutes 2002, section 84.862, is 6.5 amended by adding a subdivision to read: 6.6 Subd. 2a. [CERTIFICATES ISSUED IN OTHER STATES.] If a 6.7 person completes a safety course in another state that is 6.8 recognized by the commissioner under a reciprocity agreement, 6.9 evidence that the person has completed that course is acceptable 6.10 in lieu of a certificate under this section. 6.11 Sec. 8. Minnesota Statutes 2002, section 84.925, is 6.12 amended by adding a subdivision to read: 6.13 Subd. 3. [ALL-TERRAIN VEHICLE SAFETY COURSES; RECIPROCITY 6.14 WITH OTHER STATES.] The commissioner may enter into reciprocity 6.15 agreements or otherwise certify all-terrain vehicle 6.16 environmental and safety education and training courses from 6.17 other states that are substantially similar to in-state 6.18 courses. Proof of completion of a course subject to a 6.19 reciprocity agreement or certified as substantially similar is 6.20 adequate to meet the safety certificate requirements of sections 6.21 84.92 to 84.929. 6.22 Sec. 9. Minnesota Statutes 2002, section 85.20, 6.23 subdivision 6, is amended to read: 6.24 Subd. 6. [LITTERING; PENALTY.] (a) No person shall drain, 6.25 throw, or deposit upon the lands and waters within a state6.26 parkany unit of the outdoor recreation system as defined in 6.27 section 86A.04 any substance, including cigarette filters and 6.28 debris from fireworks, that would mar the appearance, create a 6.29 stench, destroy the cleanliness or safety of the land, or would 6.30 be likely to injure any animal, vehicle, or person traveling 6.31 upon those lands and waters. The operator of a vehicle or 6.32 watercraft, except a school bus or a vehicle transporting 6.33 passengers for hire and regulated by the interstate commerce 6.34 commission, shall not permit articles to be thrown or discarded 6.35 from the vehicle upon any lands or waters within a state park6.36 any unit of the outdoor recreation system. 7.1 (b) Violation of this subdivision is a misdemeanor. Any 7.2 person sentenced under this subdivision shall in lieu of the 7.3 sentence imposed be permitted, under terms established by the 7.4 court, to work under the direction of the department of natural 7.5 resources at clearing rubbish, trash, and debris from any state7.6 parkunit of the outdoor recreation system. The court may for 7.7 any violation of this subdivision order the offender to perform 7.8 such work under terms established by the court with the option 7.9 of a jail sentence being imposed. 7.10 (c) In lieu of enforcement under paragraph (b), this 7.11 subdivision may be enforced by imposition of a civil penalty and 7.12 an action for damages for littering under section 115A.99. 7.13 Sec. 10. Minnesota Statutes 2002, section 85.22, is 7.14 amended by adding a subdivision to read: 7.15 Subd. 5. [EXEMPTION.] Purchases made from the state parks 7.16 working capital fund are exempt from competitive bidding, 7.17 notwithstanding chapter 16C. 7.18 Sec. 11. Minnesota Statutes 2002, section 86B.101, is 7.19 amended by adding a subdivision to read: 7.20 Subd. 4. [BOAT SAFETY EDUCATION PROGRAM; RECIPROCITY WITH 7.21 OTHER STATES.] The commissioner may enter into reciprocity 7.22 agreements or otherwise certify boat safety education programs 7.23 from other states that are substantially similar to in-state 7.24 programs. The commissioner shall issue a watercraft operator's 7.25 permit to a person who provides proof of completion of a program 7.26 subject to a reciprocity agreement or certified as substantially 7.27 similar. 7.28 Sec. 12. Minnesota Statutes 2002, section 86B.401, 7.29 subdivision 1, is amended to read: 7.30 Subdivision 1. [APPLICATION.] (a) A person may apply to 7.31 the commissioner of natural resources, the commissioner of 7.32 public safety, or an authorized deputy registrar of motor 7.33 vehicles to license a watercraft in a form asformat prescribed 7.34 by the commissioner of public safety. 7.35 (b) The application must state the names and addresses of 7.36 all owners of the watercraft. 8.1 Sec. 13. Minnesota Statutes 2002, section 97A.065, 8.2 subdivision 2, is amended to read: 8.3 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 8.4 forfeited bail collected from prosecutions of violations of: 8.5 the game and fish laws or rules adopted thereunder; sections 8.6 84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 8.7 84.91 or rules adopted thereunder; section 169A.20, when the 8.8 violation involved an off-road recreational vehicle as defined 8.9 in section 169A.03, subdivision 16; chapter 348; and any other 8.10 law relating to wild animals or aquatic vegetation, must be paid 8.11 to the treasurer of the county where the violation is 8.12 prosecuted. The county treasurer shall submit one-half of the 8.13 receipts to the commissioner and credit the balance to the 8.14 county general revenue fund except as provided in paragraphs 8.15 (b), (c), and (d). In a county in a judicial district under 8.16 section 480.181, subdivision 1, paragraph (b), the share that 8.17 would otherwise go to the county under this paragraph must be 8.18 submitted to the state treasurer for deposit in the state 8.19 treasury and credited to the general fund. 8.20 (b) The commissioner mustmay reimburse a county, from the 8.21 game and fish fund, for the cost of keeping prisoners prosecuted 8.22 for violations of the game and fish laws under this section if 8.23 the county board, by resolution, directs: (1) the county 8.24 treasurer to submit all game and fish fines and forfeited bail 8.25 to the commissioner; and (2) the county auditor to certify and 8.26 submit monthly itemized statements to the commissioner. 8.27 (c) The county treasurer shall submit one-half of the 8.28 receipts collected under paragraph (a) from prosecutions of 8.29 violations of sections 84.81 to 84.91 or rules adopted 8.30 thereunder, and 169A.20, except receipts that are surcharges 8.31 imposed under section 357.021, subdivision 6, to the 8.32 commissioner and credit the balance to the county general fund. 8.33 The commissioner shall credit these receipts to the snowmobile 8.34 trails and enforcement account in the natural resources fund. 8.35 (d) The county treasurer shall indicate the amount of the 8.36 receipts that are surcharges imposed under section 357.021, 9.1 subdivision 6, and shall submit all of those receipts to the 9.2 state treasurer. 9.3 Sec. 14. Minnesota Statutes 2002, section 97B.020, is 9.4 amended to read: 9.5 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 9.6 (a) Except as provided in this section and section 97A.451, 9.7 subdivision 3a, a person born after December 31, 1979, may not 9.8 obtain an annual license to take wild animals by firearms unless 9.9 the person has a firearms safety certificate or equivalent 9.10 certificate, driver's license or identification card with a 9.11 valid firearms safety qualification indicator issued under 9.12 section 171.07, subdivision 13, previous hunting license, or 9.13 other evidence indicating that the person has completed in this 9.14 state or in another state a hunter safety course recognized by 9.15 the department under a reciprocity agreement or certified by the 9.16 department as substantially similar. A person who is on active 9.17 duty and has successfully completed basic training in the United 9.18 States armed forces, reserve component, or national guard may 9.19 obtain a hunting license or approval authorizing hunting 9.20 regardless of whether the person is issued a firearms safety 9.21 certificate. 9.22 (b) A person born after December 31, 1979, may not use a 9.23 lifetime license to take wild animals by firearms, unless the 9.24 person meets the requirements for obtaining an annual license 9.25 under paragraph (a). 9.26 Sec. 15. Minnesota Statutes 2002, section 97C.355, 9.27 subdivision 1, is amended to read: 9.28 Subdivision 1. [IDENTIFICATION REQUIRED.] All shelters on 9.29 the ice of state waters, including dark houses and fish houses, 9.30 must have: (1) the owner's name and address or, (2) the owner's 9.31 driver's license number of an, or (3) the "MDNR#" license 9.32 identification number issued to the owner legibly displayed on 9.33 the exterior with characters at least two inches high. 9.34 Sec. 16. Minnesota Statutes 2002, section 97C.355, 9.35 subdivision 2, is amended to read: 9.36 Subd. 2. [LICENSE REQUIRED.] A person may not take fish 10.1 from a dark house or fish house unless the house is licensed and 10.2 has a durablelicense tag attached to the exterior as prescribed10.3 by the commissionerin a readily visible location, except as 10.4 provided in this subdivision. The commissioner must issue 10.5 a durabletag that is at least two inches in diameter with a10.6 3/16 inch hole in the centerwith a dark house or fish house 10.7 license . The durable tag must be, marked with a number to 10.8 correspond with the license and the year of issue. A dark house 10.9 or fish house license is not required of a resident on boundary 10.10 waters where the adjacent state does not charge a fee for the 10.11 same activity. 10.12 Sec. 17. Minnesota Statutes 2002, section 169.42, 10.13 subdivision 1, is amended to read: 10.14 Subdivision 1. [DANGEROUS OBJECT ON HIGHWAY.] No person 10.15 shall throw, deposit, place or dump, or cause to be thrown, 10.16 deposited, placed or dumped upon any street or highway or upon 10.17 any public or privately owned land adjacent thereto without the 10.18 owner's consent any snow, ice, glass bottle, glass, nails, 10.19 tacks, wire, cans, garbage, swill, papers, ashes, cigarette 10.20 filters, debris from fireworks, refuse, carcass of any dead 10.21 animal, offal, trash or rubbish or any other form of offensive 10.22 matter or any other substance likely to injure any person, 10.23 animal or vehicle upon any such street or highway. 10.24 Sec. 18. Minnesota Statutes 2002, section 169.421, 10.25 subdivision 3, is amended to read: 10.26 Subd. 3. [CIVIL LIABILITY IMPOSED.] If any solid waste, 10.27 including litter, glass, nails, tacks, wire, cans, bottles, 10.28 garbage, papers, refuse, trash, cigarette filters, debris from 10.29 fireworks, or any form of offensive matter is thrown, deposited, 10.30 placed, or dumped from a vehicle upon any street or highway, 10.31 public land, or upon private land without the consent of the 10.32 owner of the land, a violation of this subdivision occurs and 10.33 civil liability is imposed upon the owner of the vehicle. The 10.34 driver and passengers riding in a vehicle are constituted as the 10.35 agents of the owner of the vehicle for purposes of this 10.36 subdivision. It is a defense to any action brought pursuant to 11.1 this section that the vehicle was stolen. This section is not 11.2 applicable to the owner of a vehicle transporting persons for 11.3 hire or transporting school children. 11.4 Sec. 19. Minnesota Statutes 2002, section 609.68, is 11.5 amended to read: 11.6 609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 11.7 Whoever unlawfully deposits garbage, rubbish, cigarette 11.8 filters, debris from fireworks, offal, or the body of a dead 11.9 animal, or other litter in or upon any public highway, public 11.10 waters or the ice thereon, shoreland areas adjacent to rivers or 11.11 streams as defined by section 103F.205, public lands, or, 11.12 without the consent of the owner, private lands or water or ice 11.13 thereon, is guilty of a misdemeanor. 