HF 308

as introduced - 88th Legislature (2013 - 2014) Posted on 02/04/2013 02:35pm

A bill for an act
relating to public safety; requiring a permit to purchase, own, possess, or use
body armor; providing criminal penalties for purchase, ownership, possession, or
use of body armor without a permit; proposing coding for new law in Minnesota
Statutes, chapter 609.

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

Section 1.

new text begin [609.488] BODY ARMOR.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Body armor" means a personal protective body covering, worn alone or as a
complement to another product or garment, that is designed and made of any material or
combination of materials to prevent, resist, deflect, or deter the penetration of the material
by a dangerous weapon.
new text end

new text begin (c) "Crime of violence" has the meaning given in section 624.712, subdivision 5.
new text end

new text begin (d) "Peace officer" has the meaning given in section 626.84, subdivision 1.
new text end

new text begin (e) "Correctional officer" has the meaning given in section 241.026, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Permit required; penalty. new text end

new text begin (a) A person, other than a peace officer,
correctional officer, or corrections agent, who purchases, owns, possesses, or uses body
armor without first having obtained a permit under subdivision 4 is guilty of a misdemeanor.
new text end

new text begin (b) A person who is convicted of a second or subsequent violation of paragraph (a)
is guilty of a gross misdemeanor.
new text end

new text begin (c) A person with a prior felony conviction for a crime of violence who violates
paragraph (a) is guilty of a felony.
new text end

new text begin Subd. 3. new text end

new text begin Display of permit; penalty. new text end

new text begin (a) The holder of a permit to purchase,
own, possess, or use body armor must have the permit card and a driver's license,
state identification card, or other government-issued photo identification in immediate
possession at all times when purchasing, owning, possessing, or using the body armor and
must display the permit card and identification document upon lawful demand by a peace
officer. A violation of this paragraph is a petty misdemeanor. The fine for a first offense
must not exceed $25. Notwithstanding section 609.531, body armor purchased, owned,
possessed, or used in violation of this paragraph is not subject to forfeiture.
new text end

new text begin (b) A citation issued for violating paragraph (a) must be dismissed if the person
demonstrates, in court or in the office of the arresting officer, that the person was authorized
to purchase, own, possess, or use the body armor at the time of the alleged violation.
new text end

new text begin (c) Upon the request of a peace officer, a permit holder must write a sample signature
in the officer's presence to aid in verifying the person's identity.
new text end

new text begin (d) Upon the request of a peace officer, a permit holder shall disclose to the officer
whether or not the permit holder is currently using the body armor.
new text end

new text begin Subd. 4. new text end

new text begin Application for permit. new text end

new text begin (a) Applications by Minnesota residents for
permits to purchase, own, possess, or use body armor shall be made to the chief of police
of an organized full-time police department of the municipality where the applicant resides
or to the county sheriff if there is no local chief of police. Nonresidents, as defined in
section 171.01, subdivision 42, may apply to any chief of police or sheriff.
new text end

new text begin (b) A chief of police or sheriff shall issue a permit to an applicant if the applicant:
new text end

new text begin (1) is likely to use body armor in a safe and lawful manner; and
new text end

new text begin (2) has reasonable need for the protection provided by body armor.
new text end

new text begin (c) The chief of police or sheriff shall consider the following when issuing a permit
under paragraph (b):
new text end

new text begin (1) the applicant's employment;
new text end

new text begin (2) the applicant's safety; and
new text end

new text begin (3) any other circumstances justifying the applicant's purchase, possession,
ownership, or use of body armor.
new text end

new text begin (d) The chief of police or sheriff may charge a new application processing fee in an
amount not to exceed the actual and reasonable direct cost of processing the application or
$100, whichever is less. Of this amount, $10 must be submitted to the commissioner and
deposited into the general fund.
new text end

new text begin (e) The commissioner of public safety shall determine the form and manner of the
application, permit, and new application and renewal processes under this subdivision
and subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Permit renewal. new text end

new text begin A permit to purchase, own, possess, or use body armor
issued under this section expires five years after the date of issue. It may be renewed in
the same manner and under the same criteria which the original permit was obtained,
subject to the following procedures:
new text end

new text begin (1) no earlier than 90 days prior to the expiration date on the permit, the permit
holder may renew the permit by submitting to the appropriate chief of police or sheriff an
application and a renewal processing fee not to exceed the actual and reasonable direct
cost of processing the application or $75, whichever is less. Of this amount, $5 must be
submitted to the commissioner and deposited into the general fund. The chief of police or
sheriff must process the renewal application in accordance with this section; and
new text end

new text begin (2) a permit holder who submits a renewal application packet after the expiration
date of the permit, but within 30 days after expiration, may renew the permit as provided
in clause (1) by paying an additional late fee of $10.
new text end

new text begin The renewal permit is effective beginning on the expiration date of the prior permit
to purchase, own, possess, or use body armor.
new text end

new text begin Subd. 6. new text end

new text begin Revocation. new text end

new text begin (a) The chief of police of the municipality or 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 in that county, for an order
revoking a permit on the grounds that:
new text end

new text begin (1) the applicant does not meet the criteria under subdivision 4; or
new text end

new text begin (2) there exists a substantial likelihood that the applicant is a danger to self or
the public if authorized to purchase, own, possess, or use body armor under a permit.
Incidents of alleged criminal misconduct that are not investigated and documented may
not be considered.
new text end

new text begin (b) An order shall be issued only if the chief of police or sheriff meets the burden of
proof and the criteria under subdivision 4. If the court denies the petition, the court must
award the permit holder reasonable costs and expenses, including attorney fees.
new text end

new text begin Subd. 7. new text end

new text begin Appeal. new text end

new text begin Any person aggrieved by denial or revocation of a permit 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 chief of police or 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.
new text end

new text begin Subd. 8. new text end

new text begin Investigation. new text end

new text begin The chief of police or sheriff must check, by means
of electronic data transfer, criminal records, histories, and warrant information on
each applicant through the Minnesota Crime Information System and the National
Instant Criminal Background Check System. The chief of police or sheriff shall
also make a reasonable effort to check other available and relevant federal, state, or
local record-keeping systems. The chief of police or sheriff must obtain commitment
information from the commissioner of human services as provided in section 245.041 or, if
the information is reasonably available, as provided by a similar statute from another state.
new text end

new text begin Subd. 9. new text end

new text begin Exceptions. new text end

new text begin A permit is not required under subdivision 2, when the
person is:
new text end

new text begin (1) wearing body armor provided by a peace officer for the person's safety or
protection while the person is being transported or accompanied by a peace officer;
new text end

new text begin (2) possessing body armor while acting as a confidential informant or witness
engaged by a law enforcement agency for a legitimate law enforcement purpose; or
new text end

new text begin (3) a member of the National Guard or a reserve component or active duty member
of the United States armed forces and is on active service as defined under section 190.05,
subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end