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HF 240

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:22pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

1.1A bill for an act
1.2relating to public safety; firearms; improving mental health screening for persons
1.3applying for firearms permits;amending Minnesota Statutes 2012, sections
1.4624.7131, subdivisions 2, 4; 624.7132, subdivisions 2, 3, 5, 13; 624.714,
1.5subdivisions 2, 6, 12, 16.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 624.7131, subdivision 2, is amended to read:
1.8    Subd. 2. Investigation. (a) The chief of police or sheriff shall check criminal
1.9histories, records and warrant information relating to the applicant through the Minnesota
1.10Crime Information System, the national criminal record repository, and the National
1.11Instant Criminal Background Check System. The chief of police or sheriff shall also make
1.12a reasonable effort to check other available state and local record-keeping systems. The
1.13chief of police or sheriff shall obtain commitment information from the commissioner of
1.14human services as provided in section 245.041.
1.15(b) When the applicant has had past police contacts that indicate dangerous or violent
1.16behavior, chemical dependency, serious mental illness, or a physical condition involving
1.17mental incompetence, the chief of police or sheriff, as a condition of granting the permit,
1.18may require that the applicant obtain a letter from a state licensed primary care physician
1.19or state certified mental health professional, or both, affirming that, in the person's
1.20professional opinion, the applicant is not seriously mentally ill or chemically dependent,
1.21and does not have a physical condition involving mental incompetence such that the person
1.22would be likely to be violent or a danger to self or others. The chief of police or sheriff must
1.23take the letter under consideration but is not required to treat the letter as determinative
1.24or conclusive in the decision to issue or deny the permit. Any such requirement by the
2.1chief of police or sheriff suspends the count on the waiting period beginning at the time
2.2the requirement is determined until the required letter or letters are provided.

2.3    Sec. 2. Minnesota Statutes 2012, section 624.7131, subdivision 4, is amended to read:
2.4    Subd. 4. Grounds for disqualification. A determination by the chief of police or
2.5sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or
2.6semiautomatic military-style assault weapon, or as provided in subdivision 2, paragraph
2.7(b), shall be the only basis for refusal to grant a transferee permit.

2.8    Sec. 3. Minnesota Statutes 2012, section 624.7132, subdivision 2, is amended to read:
2.9    Subd. 2. Investigation. (a) Upon receipt of a transfer report, the chief of police
2.10or sheriff shall check criminal histories, records and warrant information relating to the
2.11proposed transferee through the Minnesota Crime Information System, the national
2.12criminal record repository, and the National Instant Criminal Background Check System.
2.13The chief of police or sheriff shall also make a reasonable effort to check other available
2.14state and local record-keeping systems. The chief of police or sheriff shall obtain
2.15commitment information from the commissioner of human services as provided in section
2.16245.041 .
2.17(b) When the applicant has had past police contacts that indicate dangerous or violent
2.18behavior, chemical dependency, serious mental illness, or a physical condition involving
2.19mental incompetence, the chief of police or sheriff, as a condition of granting the permit,
2.20may require that the applicant obtain a letter from a state licensed primary care physician
2.21or state certified mental health professional, or both, affirming that, in the person's
2.22professional opinion, the applicant is not seriously mentally ill or chemically dependent,
2.23and does not have a physical condition involving mental incompetence such that the person
2.24would be likely to be violent or a danger to self or others. The chief of police or sheriff must
2.25take the letter under consideration but is not required to treat the letter as determinative
2.26or conclusive in the decision to issue or deny the permit. Any such requirement by the
2.27chief of police or sheriff suspends the count on the waiting period beginning at the time
2.28the requirement is determined until the required letter or letters are provided.

2.29    Sec. 4. Minnesota Statutes 2012, section 624.7132, subdivision 3, is amended to read:
2.30    Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
2.31proposed transferee in writing as soon as possible if the chief or sheriff determines that
2.32the proposed transferee is prohibited by section 624.713 or as provided in subdivision 2,
2.33paragraph (b), from possessing a pistol or semiautomatic military-style assault weapon.
3.1The notification to the transferee shall specify the grounds for the disqualification of the
3.2proposed transferee and shall set forth in detail the transferee's right of appeal under
3.3subdivision 13.