11.14 Sec. 20. [REPEALER.] 11.15 Minnesota Statutes 2002, section 97A.051, subdivision 1, is 11.16 repealed. Minnesota Rules, part 6262.0100, subpart 2, is 11.17 repealed. 11.18 ARTICLE 2 11.19 PUBLIC SAFETY REGULATORY PROVISIONS 11.20 Section 1. Minnesota Statutes 2002, section 13.871, is 11.21 amended by adding a subdivision to read: 11.22 Subd. 9. [PISTOL PERMIT DATA.] Data on persons permitted 11.23 to carry pistols under the terms of a permit must be shared as 11.24 required by section 624.714, subdivision 6. 11.25 Sec. 2. Minnesota Statutes 2002, section 609.66, 11.26 subdivision 1d, is amended to read: 11.27 Subd. 1d. [ FELONY;POSSESSION ON SCHOOL PROPERTY; 11.28 PENALTY.] (a) Except as provided under paragraphs (c) and (e), 11.29 whoever possesses, stores, or keeps a dangerous weapon or uses 11.30 or brandishes a replica firearm or a BB gun while knowingly on 11.31 school property is guilty of a felony and may be sentenced to 11.32 imprisonment for not more than two years or to payment of a fine 11.33 of not more than $5,000, or both. 11.34 (b) Whoever possesses, stores, or keeps a replica firearm 11.35 or a BB gun on school property is guilty of a gross misdemeanor. 11.36 (c) Notwithstanding paragraph (a) or (b), it is a 12.1 misdemeanor for a person authorized to carry a firearm under the 12.2 provisions of a permit or otherwise to carry a firearm on or 12.3 about the person's clothes or person in a location the person 12.4 knows is school property. Notwithstanding section 609.531, a 12.5 firearm carried in violation of this paragraph is not subject to 12.6 forfeiture. 12.7 (d) As used in this subdivision: 12.8 (1) "BB gun" means a device that fires or ejects a shot 12.9 measuring .18 of an inch or less in diameter; 12.10 (2) "dangerous weapon" has the meaning given it in section 12.11 609.02, subdivision 6; 12.12 (3) "replica firearm" has the meaning given it in section 12.13 609.713; and 12.14 (4) "school property" means: 12.15 (i) a public or private elementary, middle, or secondary 12.16 school building and its improved grounds, whether leased or 12.17 owned by the school; and12.18 (ii) a child care center licensed under chapter 245A during 12.19 the period children are present and participating in a child 12.20 care program; 12.21 (iii) the area within a school bus when that bus is being 12.22 used by a school to transport one or more elementary, middle, or 12.23 secondary school students to and from school-related activities, 12.24 including curricular, cocurricular, noncurricular, 12.25 extracurricular, and supplementary activities; and 12.26 (iv) that portion of a building or facility under the 12.27 temporary, exclusive control of a public or private school, a 12.28 school district, or an association of such entities where 12.29 conspicuous signs are prominently posted at each entrance that 12.30 give actual notice to persons of the school-related use. 12.31 (d)(e) This subdivision does not apply to: 12.32 (1) licensed peace officers, military personnel, or 12.33 students participating in military training, who are on-duty, 12.34 performing official duties; 12.35 (2) persons who carry pistols according to the terms of a12.36 permitauthorized to carry a pistol under section 624.714 while 13.1 in a motor vehicle or outside of a motor vehicle to directly 13.2 place a firearm in, or retrieve it from, the trunk or rear area 13.3 of the vehicle; 13.4 (3) persons who keep or store in a motor vehicle pistols in 13.5 accordance with sectionssection 624.714 andor 624.715 or other 13.6 firearms in accordance with section 97B.045; 13.7 (4) firearm safety or marksmanship courses or activities 13.8 conducted on school property; 13.9 (5) possession of dangerous weapons, BB guns, or replica 13.10 firearms by a ceremonial color guard; 13.11 (6) a gun or knife show held on school property; or13.12 (7) possession of dangerous weapons, BB guns, or replica 13.13 firearms with written permission of the principal or other 13.14 person having general control and supervision of the school or 13.15 the director of a child care center; or 13.16 (8) persons who are on unimproved property owned or leased 13.17 by a child care center, school, or school district unless the 13.18 person knows that a student is currently present on the land for 13.19 a school-related activity. 13.20 (f) Notwithstanding section 471.634, a school district or 13.21 other entity composed exclusively of school districts may not 13.22 regulate firearms, ammunition, or their respective components, 13.23 when possessed or carried by nonstudents or nonemployees, in a 13.24 manner that is inconsistent with this subdivision. 13.25 Sec. 3. Minnesota Statutes 2002, section 624.712, is 13.26 amended by adding a subdivision to read: 13.27 Subd. 11. [COMMISSIONER.] "Commissioner" means the 13.28 commissioner of public safety unless otherwise indicated. 13.29 Sec. 4. Minnesota Statutes 2002, section 624.714, is 13.30 amended by adding a subdivision to read: 13.31 Subd. 1a. [PERMIT REQUIRED; PENALTY.] A person, other than 13.32 a peace officer, as defined in section 626.84, subdivision 1, 13.33 who carries, holds, or possesses a pistol in a motor vehicle, 13.34 snowmobile, or boat, or on or about the person's clothes or the 13.35 person, or otherwise in possession or control in a public place, 13.36 as defined in section 624.7181, subdivision 1, paragraph (c), 14.1 without first having obtained a permit to carry the pistol is 14.2 guilty of a gross misdemeanor. A person who is convicted a 14.3 second or subsequent time is guilty of a felony. 14.4 Sec. 5. Minnesota Statutes 2002, section 624.714, is 14.5 amended by adding a subdivision to read: 14.6 Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 14.7 a permit to carry must have the permit card and a driver's 14.8 license, state identification card, or other government-issued 14.9 photo identification in immediate possession at all times when 14.10 carrying a pistol and must display the permit card and 14.11 identification document upon lawful demand by a peace officer, 14.12 as defined in section 626.84, subdivision 1. A violation of 14.13 this paragraph is a petty misdemeanor. The fine for a first 14.14 offense must not exceed $25. Notwithstanding section 609.531, a 14.15 firearm carried in violation of this paragraph is not subject to 14.16 forfeiture. 14.17 (b) A citation issued for violating paragraph (a) must be 14.18 dismissed if the person demonstrates, in court or in the office 14.19 of the arresting officer, that the person was authorized to 14.20 carry the pistol at the time of the alleged violation. 14.21 (c) Upon the request of a peace officer, a permit holder 14.22 must write a sample signature in the officer's presence to aid 14.23 in verifying the person's identity. 14.24 Sec. 6. Minnesota Statutes 2002, section 624.714, 14.25 subdivision 2, is amended to read: 14.26 Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 14.27 PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 14.28 residents for permits to carry shall be made to the chief of14.29 police of an organized full-time police department of the14.30 municipality where the applicant resides orto the county 14.31 sheriff where there is no such local chief of policewhere the 14.32 applicant resides. At the time of application, the local police14.33 authority shall provide the applicant with a dated receipt for14.34 the application.Nonresidents, as defined in section 171.01, 14.35 subdivision 42, may apply to any sheriff. 14.36 (b) Unless a sheriff denies a permit under the exception 15.1 set forth in subdivision 6, paragraph (a), clause (3), a sheriff 15.2 must issue a permit to an applicant if the person: 15.3 (1) has training in the safe use of a pistol; 15.4 (2) is at least 21 years old and a citizen or a permanent 15.5 resident of the United States; 15.6 (3) completes an application for a permit; 15.7 (4) is not prohibited from possessing a firearm under the 15.8 following sections: 15.9 (i) 518B.01, subdivision 14; 15.10 (ii) 609.224, subdivision 3; 15.11 (iii) 609.2242, subdivision 3; 15.12 (iv) 609.749, subdivision 8; 15.13 (v) 624.713; 15.14 (vi) 624.719; 15.15 (vii) 629.715, subdivision 2; or 15.16 (viii) 629.72, subdivision 2; and 15.17 (5) is not listed in the criminal gang investigative data 15.18 system under section 299C.091. 15.19 (c) A permit to carry a pistol issued or recognized under 15.20 this section is a state permit and is effective throughout the 15.21 state. 15.22 (d) A sheriff may contract with a police chief to process 15.23 permit applications under this section. If a sheriff contracts 15.24 with a police chief, the sheriff remains the issuing authority 15.25 and the police chief acts as the sheriff's agent. If a sheriff 15.26 contracts with a police chief, all of the provisions of this 15.27 section will apply. 15.28 Sec. 7. Minnesota Statutes 2002, section 624.714, is 15.29 amended by adding a subdivision to read: 15.30 Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 15.31 applicant must present evidence that the applicant received 15.32 training in the safe use of a pistol within one year of the date 15.33 of an original or renewal application. Training may be 15.34 demonstrated by: 15.35 (1) employment as a peace officer in the state of Minnesota 15.36 within the past year; or 16.1 (2) completion of a firearms safety or training course 16.2 providing basic training in the safe use of a pistol and 16.3 conducted by a certified instructor. 16.4 (b) Basic training must include: 16.5 (1) instruction in the fundamentals of pistol use; 16.6 (2) successful completion of an actual shooting 16.7 qualification exercise; and 16.8 (3) instruction in the fundamental legal aspects of pistol 16.9 possession, carry, and use, including self-defense and the 16.10 restrictions on the use of deadly force. 16.11 (c) A person qualifies as a certified instructor if the 16.12 person is certified as a firearms instructor within the past 16.13 five years by: 16.14 (1) the bureau of criminal apprehension, training and 16.15 development section; 16.16 (2) the Minnesota Association of Law Enforcement Firearms 16.17 Instructors; 16.18 (3) the National Rifle Association; 16.19 (4) the American Association of Certified Firearms 16.20 Instructors; 16.21 (5) the peace officer standards and training board of this 16.22 state or a similar agency of another state that certifies 16.23 firearms instructors; or 16.24 (6) the department of public safety of this state or a 16.25 similar agency of another state that certifies firearms 16.26 instructors. 16.27 (d) A sheriff must accept the training described in this 16.28 subdivision as meeting the requirement in subdivision 2, 16.29 paragraph (b), for training in the safe use of a pistol. A 16.30 sheriff may also accept other satisfactory evidence of training 16.31 in the safe use of a pistol. 