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SF 568

as introduced - 88th Legislature (2013 - 2014) Posted on 02/19/2013 08:55am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying the judicial process for restoring firearms
eligibility to certain persons who have become ineligible; modifying the judicial
challenge process for persons who have been denied a permit to carry a handgun;
amending Minnesota Statutes 2012, sections 609.165, subdivision 1d; 624.713,
subdivision 4; 624.714, subdivisions 6, 8, 12.

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

Section 1.

Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:


Subd. 1d.

Judicial restoration of ability to possess firearm by felon.

new text begin(a) new text endA person
prohibited by state law from shipping, transporting, possessing, or receiving a firearm
because of a conviction or a delinquency adjudication for committing a crime of violence
may petition a court to restore the person's ability to possess, receive, ship, or transport
firearms and otherwise deal with firearmsnew text begin if at least five years have elapsed since the
person's sentence was discharged
new text end.

new text begin (b) A person petitioning the court under paragraph (a) shall serve a copy of the
petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
and the corrections agent, if any, who supervised the person in the community before the
person's sentence was discharged.
new text end

new text begin (c) new text endThe court may grant the relief sought if the person shows good cause to do so
and the person deleted text beginhas been released from physical confinementdeleted text endnew text begin establishes by clear and
convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
to public safety; and (2) the granting of relief is not contrary to the public interest
new text end.

new text begin (d) new text endIf a petition is denied, the person may not file another petition until three years
have elapsed without the permission of the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:


Subd. 4.

Restoration of firearms eligibility to civilly committed person; petition
authorized.

(a) A person who is prohibited from possessing a firearm under subdivision
1, due to commitment resulting from a judicial determination that the person is mentally
ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may
petition a court to restore the person's ability to possess a firearm.

new text begin (b) A person petitioning the court under paragraph (a) shall serve a copy of the
petition by mail on the prosecutorial office responsible for the commitment.
new text end

deleted text begin (b)deleted text endnew text begin (c) new text end The court may grant the relief sought in paragraph (a) in accordance with the
principles of due process if thenew text begin person establishes by clear and convincing evidence that
the
new text end circumstances regarding the person's disqualifying condition and the person's record
and reputation are deleted text begindetermined to bedeleted text end such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

deleted text begin (c)deleted text endnew text begin (d)new text end When determining whether a person has met the requirement of paragraph deleted text begin(b)
deleted text endnew text begin (c)new text end, clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.

deleted text begin (d)deleted text endnew text begin (e) new text end Review on appeal shall be de novo.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

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


Subd. 6.

Granting and denial of permits.

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

(1) issue the permit to carry;

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:


Subd. 8.

Permit to carry voided.

(a) The permit to carry is void at the time that the
holder becomes prohibited by law from possessing a firearm, in which event the holder
must return the permit card to the issuing sheriff within five business days after the holder
knows or should know that the holder is a prohibited person. If the sheriff has knowledge
that a permit is void under this paragraph, the sheriff must give notice to the permit holder
in writing in the same manner as a denial. Failure of the holder to return the permit within
the five days is a gross misdemeanor unless the court finds that the circumstances or the
physical or mental condition of the permit holder prevented the holder from complying
with the return requirement.

(b) When a permit holder is convicted of an offense that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing sheriff.

(c) The sheriff of the county where the application was submitted, or of the county
of the permit holder's current residence, may file a petition with the district court therein,
for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph
(a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and
criteria set forth in subdivision 12. deleted text beginIf the court denies the petition, the court must award
the permit holder reasonable costs and expenses, including attorney fees.
deleted text end

(d) A permit revocation must be promptly reported to the issuing sheriff.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

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


Subd. 12.

Hearing upon denial or revocation.

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end