3.4    Sec. 5. Minnesota Statutes 2012, section 624.7132, subdivision 5, is amended to read:
3.5    Subd. 5. Grounds for disqualification. A determination by the chief of police or
3.6sheriff that the proposed transferee is prohibited by section 624.713 or as provided in
3.7subdivision 2, paragraph (b), from possessing a pistol or semiautomatic military-style
3.8assault weapon shall be the sole basis for a notification of disqualification under this section.

3.9    Sec. 6. Minnesota Statutes 2012, section 624.7132, subdivision 13, is amended to read:
3.10    Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
3.11or sheriff that the person is prohibited by section 624.713 from possessing a pistol or
3.12semiautomatic military-style assault weapon denial of a transferee permit may appeal the
3.13determination as provided in this subdivision. the denial to the district court shall have
3.14 having jurisdiction of proceedings under this subdivision over the county or municipality
3.15in which the denial occurred.
3.16On review pursuant to this subdivision, the court shall be limited to a determination
3.17of whether the proposed transferee is a person prohibited from possessing a pistol or
3.18semiautomatic military-style assault weapon by section 624.713.

3.19    Sec. 7. Minnesota Statutes 2012, section 624.714, subdivision 2, is amended to read:
3.20    Subd. 2. Where application made; authority to issue permit; criteria; scope.
3.21(a) Applications by Minnesota residents for permits to carry shall be made to the county
3.22sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision
3.2342
, may apply to any sheriff are not eligible to apply for a permit.
3.24(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,
3.25paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:
3.26(1) has training in the safe use of a pistol;
3.27(2) is at least 21 years old and a citizen or a permanent resident of the United States;
3.28(3) completes an application for a permit;
3.29(4) is not prohibited from possessing a firearm under the following sections: any
3.30state or federal law; and
3.31(i) 518B.01, subdivision 14;
3.32(ii) 609.224, subdivision 3;
3.33(iii) 609.2242, subdivision 3;
4.1(iv) 609.749, subdivision 8;
4.2(v) 624.713;
4.3(vi) 624.719;
4.4(vii) 629.715, subdivision 2;
4.5(viii) 629.72, subdivision 2; or
4.6(ix) any federal law; and
4.7(5) is not listed in the criminal gang investigative data system under section 299C.091.
4.8(c) A permit to carry a pistol issued or recognized under this section is a state permit
4.9and is effective throughout the state.
4.10(d) A sheriff may contract with a police chief to process permit applications under
4.11this section. If a sheriff contracts with a police chief, the sheriff remains the issuing
4.12authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police
4.13chief, all of the provisions of this section will apply.

4.14    Sec. 8. Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:
4.15    Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days
4.16after the date of receipt of the application packet described in subdivision 3:
4.17(1) issue the permit to carry;
4.18(2) deny the application for a permit to carry solely on the grounds that the applicant
4.19failed to qualify under the criteria described in subdivision 2, paragraph (b); or
4.20(3) deny the application on the grounds that there exists a substantial likelihood that
4.21the applicant is a danger to self or the public if authorized to carry a pistol under a permit.
4.22When the applicant has had past police contacts that indicate dangerous or violent
4.23behavior, chemical dependency, serious mental illness, or a physical condition involving
4.24mental incompetence, the sheriff, as a condition of granting the permit, may require that
4.25the applicant obtain a letter from a state licensed primary care physician or state certified
4.26mental health professional, or both, affirming that, in the person's professional opinion,
4.27the applicant is not seriously mentally ill or chemically dependent, and does not have a
4.28physical condition involving mental incompetence such that the person would be likely to
4.29be violent or a danger to self or others. The sheriff must take the letter under consideration
4.30but is not required to treat the letter as determinative or conclusive in the decision to
4.31issue or deny the permit. Any such requirement by the sheriff suspends the count on the
4.32waiting period beginning at the time the requirement is determined until the required
4.33letter or letters are provided.
4.34(b) Except when the sheriff has notified the applicant of a requirement to obtain a
4.35letter from a professional physician or mental health professional in accordance with
5.1paragraph (a), failure of the sheriff to notify the applicant of the denial of the application
5.2within 30 days after the date of receipt of the application packet constitutes issuance of the
5.3permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
5.4To deny the application, the sheriff must provide the applicant with written notification
5.5and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
5.6including the source of the factual basis. The sheriff must inform the applicant of the
5.7applicant's right to submit, within 20 business days, any additional documentation relating
5.8to the propriety of the denial. Upon receiving any additional documentation, the sheriff
5.9must reconsider the denial and inform the applicant within 15 business days of the result
5.10of the reconsideration. Any denial after reconsideration must be in the same form and
5.11substance as the original denial and must specifically address any continued deficiencies
5.12in light of the additional documentation submitted by the applicant. The applicant must be
5.13informed of the right to seek de novo review of the denial as provided in subdivision 12.
5.14(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
5.15card to the applicant by first class mail unless personal delivery has been made. Within
5.16five business days, the sheriff must submit the information specified in subdivision 7,
5.17paragraph (a), to the commissioner for inclusion solely in the database required under
5.18subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
5.19format prescribed by the commissioner.
5.20(d) Within five business days of learning that a permit to carry has been suspended
5.21or revoked, the sheriff must submit information to the commissioner regarding the
5.22suspension or revocation for inclusion solely in the databases required or permitted under
5.23subdivision 15.
5.24(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
5.25process if a charge is pending against the applicant that, if resulting in conviction, will
5.26prohibit the applicant from possessing a firearm.