16.32 Sec. 8. Minnesota Statutes 2002, section 624.714, 16.33 subdivision 3, is amended to read: 16.34 Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) 16.35 Applications for permits to carry shallmust be an official, 16.36 standardized application form, adopted under section 624.7151, 17.1 and must set forth in writing only the following information: 17.2 (1) the applicant's name, residence, telephone number, if 17.3 any, and driver's license number or nonqualification certificate17.4 number, if any, of the applicantor state identification card 17.5 number; 17.6 (2) the applicant's sex, date of birth, height, weight, and 17.7 color of eyes and hair, and distinguishing physical 17.8 characteristics, if any , of the applicant; 17.9 (3) all states of residence of the applicant in the last 17.10 ten years, though not including specific addresses; 17.11 (4) a statement that the applicant authorizes the release 17.12 to the local police authoritysheriff of commitment information 17.13 about the applicant maintained by the commissioner of human 17.14 services or any similar agency or department of another state 17.15 where the applicant has resided, to the extent that the 17.16 information relates to the applicant's eligibility to possess 17.17 a pistol or semiautomatic military-style assault weapon under17.18 section 624.713, subdivision 1firearm; and 17.19 (4)(5) a statement by the applicant that, to the best of 17.20 the applicant's knowledge and belief, the applicant is not 17.21 prohibited by section 624.713 from possessing a pistol or17.22 semiautomatic military-style assault weapon; andlaw from 17.23 possessing a firearm. 17.24 (5) a recent color photograph of the applicant.17.25 The application shall be signed and dated by the17.26 applicant.(b) The statement under paragraph (a), clause 17.27 (3)(4), must comply with any applicable requirements of Code of 17.28 Federal Regulations, title 42, sections 2.31 to 2.35, with 17.29 respect to consent to disclosure of alcohol or drug abuse 17.30 patient records. 17.31 (c) An applicant must submit to the sheriff an application 17.32 packet consisting only of the following items: 17.33 (1) a completed application form, signed and dated by the 17.34 applicant; 17.35 (2) an accurate photocopy of a certificate, affidavit, or 17.36 other document that is submitted as the applicant's evidence of 18.1 training in the safe use of a pistol; and 18.2 (3) an accurate photocopy of the applicant's current 18.3 driver's license, state identification card, or the photo page 18.4 of the applicant's passport. 18.5 (d) In addition to the other application materials, a 18.6 person who is otherwise ineligible for a permit due to a 18.7 criminal conviction but who has obtained a pardon or expungement 18.8 setting aside the conviction, sealing the conviction, or 18.9 otherwise restoring applicable rights, must submit a copy of the 18.10 relevant order. 18.11 (e) Applications must be submitted in person. 18.12 (f) The sheriff may charge a new application processing fee 18.13 in an amount not to exceed the actual and reasonable direct cost 18.14 of processing the application or $100, whichever is less. Of 18.15 this amount, $10 must be submitted to the commissioner of public 18.16 safety and deposited into the general fund. 18.17 (g) This subdivision prescribes the complete and exclusive 18.18 set of items an applicant is required to submit in order to 18.19 apply for a new or renewal permit to carry. The applicant must 18.20 not be asked or required to submit, voluntarily or 18.21 involuntarily, any information, fees, or documentation beyond 18.22 that specifically required by this subdivision. This paragraph 18.23 does not apply to alternate training evidence accepted by the 18.24 sheriff under subdivision 2a, paragraph (d). 18.25 (h) Forms for new and renewal applications must be 18.26 available at all sheriffs' offices and the commissioner of 18.27 public safety must make the forms available on the Internet. 18.28 (i) Application forms must clearly display a notice that a 18.29 permit, if granted, is void and must be immediately returned to 18.30 the sheriff if the permit holder is or becomes prohibited by law 18.31 from possessing a firearm. The notice must list the applicable 18.32 state criminal offenses and civil categories that prohibit a 18.33 person from possessing a firearm. 18.34 (j) Upon receipt of an application packet and any required 18.35 fee, the sheriff must provide a signed receipt indicating the 18.36 date of submission. 19.1 Sec. 9. Minnesota Statutes 2002, section 624.714, 19.2 subdivision 4, is amended to read: 19.3 Subd. 4. [INVESTIGATION.] (a) The application authority19.4 shallsheriff must check, by means of electronic data transfer, 19.5 criminal records, histories, and warrant information on each 19.6 applicant through the Minnesota Crime Information System . The19.7 chief of police or sheriff shalland, to the extent necessary, 19.8 the National Instant Check System. The sheriff shall also make 19.9 a reasonable effort to check other available and relevant 19.10 federal, state, or local record keeping systems. The sheriff 19.11 must obtain commitment information from the commissioner of 19.12 human services as provided in section 245.041 or, if the 19.13 information is reasonably available, as provided by a similar 19.14 statute from another state. 19.15 (b) When an application for a permit is filed under this 19.16 section, the sheriff must notify the chief of police, if any, of 19.17 the municipality where the applicant resides. The police chief 19.18 may provide the sheriff with any information relevant to the 19.19 issuance of the permit. 19.20 (c) The sheriff must conduct a background check by means of 19.21 electronic data transfer on a permit holder through the 19.22 Minnesota Crime Information System and, to the extent necessary, 19.23 the National Instant Check System at least yearly to ensure 19.24 continuing eligibility. The sheriff may conduct additional 19.25 background checks by means of electronic data transfer on a 19.26 permit holder at any time during the period that a permit is in 19.27 effect. 19.28 Sec. 10. Minnesota Statutes 2002, section 624.714, 19.29 subdivision 6, is amended to read: 19.30 Subd. 6. [ FAILURE TO GRANTGRANTING AND DENIAL OF 19.31 PERMITS.] (a) The sheriff must, within 30 days after the date of 19.32 receipt of the application packet described in subdivision 3: 19.33 (1) issue the permit to carry; 19.34 (2) deny the application for a permit to carry solely on 19.35 the grounds that the applicant failed to qualify under the 19.36 criteria described in subdivision 2, paragraph (b); or 20.1 (3) deny the application on the grounds that there exists a 20.2 substantial likelihood that the applicant is a danger to self or 20.3 the public if authorized to carry a pistol under a permit. 20.4 (b) Failure of the chief police officer or the county20.5 sheriff to deny the application or issue a permit to carry a20.6 pistolnotify the applicant of the denial of the application 20.7 within 2130 days ofafter the date of receipt of the 20.8 application shall be deemed to be a grant thereof.packet 20.9 constitutes issuance of the permit to carry and the sheriff must 20.10 promptly fulfill the requirements under paragraph (c). To deny 20.11 the application, the local police authority shallsheriff must 20.12 provide anthe applicant with written notification of a denial20.13 and the specific reason forfactual basis justifying the denial 20.14 under paragraph (a), clause (2) or (3), including the source of 20.15 the factual basis. The sheriff must inform the applicant of the 20.16 applicant's right to submit, within 20 business days, any 20.17 additional documentation relating to the propriety of the denial. 20.18 A chief of police or a sheriff may charge a fee to cover the20.19 cost of conducting a background check, not to exceed $10. The20.20 permit shall specify the activities for which it shall be valid.20.21 Upon receiving any additional documentation, the sheriff must 20.22 reconsider the denial and inform the applicant within 15 20.23 business days of the result of the reconsideration. Any denial 20.24 after reconsideration must be in the same form and substance as 20.25 the original denial and must specifically address any continued 20.26 deficiencies in light of the additional documentation submitted 20.27 by the applicant. The applicant must be informed of the right 20.28 to seek de novo review of the denial as provided in subdivision 20.29 12. 20.30 (c) Upon issuing a permit to carry, the sheriff must 20.31 provide a laminated permit card to the applicant by first class 20.32 mail unless personal delivery has been made. Within five 20.33 business days, the sheriff must submit the information specified 20.34 in subdivision 7, paragraph (a), to the commissioner of public 20.35 safety for inclusion solely in the database required under 20.36 subdivision 15, paragraph (a). The sheriff must transmit the 21.1 information in a manner and format prescribed by the 21.2 commissioner. 21.3 (d) Within five business days of learning that a permit to 21.4 carry has been suspended or revoked, the sheriff must submit 21.5 information to the commissioner of public safety regarding the 21.6 suspension or revocation for inclusion solely in the databases 21.7 required or permitted under subdivision 15. 21.8 (e) Notwithstanding paragraphs (a) and (b), the sheriff may 21.9 suspend the application process if a charge is pending against 21.10 the applicant that, if resulting in conviction, will prohibit 21.11 the applicant from possessing a firearm. 21.12 Sec. 11. Minnesota Statutes 2002, section 624.714, 21.13 subdivision 7, is amended to read: 21.14 Subd. 7. [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 21.15 Permits to carry a pistol issued pursuant to this section shall21.16 expire after one year and shall thereafter be renewed in the21.17 same manner and subject to the same provisions by which the21.18 original permit was obtained, except that all renewed permits21.19 must comply with the standards adopted by the commissioner of21.20 public safety under section 624.7161.(a) Permits to carry must 21.21 be on an official, standardized permit card adopted by the 21.22 commissioner of public safety, containing only the name, 21.23 residence, and driver's license number or state identification 21.24 card number of the permit holder, if any. 21.25 (b) The permit card must also identify the issuing sheriff 21.26 and state the expiration date of the permit. The permit card 21.27 must clearly display a notice that a permit, if granted, is void 21.28 and must be immediately returned to the sheriff if the permit 21.29 holder becomes prohibited by law from possessing a firearm. 21.30 (c) A permit to carry a pistol issued under this section 21.31 expires five years after the date of issue. It may be renewed 21.32 in the same manner and under the same criteria which the 21.33 original permit was obtained, subject to the following 21.34 procedures: 21.35 (1) no earlier than 90 days prior to the expiration date on 21.36 the permit, the permit holder may renew the permit by submitting 22.1 to the appropriate sheriff the application packet described in 22.2 subdivision 3 and a renewal processing fee not to exceed the 22.3 actual and reasonable direct cost of processing the application 22.4 or $75, whichever is less. Of this amount, $5 must be submitted 22.5 to the commissioner of public safety and deposited into the 22.6 general fund. The sheriff must process the renewal application 22.7 in accordance with subdivisions 4 and 6; and 22.8 (2) a permit holder who submits a renewal application 22.9 packet after the expiration date of the permit, but within 30 22.10 days after expiration, may renew the permit as provided in 22.11 clause (1) by paying an additional late fee of $10. 22.12 (d) The renewal permit is effective beginning on the 22.13 expiration date of the prior permit to carry. 22.14 Sec. 12. Minnesota Statutes 2002, section 624.714, is 22.15 amended by adding a subdivision to read: 22.16 Subd. 7a. [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 22.17 PERMIT.] (a) Within 30 days after changing permanent address, or 22.18 within 30 days of having lost or destroyed the permit card, the 22.19 permit holder must notify the issuing sheriff of the change, 22.20 loss, or destruction. Failure to provide notification as 22.21 required by this subdivision is a petty misdemeanor. The fine 22.22 for a first offense must not exceed $25. Notwithstanding 22.23 section 609.531, a firearm carried in violation of this 22.24 paragraph is not subject to forfeiture. 22.25 (b) After notice is given under paragraph (a), a permit 22.26 holder may obtain a replacement permit card by paying $10 to the 22.27 sheriff. The request for a replacement permit card must be made 22.28 on an official, standardized application adopted for this 22.29 purpose under section 624.7151, and, except in the case of an 22.30 address change, must include a notarized statement that the 22.31 permit card has been lost or destroyed. 22.32 Sec. 13. Minnesota Statutes 2002, section 624.714, 22.33 subdivision 8, is amended to read: 22.34 Subd. 8. [PERMIT TO CARRY VOIDED.] (a) The permit to carry 22.35 shall beis void and must be revoked at the time that the holder 22.36 becomes prohibited by law from possessing a pistol under section23.1 624.713firearm, in which event the holder shallmust return the 23.2 permit card to the issuing sheriff within five business days to23.3 the application authorityafter the holder knows or should know 23.4 that the holder is a prohibited person. If a permit is revoked 23.5 under this subdivision, the sheriff must give notice to the 23.6 permit holder in writing in the same manner as a denial. 23.7 Failure of the holder to return the permit within the five days 23.8 is a gross misdemeanor unless the court finds that the 23.9 circumstances or the physical or mental condition of the permit 23.10 holder prevented the holder from complying with the return 23.11 requirement. 23.12 (b) When a permit holder is convicted of an offense that 23.13 prohibits the permit holder from possessing a firearm, the court 23.14 must revoke the permit and, if it is available, take possession 23.15 of it and send it to the issuing sheriff. 23.16 (c) The sheriff of the county where the application was 23.17 submitted, or of the county of the permit holder's current 23.18 residence, may file a petition with the district court therein, 23.19 for an order revoking a permit to carry on the grounds set forth 23.20 in subdivision 6, paragraph (a), clause (3). An order shall be 23.21 issued only if the sheriff meets the burden of proof and 23.22 criteria set forth in subdivision 12. If the court denies the 23.23 petition, the court must award the permit holder reasonable 23.24 costs and expenses, including attorney fees. 23.25 (d) A permit revocation must be promptly reported to the 23.26 issuing sheriff. 23.27 Sec. 14. Minnesota Statutes 2002, section 624.714, is 23.28 amended by adding a subdivision to read: 23.29 Subd. 8a. [PROSECUTOR'S DUTY.] Whenever a person is 23.30 charged with an offense that would, upon conviction, prohibit 23.31 the person from possessing a firearm, the prosecuting attorney 23.32 must ascertain whether the person is a permit holder under this 23.33 section. If the person is a permit holder, the prosecutor must 23.34 notify the issuing sheriff that the person has been charged with 23.35 a prohibiting offense. The prosecutor must also notify the 23.36 sheriff of the final disposition of the case. 24.1 Sec. 15. Minnesota Statutes 2002, section 624.714, 24.2 subdivision 10, is amended to read: 24.3 Subd. 10. [FALSE REPRESENTATIONS.] A person who gives or 24.4 causes to be given any false material information in applying 24.5 for a permit to carry, knowing or having reason to know the 24.6 information is false, is guilty of a gross misdemeanor. 24.7 Sec. 16. Minnesota Statutes 2002, section 624.714, is 24.8 amended by adding a subdivision to read: 24.9 Subd. 11a. [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 24.10 immediately issue an emergency permit to a person if the sheriff 24.11 determines that the person is in an emergency situation that may 24.12 constitute an immediate risk to the safety of the person or 24.13 someone residing in the person's household. A person seeking an 24.14 emergency permit must complete an application form and must sign 24.15 an affidavit describing the emergency situation. An emergency 24.16 permit applicant does not need to provide evidence of training. 24.17 An emergency permit is valid for 30 days, may not be renewed, 24.18 and may be revoked without a hearing. No fee may be charged for 24.19 an emergency permit. An emergency permit holder may seek a 24.20 regular permit under subdivision 3 and is subject to the other 24.21 applicable provisions of this section. 24.22 Sec. 17. Minnesota Statutes 2002, section 624.714, 24.23 subdivision 12, is amended to read: 24.24 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 24.25 person aggrieved by denial or revocation of a permit to carry 24.26 may appeal the denialby petition to the district court having 24.27 jurisdiction over the county or municipality wherein the24.28 notification or denial occurredwhere the application was 24.29 submitted. The petition must list the sheriff as the 24.30 respondent. The district court must hold a hearing at the 24.31 earliest practicable date and in any event no later than 60 days 24.32 following the filing of the petition for review. The court may 24.33 not grant or deny any relief before the completion of the 24.34 hearing. The record of the hearing must be sealed. The matter 24.35 shallmust be heard de novo without a jury. 24.36 (b) The court must issue written findings of fact and 25.1 conclusions of law regarding the issues submitted by the 25.2 parties. The court must issue its writ of mandamus directing 25.3 that the permit be issued and order other appropriate relief 25.4 unless the sheriff establishes by clear and convincing evidence: 25.5 (1) that the applicant is disqualified under the criteria 25.6 described in subdivision 2, paragraph (b); or 25.7 (2) that there exists a substantial likelihood that the 25.8 applicant is a danger to self or the public if authorized to 25.9 carry a pistol under a permit. Incidents of alleged criminal 25.10 misconduct that are not investigated and documented, and 25.11 incidents for which the applicant was charged and acquitted, may 25.12 not be considered. 25.13 (c) If an applicant is denied a permit on the grounds that 25.14 the applicant is listed in the criminal gang investigative data 25.15 system under section 299C.091, the person may challenge the 25.16 denial, after disclosure under court supervision of the reason 25.17 for that listing, based on grounds that the person: 25.18 (1) was erroneously identified as a person in the data 25.19 system; 25.20 (2) was improperly included in the data system according to 25.21 the criteria outlined in section 299C.091, subdivision 2, 25.22 paragraph (b); or 25.23 (3) has demonstrably withdrawn from the activities and 25.24 associations that led to inclusion in the data system. 25.25 (d) If the court grants a petition brought under paragraph 25.26 (a), the court must award the applicant or permit holder 25.27 reasonable costs and expenses including attorney fees. 25.28 Sec. 18. Minnesota Statutes 2002, section 624.714, is 25.29 amended by adding a subdivision to read: 25.30 Subd. 12a. [SUSPENSION AS CONDITION OF RELEASE.] The 25.31 district court may order suspension of the application process 25.32 for a permit or suspend the permit of a permit holder as a 25.33 condition of release pursuant to the same criteria as the 25.34 surrender of firearms under section 629.715. A permit 25.35 suspension must be promptly reported to the issuing sheriff. If 25.36 the permit holder has an out-of-state permit recognized under 26.1 subdivision 16, the court must promptly report the suspension to 26.2 the commissioner of public safety for inclusion solely in the 26.3 database under subdivision 15, paragraph (a). 26.4 Sec. 19. Minnesota Statutes 2002, section 624.714, is 26.5 amended by adding a subdivision to read: 26.6 Subd. 14. [RECORDS.] (a) A sheriff must not maintain 26.7 records or data collected, made, or held under this section 26.8 concerning any applicant or permit holder that are not necessary 26.9 under this section to support a permit that is outstanding or 26.10 eligible for renewal under subdivision 7, paragraph (b). 26.11 Notwithstanding section 138.163, sheriffs must completely purge 26.12 all files and databases by March 1 of each year to delete all 26.13 information collected under this section concerning all persons 26.14 who are no longer current permit holders or currently eligible 26.15 to renew their permit. 26.16 (b) Paragraph (a) does not apply to records or data 26.17 concerning an applicant or permit holder who has had a permit 26.18 denied or revoked under the criteria established in subdivision 26.19 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 26.20 clause (3), for a period of six years from the date of the 26.21 denial or revocation. 26.22 Sec. 20. Minnesota Statutes 2002, section 624.714, is 26.23 amended by adding a subdivision to read: 26.24 Subd. 15. [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 26.25 DATABASE.] (a) The commissioner of public safety must maintain 26.26 an automated database of persons authorized to carry pistols 26.27 under this section that is available 24 hours a day, seven days 26.28 a week, only to law enforcement agencies, including prosecutors 26.29 carrying out their duties under subdivision 8a, to verify the 26.30 validity of a permit. 26.31 (b) The commissioner of public safety may maintain a 26.32 separate automated database of denied applications for permits 26.33 to carry and of revoked permits that is available only to 26.34 sheriffs performing their duties under this section containing 26.35 the date of, the statutory basis for, and the initiating agency 26.36 for any permit application denied or permit revoked for a period 27.1 of six years from the date of the denial or revocation. 27.2 (c) The commissioner of public safety may contract with one 27.3 or more vendors to implement the commissioner's duties under 27.4 this section. 27.5 Sec. 21. Minnesota Statutes 2002, section 624.714, is 27.6 amended by adding a subdivision to read: 27.7 Subd. 16. [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 27.8 The commissioner of public safety must annually establish and 27.9 publish a list of other states that have laws governing the 27.10 issuance of permits to carry weapons that are not substantially 27.11 similar to this section. The list must be available on the 27.12 Internet. A person holding a carry permit from a state not on 27.13 the list may use the license or permit in this state subject to 27.14 the rights, privileges, and requirements of this section. 