5.27    Sec. 9. Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:
5.28    Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial
5.29or revocation of a permit to carry may appeal by petition to the district court having
5.30jurisdiction over the county or municipality where the application was submitted. The
5.31petition must list the sheriff as the respondent. The district court must hold a hearing at
5.32the earliest practicable date and in any event no later than 60 days following the filing of
5.33the petition for review. The court may not grant or deny any relief before the completion
5.34of the hearing. The record of the hearing must be sealed. The matter must be heard de
5.35novo without a jury.
6.1(b) The court must issue written findings of fact and conclusions of law regarding
6.2the issues submitted by the parties. The court must issue its writ of mandamus directing
6.3that the permit be issued and order other appropriate relief unless the sheriff establishes:
6.4(1) by clear and convincing evidence:
6.5(1) that the applicant is disqualified under the criteria described in subdivision 2,
6.6paragraph (b); or
6.7(2) by a preponderance of the evidence that there exists a substantial likelihood
6.8that the applicant is a danger to self or the public if authorized to carry a pistol under a
6.9permit. Incidents of alleged criminal misconduct that are not investigated and documented
6.10may not be considered.
6.11(c) If an applicant is denied a permit on the grounds that the applicant is listed in
6.12the criminal gang investigative data system under section 299C.091, the person may
6.13challenge the denial, after disclosure under court supervision of the reason for that listing,
6.14based on grounds that the person:
6.15(1) was erroneously identified as a person in the data system;
6.16(2) was improperly included in the data system according to the criteria outlined in
6.17section 299C.091, subdivision 2, paragraph (b); or
6.18(3) has demonstrably withdrawn from the activities and associations that led to
6.19inclusion in the data system.
6.20(d) If the court grants a petition brought under paragraph (a), the court must award
6.21the applicant or permit holder reasonable costs and expenses including attorney fees.

6.22    Sec. 10. Minnesota Statutes 2012, section 624.714, subdivision 16, is amended to read:
6.23    Subd. 16. Recognition of permits from other states. (a) The commissioner must
6.24annually establish and publish a list of other states that have laws governing the issuance
6.25of permits to carry weapons that are not substantially similar to this section. The list
6.26must be available on the Internet. A person holding a carry permit from a state not on
6.27the list may use the license or permit in this state subject to the rights, privileges, and
6.28requirements of this section.
6.29(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
6.30this state if the holder is or becomes prohibited by any state or federal law from possessing
6.31a firearm.
6.32(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
6.33order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
6.34this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
6.35only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
7.112. If the court denies the petition, the court must award the permit holder reasonable
7.2costs and expenses including attorney fees. The petition may be filed in any county in the
7.3state where a person holding a license or permit from another state can be found.
7.4(d) The commissioner must, when necessary, execute reciprocity agreements
7.5regarding carry permits with jurisdictions whose carry permits are recognized under
7.6paragraph (a).

7.7    Sec. 11. EFFECTIVE DATE.
7.8Sections 1 to 10 are effective August 1, 2013, for applications for permits issued
7.9on or after that date.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569