27.15 (b) Notwithstanding paragraph (a), no license or permit 27.16 from another state is valid in this state if the holder is or 27.17 becomes prohibited by law from possessing a firearm. 27.18 (c) Any sheriff or police chief may file a petition under 27.19 subdivision 12 seeking an order suspending or revoking an 27.20 out-of-state permit holder's authority to carry a pistol in this 27.21 state on the grounds set forth in subdivision 6, paragraph (a), 27.22 clause (3). An order shall only be issued if the petitioner 27.23 meets the burden of proof and criteria set forth in subdivision 27.24 12. If the court denies the petition, the court must award the 27.25 permit holder reasonable costs and expenses including attorney 27.26 fees. The petition may be filed in any county in the state 27.27 where a person holding a license or permit from another state 27.28 can be found. 27.29 (d) The commissioner of public safety must, when necessary, 27.30 execute reciprocity agreements regarding carry permits with 27.31 jurisdictions whose carry permits are recognized under paragraph 27.32 (a). 27.33 Sec. 22. Minnesota Statutes 2002, section 624.714, is 27.34 amended by adding a subdivision to read: 27.35 Subd. 17. [POSTING; TRESPASS.] (a) A person carrying a 27.36 firearm on or about his or her person or clothes under a permit 28.1 or otherwise who remains at a private establishment knowing that 28.2 the operator of the establishment or its agent has made a 28.3 reasonable request that firearms not be brought into the 28.4 establishment may be ordered to leave the premises. A person 28.5 who fails to leave when so requested is guilty of a petty 28.6 misdemeanor. The fine for a first offense must not exceed $25. 28.7 Notwithstanding section 609.531, a firearm carried in violation 28.8 of this subdivision is not subject to forfeiture. 28.9 (b) As used in this subdivision, the terms in this 28.10 paragraph have the meanings given. 28.11 (1) "Reasonable request" means a request made under the 28.12 following circumstances: 28.13 (i) the requester has prominently posted a conspicuous sign 28.14 at every entrance to the establishment containing the following 28.15 language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 28.16 PREMISES."; and 28.17 (ii) the requester or its agent personally informs the 28.18 person of the posted request and demands compliance. 28.19 (2) "Prominently" means readily visible and within four 28.20 feet laterally of the entrance with the bottom of the sign at a 28.21 height of four to six feet above the floor. 28.22 (3) "Conspicuous" means lettering in black arial typeface 28.23 at least 1-1/2 inches in height against a bright contrasting 28.24 background that is at least 187 square inches in area. 28.25 (4) "Private establishment" means a building, structure, or 28.26 portion thereof that is owned, leased, controlled, or operated 28.27 by a nongovernmental entity for a nongovernmental purpose. 28.28 (c) The owner or operator of a private establishment may 28.29 not prohibit the lawful carry or possession of firearms in a 28.30 parking facility or parking area. 28.31 (d) This subdivision does not apply to private residences. 28.32 The lawful possessor of a private residence may prohibit 28.33 firearms, and provide notice thereof, in any lawful manner. 28.34 (e) A landlord may not restrict the lawful carry or 28.35 possession of firearms by tenants or their guests. 28.36 (f) Notwithstanding any inconsistent provisions in section 29.1 609.605, this subdivision sets forth the exclusive criteria to 29.2 notify a permit holder when otherwise lawful firearm possession 29.3 is not allowed in a private establishment and sets forth the 29.4 exclusive penalty for such activity. 29.5 (g) This subdivision does not apply to an on-duty peace 29.6 officer or security guard acting in the course and scope of 29.7 employment. 29.8 Sec. 23. Minnesota Statutes 2002, section 624.714, is 29.9 amended by adding a subdivision to read: 29.10 Subd. 18. [EMPLOYERS; PUBLIC COLLEGES AND 29.11 UNIVERSITIES.] (a) An employer, whether public or private, may 29.12 establish policies that restrict the carry or possession of 29.13 firearms by its employees while acting in the course and scope 29.14 of employment. Employment related civil sanctions may be 29.15 invoked for a violation. 29.16 (b) A public postsecondary institution regulated under 29.17 chapter 136F or 137 may establish policies that restrict the 29.18 carry or possession of firearms by its students while on the 29.19 institution's property. Academic sanctions may be invoked for a 29.20 violation. 29.21 (c) Notwithstanding paragraphs (a) and (b), an employer or 29.22 a postsecondary institution may not prohibit the lawful carry or 29.23 possession of firearms in a parking facility or parking area. 29.24 Sec. 24. Minnesota Statutes 2002, section 624.714, is 29.25 amended by adding a subdivision to read: 29.26 Subd. 19. [IMMUNITY.] Neither a sheriff, police chief, any 29.27 employee of a sheriff or police chief involved in the permit 29.28 issuing process, nor any certified instructor is liable for 29.29 damages resulting or arising from acts with a firearm committed 29.30 by a permit holder, unless the person had actual knowledge at 29.31 the time the permit was issued or the instruction was given that 29.32 the applicant was prohibited by law from possessing a firearm. 29.33 Sec. 25. Minnesota Statutes 2002, section 624.714, is 29.34 amended by adding a subdivision to read: 29.35 Subd. 20. [MONITORING.] (a) By March 1, 2004, and each 29.36 year thereafter, the commissioner of public safety must report 30.1 to the legislature on: 30.2 (1) the number of permits applied for, issued, suspended, 30.3 revoked, and denied, further categorized by the age, sex, and 30.4 zip code of the applicant or permit holder, since the previous 30.5 submission, and in total; 30.6 (2) the number of permits currently valid; 30.7 (3) the specific reasons for each suspension, revocation, 30.8 and denial and the number of reversed, canceled, or corrected 30.9 actions; 30.10 (4) without expressly identifying an applicant, the number 30.11 of denials or revocations based on the grounds under subdivision 30.12 6, paragraph (a), clause (3), the factual basis for each denial 30.13 or revocation, and the result of an appeal, if any, including 30.14 the court's findings of fact, conclusions of law, and order; 30.15 (5) the number of convictions and types of crimes committed 30.16 since the previous submission, and in total, by individuals with 30.17 permits including data as to whether a firearm lawfully carried 30.18 solely by virtue of a permit was actually used in furtherance of 30.19 the crime; 30.20 (6) to the extent known or determinable, data on the lawful 30.21 and justifiable use of firearms by permit holders; and 30.22 (7) the status of the segregated funds reported to the 30.23 commissioner under subdivision 21. 30.24 (b) Sheriffs and police chiefs must supply the department 30.25 of public safety with the basic data the department requires to 30.26 complete the report under paragraph (a). Sheriffs and police 30.27 chiefs may submit data classified as private to the department 30.28 of public safety under this paragraph. 30.29 (c) Copies of the report under paragraph (a) must be made 30.30 available to the public at the actual cost of duplication. 30.31 (d) Nothing contained in any provision of this section or 30.32 any other law requires or authorizes the registration, 30.33 documentation, collection, or providing of serial numbers or 30.34 other data on firearms or on firearms' owners. 30.35 Sec. 26. Minnesota Statutes 2002, section 624.714, is 30.36 amended by adding a subdivision to read: 31.1 Subd. 21. [USE OF FEES.] Fees collected by sheriffs under 31.2 this section and not forwarded to the commissioner of public 31.3 safety must be used only to pay the direct costs of 31.4 administering this section. Fee money may be used to pay the 31.5 costs of appeals of prevailing applicants or permit holders 31.6 under subdivision 8, paragraph (c); subdivision 12, paragraph 31.7 (e); and subdivision 16, paragraph (c). Fee money may also be 31.8 used to pay the reasonable costs of the county attorney to 31.9 represent the sheriff in proceedings under this section. The 31.10 revenues must be maintained in a segregated fund. Fund balances 31.11 must be carried over from year to year and do not revert to any 31.12 other fund. As part of the information supplied under 31.13 subdivision 20, paragraph (b), by January 31 of each year, a 31.14 sheriff must report to the commissioner on the sheriff's 31.15 segregated fund for the preceding calendar year, including 31.16 information regarding: 31.17 (1) nature and amount of revenues; 31.18 (2) nature and amount of expenditures; and 31.19 (3) nature and amount of balances. 31.20 Sec. 27. Minnesota Statutes 2002, section 624.714, is 31.21 amended by adding a subdivision to read: 31.22 Subd. 22. [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 31.23 section may be cited as the Minnesota Citizens' Personal 31.24 Protection Act of 2003. The legislature of the state of 31.25 Minnesota recognizes and declares that the second amendment of 31.26 the United States Constitution guarantees the fundamental, 31.27 individual right to keep and bear arms. The provisions of this 31.28 section are declared to be necessary to accomplish compelling 31.29 state interests in regulation of those rights. The terms of 31.30 this section must be construed according to the compelling state 31.31 interest test. The invalidation of any provision of this 31.32 section shall not invalidate any other provision. 31.33 Sec. 28. Minnesota Statutes 2002, section 624.714, is 31.34 amended by adding a subdivision to read: 31.35 Subd. 23. [EXCLUSIVITY.] This section sets forth the 31.36 complete and exclusive criteria and procedures for the issuance 32.1 of permits to carry and establishes their nature and scope. No 32.2 sheriff, police chief, governmental unit, government official, 32.3 government employee, or other person or body acting under color 32.4 of law or governmental authority may change, modify, or 32.5 supplement these criteria or procedures, or limit the exercise 32.6 of a permit to carry. 32.7 Sec. 29. [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 32.8 ALCOHOL OR A CONTROLLED SUBSTANCE.] 32.9 Subdivision 1. [ACTS PROHIBITED.] A person may not carry a 32.10 pistol on or about the person's clothes or person in a public 32.11 place: 32.12 (1) when the person is under the influence of a controlled 32.13 substance, as defined in section 152.01, subdivision 4; 32.14 (2) when the person is under the influence of a combination 32.15 of any two or more of the elements named in clauses (1) and (4); 32.16 (3) when the person is knowingly under the influence of any 32.17 chemical compound or combination of chemical compounds that is 32.18 listed as a hazardous substance in rules adopted under section 32.19 182.655 and that affects the nervous system, brain, or muscles 32.20 of the person so as to impair the person's clearness of 32.21 intellect or physical control; 32.22 (4) when the person is under the influence of alcohol; 32.23 (5) when the person's alcohol concentration is 0.10 or 32.24 more; or 32.25 (6) when the person's alcohol concentration is less than 32.26 0.10, but more than 0.04. 32.27 Subd. 2. [ARREST.] A peace officer may arrest a person for 32.28 a violation under subdivision 1 without a warrant upon probable 32.29 cause, without regard to whether the violation was committed in 32.30 the officer's presence. 32.31 Subd. 3. [PRELIMINARY SCREENING TEST.] When an officer 32.32 authorized under subdivision 2 to make arrests has reason to 32.33 believe that the person may be violating or has violated 32.34 subdivision 1, the officer may require the person to provide a 32.35 breath sample for a preliminary screening test using a device 32.36 approved by the commissioner of public safety for this purpose. 33.1 The results of the preliminary screening test must be used for 33.2 the purpose of deciding whether an arrest should be made under 33.3 this section and whether to require the chemical tests 33.4 authorized in section 624.7143, but may not be used in any court 33.5 action except: (1) to prove that the test was properly required 33.6 of a person under section 624.7143, or (2) in a civil action 33.7 arising out of the use of the pistol. Following the preliminary 33.8 screening test, additional tests may be required of the person 33.9 as provided under section 624.7143. A person who refuses a 33.10 breath sample is subject to the provisions of section 624.7143 33.11 unless, in compliance with that section, the person submits to a 33.12 blood, breath, or urine test to determine the presence of 33.13 alcohol or a controlled substance. 33.14 Subd. 4. [EVIDENCE.] In a prosecution for a violation of 33.15 subdivision 1, the admission of evidence of the amount of 33.16 alcohol or a controlled substance in the person's blood, breath, 33.17 or urine is governed by section 169A.45. 33.18 Subd. 5. [SUSPENSION.] A person who is charged with a 33.19 violation under this section may have their authority to carry a 33.20 pistol in a public place on or about the person's clothes or 33.21 person under the provisions of a permit or otherwise suspended 33.22 by the court as a condition of release. 33.23 Subd. 6. [PENALTIES.] (a) A person who violates a 33.24 prohibition under subdivision 1, clauses (1) to (5), is guilty 33.25 of a misdemeanor. A second or subsequent violation is a gross 33.26 misdemeanor. 33.27 (b) A person who violates subdivision 1, clause (6), is 33.28 guilty of a misdemeanor. 33.29 (c) In addition to the penalty imposed under paragraph (a), 33.30 if a person violates subdivision 1, clauses (1) to (5), the 33.31 person's authority to carry a pistol in a public place on or 33.32 about the person's clothes or person under the provisions of a 33.33 permit or otherwise is revoked and the person may not reapply 33.34 for a period of one year from the date of conviction. 33.35 (d) In addition to the penalty imposed under paragraph (b), 33.36 if a person violates subdivision 1, clause (6), the person's 34.1 authority to carry a pistol in a public place on or about the 34.2 person's clothes or person under the provisions of a permit or 34.3 otherwise is suspended for 180 days from the date of conviction. 34.4 (e) Notwithstanding section 609.531, a firearm carried in 34.5 violation of subdivision 1, clause (6), is not subject to 34.6 forfeiture. 34.7 Subd. 7. [REPORTING.] Suspensions and revocations under 34.8 this section must be reported in the same manner as in section 34.9 624.714, subdivision 12a. 34.10 Sec. 30. [624.7143] [CHEMICAL TESTING.] 34.11 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 34.12 carries a pistol in a public place on or about the person's 34.13 clothes or person is required, subject to the provisions of this 34.14 section, to take or submit to a test of the person's blood, 34.15 breath, or urine for the purpose of determining the presence and 34.16 amount of alcohol or a controlled substance. The test shall be 34.17 administered at the direction of an officer authorized to make 34.18 arrests under section 624.7142. Taking or submitting to the 34.19 test is mandatory when requested by an officer who has probable 34.20 cause to believe the person was carrying a pistol in violation 34.21 of section 624.7142, and one of the following conditions exists: 34.22 (1) the person has been lawfully placed under arrest for 34.23 violating section 624.7142; 34.24 (2) the person has been involved while carrying a firearm 34.25 in a firearms-related accident resulting in property damage, 34.26 personal injury, or death; 34.27 (3) the person has refused to take the preliminary 34.28 screening test provided for in section 624.7142; or 34.29 (4) the screening test was administered and indicated an 34.30 alcohol concentration of 0.04 or more. 34.31 Subd. 2. [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 34.32 refuses to take a test required under subdivision 1, none must 34.33 be given but the officer shall report the refusal to the sheriff 34.34 and to the authority having responsibility for prosecution of 34.35 misdemeanor offenses for the jurisdiction in which the incident 34.36 occurred that gave rise to the test demand and refusal. On 35.1 certification by the officer that probable cause existed to 35.2 believe the person had been carrying a pistol on or about the 35.3 person's clothes or person in a public place while under the 35.4 influence of alcohol or a controlled substance, and that the 35.5 person refused to submit to testing, a court may impose a civil 35.6 penalty of $500 and may revoke the person's authority to carry a 35.7 pistol in a public place on or about the person's clothes or 35.8 person under the provisions of a permit or otherwise for a 35.9 period of one year from the date of the refusal. The person 35.10 shall be accorded notice and an opportunity to be heard prior to 35.11 imposition of the civil penalty or the revocation. 35.12 (b) Revocations under this subdivision must be reported in 35.13 the same manner as in section 624.714, subdivision 12a. 35.14 Subd. 3. [RIGHTS AND OBLIGATIONS.] At the time a test is 35.15 requested, the person must be informed that: 35.16 (1) Minnesota law requires a person to take a test to 35.17 determine if the person is under the influence of alcohol or a 35.18 controlled substance; 35.19 (2) if the person refuses to take the test, the person is 35.20 subject to a civil penalty of $500 and is prohibited for a 35.21 period of one year from carrying a pistol in a public place on 35.22 or about the person's clothes or person, as provided under 35.23 subdivision 2; and 35.24 (3) that the person has the right to consult with an 35.25 attorney, but that this right is limited to the extent it cannot 35.26 unreasonably delay administration of the test or the person will 35.27 be deemed to have refused the test. 35.28 Subd. 4. [REQUIREMENT OF BLOOD OR URINE TEST.] 35.29 Notwithstanding subdivision 1, if there is probable cause to 35.30 believe there is impairment by a controlled substance that is 35.31 not subject to testing by a breath test, a blood or urine test 35.32 may be required even after a breath test has been administered. 35.33 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 35.34 under this section are governed by section 169A.51 in all 35.35 aspects that are not inconsistent with this section. 35.36 Sec. 31. [APPROPRIATION.] 36.1 $1,071,000 is appropriated in fiscal year 2004 and $119,000 36.2 is appropriated in fiscal year 2005 from the general fund to the 36.3 commissioner of public safety to implement the provisions of 36.4 sections 1 to 30. The unencumbered balance in the first year 36.5 does not cancel but is available for the second year. 36.6 Sec. 32. [TEMPORARY FEE PROVISION.] 36.7 Notwithstanding Minnesota Statutes, section 624.714, 36.8 subdivision 3, paragraph (e), until July 1, 2004, the sheriff 36.9 must submit $21.50 to the commissioner of public safety for 36.10 deposit into the general fund for each permit application 36.11 submitted under Minnesota Statutes, section 624.714. 36.12 Sec. 33. [GRANDFATHER CLAUSE.] 36.13 Permits to carry pistols issued prior to the effective date 36.14 of sections 1 to 30 remain in effect and are valid under the 36.15 terms of issuance until the date of expiration applicable at the 36.16 time of issuance. However, a person holding a permit that was 36.17 issued prior to the effective date of sections 1 to 30 may 36.18 nevertheless apply for a permit under the terms and conditions 36.19 of sections 1 to 30. 36.20 Sec. 34. [REVISOR'S INSTRUCTION.] 36.21 In Minnesota Statutes, sections 624.713 to 624.717, the 36.22 revisor of statutes shall change the term "commissioner of 36.23 public safety" to "commissioner" wherever the term appears. 36.24 Sec. 35. [REPEALER.] 36.25 Minnesota Statutes 2002, section 624.714, subdivisions 1 36.26 and 5, are repealed. 36.27 Sec. 36. [EFFECTIVE DATE.] 36.28 Sections 1 to 35 are effective 30 days after final 36.29 enactment and apply to crimes committed on or after that date, 36.30 except that the commissioner of public safety must promulgate 36.31 the list required under section 21 within 60 days of final 36.32 enactment. The database required by section 20 must be 36.33 operational within 180 days of the effective date. 36.34 ARTICLE 3 36.35 LIFETIME BAN ON FIREARM POSSESSION FOR VIOLENT FELONS 36.36 Section 1. Minnesota Statutes 2002, section 242.31, 37.1 subdivision 2a, is amended to read: 37.2 Subd. 2a. [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 37.3 FIREARMS.] The order of discharge must provide that a person who 37.4 has been convicted of a crime of violence, as defined in section 37.5 624.712, subdivision 5, is not entitled to ship, transport, 37.6 possess, or receive a firearm until ten years have elapsed since37.7 the person was restored to civil rights and during that time the37.8 person was not convicted of any other crime of violencefor the 37.9 remainder of the person's lifetime. Any person who has received 37.10 such a discharge and who thereafter has received a relief of 37.11 disability under United States Code, title 18, section 925, or 37.12 whose ability to possess firearms has been restored under 37.13 section 609.165, subdivision 1d, shall not be subject to the 37.14 restrictions of this subdivision. 37.15 Sec. 2. Minnesota Statutes 2002, section 260B.245, 37.16 subdivision 1, is amended to read: 37.17 Subdivision 1. [EFFECT.] (a) No adjudication upon the 37.18 status of any child in the jurisdiction of the juvenile court 37.19 shall operate to impose any of the civil disabilities imposed by 37.20 conviction, nor shall any child be deemed a criminal by reason 37.21 of this adjudication, nor shall this adjudication be deemed a 37.22 conviction of crime, except as otherwise provided in this 37.23 section or section 260B.255. An extended jurisdiction juvenile 37.24 conviction shall be treated in the same manner as an adult 37.25 felony criminal conviction for purposes of the sentencing 37.26 guidelines. The disposition of the child or any evidence given 37.27 by the child in the juvenile court shall not be admissible as 37.28 evidence against the child in any case or proceeding in any 37.29 other court, except that an adjudication may later be used to 37.30 determine a proper sentence, nor shall the disposition or 37.31 evidence disqualify the child in any future civil service 37.32 examination, appointment, or application. 37.33 (b) A person who was adjudicated delinquent for, or 37.34 convicted as an extended jurisdiction juvenile of, a crime of 37.35 violence as defined in section 624.712, subdivision 5, is not 37.36 entitled to ship, transport, possess, or receive a firearm until38.1 ten years have elapsed since the person was discharged and38.2 during that time the person was not convicted of any other crime38.3 of violencefor the remainder of the person's lifetime. A 38.4 person who has received a relief of disability under United 38.5 States Code, title 18, section 925, or whose ability to possess 38.6 firearms has been restored under section 609.165, subdivision 38.7 1d, is not subject to the restrictions of this subdivision. 38.8 Sec. 3. Minnesota Statutes 2002, section 609.165, 38.9 subdivision 1a, is amended to read: 38.10 Subd. 1a. [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 38.11 FIREARMS.] The order of discharge must provide that a person who 38.12 has been convicted of a crime of violence, as defined in section 38.13 624.712, subdivision 5, is not entitled to ship, transport, 38.14 possess, or receive a firearm until ten years have elapsed since38.15 the person was restored to civil rights and during that time the38.16 person was not convicted of any other crime of violencefor the 38.17 remainder of the person's lifetime. Any person who has received 38.18 such a discharge and who thereafter has received a relief of 38.19 disability under United States Code, title 18, section 925, or 38.20 whose ability to possess firearms has been restored under 38.21 subdivision 1d, shall not be subject to the restrictions of this 38.22 subdivision. 38.23 Sec. 4. Minnesota Statutes 2002, section 609.165, 38.24 subdivision 1b, is amended to read: 38.25 Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who has 38.26 been convicted of a crime of violence, as defined in section 38.27 624.712, subdivision 5, and who ships, transports, possesses, or 38.28 receives a firearm before ten years have elapsed since the38.29 person was restored to civil rights, commits a felony and may be 38.30 sentenced to imprisonment for not more than 15 years or to 38.31 payment of a fine of not more than $30,000, or both. 38.32 (b) Nothing in thisA conviction and sentencing under this 38.33 section shall be construed to bar a conviction and sentencing 38.34 for a violation of section 624.713, subdivision 2. 38.35 (c) The criminal penalty in paragraph (a) does not apply to 38.36 any person who has received a relief of disability under United 39.1 States Code, title 18, section 925, or whose ability to possess 39.2 firearms has been restored under subdivision 1d. 39.3 Sec. 5. Minnesota Statutes 2002, section 609.165, is 39.4 amended by adding a subdivision to read: 39.5 Subd. 1d. [JUDICIAL RESTORATION OF ABILITY TO POSSESS A 39.6 FIREARM BY A FELON.] A person prohibited by state law from 39.7 shipping, transporting, possessing, or receiving a firearm 39.8 because of a conviction or a delinquency adjudication for 39.9 committing a crime of violence may petition a court to restore 39.10 the person's ability to possess, receive, ship, or transport 39.11 firearms and otherwise deal with firearms. 39.12 The court may grant the relief sought if the person shows 39.13 good cause to do so and the person has been released from 39.14 physical confinement. 39.15 If a petition is denied, the person may not file another 39.16 petition until three years have elapsed without the permission 39.17 of the court. 39.18 Sec. 6. Minnesota Statutes 2002, section 609A.03, 39.19 subdivision 5a, is amended to read: 39.20 Subd. 5a. [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 39.21 expunging the record of a conviction for a crime of violence as 39.22 defined in section 624.712, subdivision 5, must provide that the 39.23 person is not entitled to ship, transport, possess, or receive a 39.24 firearm until ten years have elapsed since the order was entered39.25 and during that time the person was not convicted of any other39.26 crime of violencefor the remainder of the person's lifetime. 39.27 Any person whose record of conviction is expunged under this 39.28 section and who thereafter receives a relief of disability under 39.29 United States Code, title 18, section 925, or whose ability to 39.30 possess firearms has been restored under section 609.165, 39.31 subdivision 1d, is not subject to the restriction in this 39.32 subdivision. 39.33 Sec. 7. Minnesota Statutes 2002, section 624.712, 39.34 subdivision 5, is amended to read: 39.35 Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes39.36 murder in the first, second, and third degrees, manslaughter in40.1 the first and second degrees, aiding suicide, aiding attempted40.2 suicide, felony violations of assault in the first, second,40.3 third, and fourth degrees, assaults motivated by bias under40.4 section 609.2231, subdivision 4, drive-by shootings, terroristic40.5 threats, use of drugs to injure or to facilitate crime, crimes40.6 committed for the benefit of a gang, commission of a crime while40.7 wearing or possessing a bullet-resistant vest, simple robbery,40.8 aggravated robbery, kidnapping, false imprisonment, criminal40.9 sexual conduct in the first, second, third, and fourth degrees,40.10 theft of a firearm, felony theft involving the intentional40.11 taking or driving of a motor vehicle without the consent of the40.12 owner or the authorized agent of the owner, felony theft40.13 involving the taking of property from a burning, abandoned, or40.14 vacant building, or from an area of destruction caused by civil40.15 disaster, riot, bombing, or the proximity of battle, felony40.16 theft involving the theft of a controlled substance, an40.17 explosive, or an incendiary device, arson in the first and40.18 second degrees, riot, burglary in the first, second, third, and40.19 fourth degrees, harassment and stalking, shooting at a public40.20 transit vehicle or facility, reckless use of a gun or dangerous40.21 weapon, intentionally pointing a gun at or towards a human40.22 being, setting a spring gun, and unlawfully owning, possessing,40.23 operating a machine gun or short-barreled shotgun, and an40.24 attempt to commit any of these offenses, as each of those40.25 offenses is defined in chapter 609. "Crime of violence" also40.26 includes felony violations of the following: malicious40.27 punishment of a child; neglect or endangerment of a child; and40.28 chapter 152.means: felony convictions of the following 40.29 offenses: sections 609.185 (murder in the first degree); 609.19 40.30 (murder in the second degree); 609.195 (murder in the third 40.31 degree); 609.20 (manslaughter in the first degree); 609.205 40.32 (manslaughter in the second degree); 609.215 (aiding suicide and 40.33 aiding attempted suicide); 609.221 (assault in the first 40.34 degree); 609.222 (assault in the second degree); 609.223 40.35 (assault in the third degree); 609.2231 (assault in the fourth 40.36 degree); 609.229 (crimes committed for the benefit of a gang); 41.1 609.235 (use of drugs to injure or facilitate crime); 609.24 41.2 (simple robbery); 609.245 (aggravated robbery); 609.25 41.3 (kidnapping); 609.255 (false imprisonment); 609.342 (criminal 41.4 sexual conduct in the first degree); 609.343 (criminal sexual 41.5 conduct in the second degree); 609.344 (criminal sexual conduct 41.6 in the third degree); 609.345 (criminal sexual conduct in the 41.7 fourth degree); 609.377 (malicious punishment of a child); 41.8 609.378 (neglect or endangerment of a child); 609.486 41.9 (commission of crime while wearing or possessing a 41.10 bullet-resistant vest); 609.52 (involving theft of a firearm, 41.11 theft involving the intentional taking or driving of a motor 41.12 vehicle without the consent of the owner or authorized agent of 41.13 the owner, theft involving the taking of property from a 41.14 burning, abandoned, or vacant building, or from an area of 41.15 destruction caused by civil disaster, riot, bombing, or the 41.16 proximity of battle, and theft involving the theft of a 41.17 controlled substance, an explosive, or an incendiary device); 41.18 609.561 (arson in the first degree); 609.562 (arson in the 41.19 second degree); 609.582, subdivision 1, 2, or 3 (burglary in the 41.20 first through third degrees); 609.66, subdivision 1e (drive-by 41.21 shooting); 609.67 (unlawfully owning, possessing, operating a 41.22 machine gun or short-barreled shotgun); 609.71 (riot); 609.713 41.23 (terroristic threats); 609.749 (harassment and stalking); 41.24 609.855, subdivision 5 (shooting at a public transit vehicle or 41.25 facility); and chapter 152 (drugs, controlled substances); and 41.26 an attempt to commit any of these offenses. 41.27 Sec. 8. Minnesota Statutes 2002, section 624.713, 41.28 subdivision 1, is amended to read: 41.29 Subdivision 1. [INELIGIBLE PERSONS.] The following persons 41.30 shall not be entitled to possess a pistol or semiautomatic 41.31 military-style assault weapon or, except for clause (a), any 41.32 other firearm: 41.33 (a) a person under the age of 18 years except that a person 41.34 under 18 may carry or possess a pistol or semiautomatic 41.35 military-style assault weapon (i) in the actual presence or 41.36 under the direct supervision of the person's parent or guardian, 42.1 (ii) for the purpose of military drill under the auspices of a 42.2 legally recognized military organization and under competent 42.3 supervision, (iii) for the purpose of instruction, competition, 42.4 or target practice on a firing range approved by the chief of 42.5 police or county sheriff in whose jurisdiction the range is 42.6 located and under direct supervision; or (iv) if the person has 42.7 successfully completed a course designed to teach marksmanship 42.8 and safety with a pistol or semiautomatic military-style assault 42.9 weapon and approved by the commissioner of natural resources; 42.10 (b) except as otherwise provided in clause (i), a person 42.11 who has been convicted of, or adjudicated delinquent or 42.12 convicted as an extended jurisdiction juvenile for committing, 42.13 in this state or elsewhere, a crime of violence unless ten years42.14 have elapsed since the person has been restored to civil rights42.15 or the sentence or disposition has expired, whichever occurs42.16 first, and during that time the person has not been convicted of42.17 or adjudicated for any other crime of violence. For purposes of 42.18 this section, crime of violence includes crimes in other states 42.19 or jurisdictions which would have been crimes of violence as 42.20 herein defined if they had been committed in this state; 42.21 (c) a person who is or has ever been confined in Minnesota 42.22 or elsewhere as a person who is mentally ill, mentally retarded, 42.23 or mentally ill and dangerous to the public, as defined in 42.24 section 253B.02, to a treatment facility, or who has ever been 42.25 found incompetent to stand trial or not guilty by reason of 42.26 mental illness, unless the person possesses a certificate of a 42.27 medical doctor or psychiatrist licensed in Minnesota, or other 42.28 satisfactory proof that the person is no longer suffering from 42.29 this disability; 42.30 (d) a person who has been convicted in Minnesota or 42.31 elsewhere of a misdemeanor or gross misdemeanor violation of 42.32 chapter 152, or a person who is or has ever been hospitalized or 42.33 committed for treatment for the habitual use of a controlled 42.34 substance or marijuana, as defined in sections 152.01 and 42.35 152.02, unless the person possesses a certificate of a medical 42.36 doctor or psychiatrist licensed in Minnesota, or other 43.1 satisfactory proof, that the person has not abused a controlled 43.2 substance or marijuana during the previous two years; 43.3 (e) a person who has been confined or committed to a 43.4 treatment facility in Minnesota or elsewhere as chemically 43.5 dependent as defined in section 253B.02, unless the person has 43.6 completed treatment. Property rights may not be abated but 43.7 access may be restricted by the courts; 43.8 (f) a peace officer who is informally admitted to a 43.9 treatment facility pursuant to section 253B.04 for chemical 43.10 dependency, unless the officer possesses a certificate from the 43.11 head of the treatment facility discharging or provisionally 43.12 discharging the officer from the treatment facility. Property 43.13 rights may not be abated but access may be restricted by the 43.14 courts; 43.15 (g) a person, including a person under the jurisdiction of 43.16 the juvenile court, who has been charged with committing a crime 43.17 of violence and has been placed in a pretrial diversion program 43.18 by the court before disposition, until the person has completed 43.19 the diversion program and the charge of committing the crime of 43.20 violence has been dismissed; 43.21 (h) except as otherwise provided in clause (i), a person 43.22 who has been convicted in another state of committing an offense 43.23 similar to the offense described in section 609.224, subdivision 43.24 3, against a family or household member or section 609.2242, 43.25 subdivision 3, unless three years have elapsed since the date of 43.26 conviction and, during that time, the person has not been 43.27 convicted of any other violation of section 609.224, subdivision 43.28 3, or 609.2242, subdivision 3, or a similar law of another 43.29 state; 43.30 (i) a person who has been convicted in this state or 43.31 elsewhere of assaulting a family or household member and who was 43.32 found by the court to have used a firearm in any way during 43.33 commission of the assault is prohibited from possessing any type 43.34 of firearm for the period determined by the sentencing court; or43.35 (j) a person who: 43.36 (1) has been convicted in any court of a crime punishable 44.1 by imprisonment for a term exceeding one year; 44.2 (2) is a fugitive from justice as a result of having fled 44.3 from any state to avoid prosecution for a crime or to avoid 44.4 giving testimony in any criminal proceeding; 44.5 (3) is an unlawful user of any controlled substance as 44.6 defined in chapter 152; 44.7 (4) has been judicially committed to a treatment facility 44.8 in Minnesota or elsewhere as a person who is mentally ill, 44.9 mentally retarded, or mentally ill and dangerous to the public, 44.10 as defined in section 253B.02; 44.11 (5) is an alien who is illegally or unlawfully in the 44.12 United States; 44.13 (6) has been discharged from the armed forces of the United 44.14 States under dishonorable conditions; or 44.15 (7) has renounced the person's citizenship having been a 44.16 citizen of the United States .; or 44.17 (k) a person who has been convicted of the following 44.18 offenses at the gross misdemeanor level, unless three years have 44.19 elapsed since the date of conviction and, during that time, the 44.20 person has not been convicted of any other violation of these 44.21 sections: section 609.229 (crimes committed for the benefit of 44.22 a gang); 609.2231, subdivision 4 (assaults motivated by bias); 44.23 609.255 (false imprisonment); 609.378 (neglect or endangerment 44.24 of a child); 609.582, subdivision 4 (burglary in the fourth 44.25 degree); 609.665 (setting a spring gun); 609.71 (riot); or 44.26 609.749 (harassment and stalking). For purposes of this 44.27 paragraph, the specified gross misdemeanor convictions include 44.28 crimes committed in other states or jurisdictions which would 44.29 have been gross misdemeanors if conviction occurred in this 44.30 state. 44.31 A person who issues a certificate pursuant to this 44.32 subdivision in good faith is not liable for damages resulting or 44.33 arising from the actions or misconduct with a firearm committed 44.34 by the individual who is the subject of the certificate. 44.35 The prohibition in this subdivision relating to the 44.36 possession of firearms other than pistols and semiautomatic 45.1 military-style assault weapons does not apply retroactively to 45.2 persons who are prohibited from possessing a pistol or 45.3 semiautomatic military-style assault weapon under this 45.4 subdivision before August 1, 1994. 45.5 The lifetime prohibition on possessing, receiving, 45.6 shipping, or transporting firearms for persons convicted or 45.7 adjudicated delinquent of a crime of violence in clause (b), 45.8 applies only to offenders who are discharged from sentence or 45.9 court supervision for a crime of violence on or after August 1, 45.10 1993. 45.11 Sec. 9. Minnesota Statutes 2002, section 624.713, 45.12 subdivision 2, is amended to read: 45.13 Subd. 2. [PENALTIES.] (a) A person named in subdivision 1, 45.14 clause (a), who possesses a pistol or semiautomatic 45.15 military-style assault weapon is guilty of a felony and may be 45.16 sentenced to imprisonment for not more than five years or to 45.17 payment of a fine of not more than $10,000, or both. 45.18 (b) A person named in subdivision 1, clause (b), who 45.19 possesses any type of firearm is guilty of a felony and may be 45.20 sentenced to imprisonment for not more than 15 years or to 45.21 payment of a fine of not more than $30,000, or both. This 45.22 paragraph does not apply to any person who has received a relief 45.23 of disability under United States Code, title 18, section 925, 45.24 or whose ability to possess firearms has been restored under 45.25 section 609.165, subdivision 1d. 45.26 (c) A person named in any other clause of subdivision 1 who 45.27 possesses any type of firearm is guilty of a gross misdemeanor. 45.28 Sec. 10. Minnesota Statutes 2002, section 624.713, 45.29 subdivision 3, is amended to read: 45.30 Subd. 3. [NOTICE.] (a) When a person is convicted of, or 45.31 adjudicated delinquent or convicted as an extended jurisdiction 45.32 juvenile for committing, a crime of violence as defined in 45.33 section 624.712, subdivision 5, the court shall inform the 45.34 defendant that the defendant is prohibited from possessing a 45.35 pistol or semiautomatic military-style assault weapon for a45.36 period of ten years after the person was restored to civil46.1 rights or since the sentence or disposition has expired,46.2 whichever occurs firstthe remainder of the person's lifetime, 46.3 and that it is a felony offense to violate this prohibition. 46.4 The failure of the court to provide this information to a 46.5 defendant does not affect the applicability of the pistol or 46.6 semiautomatic military-style assault weapon possession 46.7 prohibition or the felony penalty to that defendant. 46.8 (b) When a person, including a person under the 46.9 jurisdiction of the juvenile court, is charged with committing a 46.10 crime of violence and is placed in a pretrial diversion program 46.11 by the court before disposition, the court shall inform the 46.12 defendant that: (1) the defendant is prohibited from possessing 46.13 a pistol or semiautomatic military-style assault weapon until 46.14 the person has completed the diversion program and the charge of 46.15 committing a crime of violence has been dismissed; (2) it is a 46.16 gross misdemeanor offense to violate this prohibition; and (3) 46.17 if the defendant violates this condition of participation in the 46.18 diversion program, the charge of committing a crime of violence 46.19 may be prosecuted. The failure of the court to provide this 46.20 information to a defendant does not affect the applicability of 46.21 the pistol or semiautomatic military-style assault weapon 46.22 possession prohibition or the gross misdemeanor penalty to that 46.23 defendant. 46.24 Sec. 11. Minnesota Statutes 2002, section 638.02, 46.25 subdivision 2, is amended to read: 46.26 Subd. 2. Any person, convicted of a crime in any court of 46.27 this state, who has served the sentence imposed by the court and 46.28 has been discharged of the sentence either by order of court or 46.29 by operation of law, may petition the board of pardons for the 46.30 granting of a pardon extraordinary. Unless the board of pardons 46.31 expressly provides otherwise in writing by unanimous vote, the 46.32 application for a pardon extraordinary may not be filed until 46.33 the applicable time period in clause (1) or (2) has elapsed: 46.34 (1) if the person was convicted of a crime of violence as 46.35 defined in section 624.712, subdivision 5, ten years must have 46.36 elapsed since the sentence was discharged and during that time 47.1 the person must not have been convicted of any other crime; and 47.2 (2) if the person was convicted of any crime not included 47.3 within the definition of crime of violence under section 47.4 624.712, subdivision 5, five years must have elapsed since the 47.5 sentence was discharged and during that time the person must not 47.6 have been convicted of any other crime. 47.7 If the board of pardons determines that the person is of good 47.8 character and reputation, the board may, in its discretion, 47.9 grant the person a pardon extraordinary. The pardon 47.10 extraordinary, when granted, has the effect of setting aside and 47.11 nullifying the conviction and of purging the person of it, and 47.12 the person shall never after that be required to disclose the 47.13 conviction at any time or place other than in a judicial 47.14 proceeding or as part of the licensing process for peace 47.15 officers. 47.16 The application for a pardon extraordinary, the proceedings 47.17 to review an application, and the notice requirements are 47.18 governed by the statutes and the rules of the board in respect 47.19 to other proceedings before the board. The application shall 47.20 contain any further information that the board may require. 47.21 Unless the board of pardons expressly provides otherwise in47.22 writing by unanimous vote, if the person was convicted of a47.23 crime of violence, as defined in section 624.712, subdivision 5,47.24 the pardon extraordinary must expressly provide that the pardon47.25 does not entitle the person to ship, transport, possess, or47.26 receive a firearm until ten years have elapsed since the47.27 sentence was discharged and during that time the person was not47.28 convicted of any other crime of violence.47.29 Sec. 12. [EFFECTIVE DATE.] 47.30 Sections 1 to 11 are effective August 1, 2003. The 47.31 provisions of sections 1 to 11 that impose a lifetime 47.32 prohibition on possessing, receiving, shipping, or transporting 47.33 firearms apply to persons who are discharged from sentence or 47.34 court supervision for a crime of violence on or after August 1, 47.35 1993.