SF 2259

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; reenacting the Minnesota
Citizens' Personal Protection Act of 2003 with certain
amendments; recognizing the inherent right of
law-abiding citizens to self-protection through the
lawful use of self-defense; providing a system under
which responsible, competent adults can exercise their
right to self-protection by authorizing them to obtain
a permit to carry a pistol; providing criminal
penalties; amending Minnesota Statutes 2004, sections
609.66, subdivision 1d; 624.714, subdivisions 1b, 2,
2a, 3, 8, 12, 17, as reenacted, by adding a
subdivision.

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

Section 1. new text begin REENACTMENT OF PERSONAL PROTECTION ACT.
new text end

new text begin Laws 2003, chapter 28, articles 2 and 3, are reenacted
effective retroactively and without interruption from April 28,
2003.
new 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

Sec. 2.

Minnesota Statutes 2004, section 609.66,
subdivision 1d, is amended to read:

Subd. 1d.

Possession on school property; penalty.

(a)
Except as provided under paragraphs (c) and (e), whoever
possesses, stores, or keeps a dangerous weapon or uses or
brandishes a replica firearm or a BB gun while knowingly on
school property is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine
of not more than $5,000, or both.

(b) Whoever possesses, stores, or keeps a replica firearm
or a BB gun on school property is guilty of a gross misdemeanor.

(c) Notwithstanding paragraph (a) or (b), it is a
misdemeanor for a person authorized to carry a firearm under the
provisions of a permit or otherwise to carry a firearm on or
about the person's clothes or person in a location the person
knows is school property. Notwithstanding section 609.531, a
firearm carried in violation of this paragraph is not subject to
forfeiture.

(d) As used in this subdivision:

(1) "BB gun" means a device that fires or ejects a shot
measuring .18 of an inch or less in diameter;

(2) "dangerous weapon" has the meaning given it in section
609.02, subdivision 6;

(3) "replica firearm" has the meaning given it in section
609.713; and

(4) "school property" means:

(i) a public or private elementary, middle, or secondary
school building and its improved grounds, whether leased or
owned by the school;

(ii) a child care center licensed under chapter 245A during
the period children are present and participating in a child
care program;

(iii) the area within a school bus when that bus is being
used by a school to transport one or more elementary, middle, or
secondary school students to and from school-related activities,
including curricular, cocurricular, noncurricular,
extracurricular, and supplementary activities; and

(iv) that portion of a building or facility under the
temporary, exclusive control of a public or private school, a
school district, or an association of such entities where
conspicuous signs are prominently posted at each entrance that
give actual notice to persons of the school-related use.

(e) This subdivision does not apply to:

(1) new text begin active new text end licensed peace officers deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end military personnel deleted text begin , deleted text end or students participating in
military training, who are on-duty, performing official duties;

deleted text begin (2) deleted text end new text begin (3) new text end persons authorized to carry a pistol under section
624.714 while in a motor vehicle or outside of a motor vehicle
to directly place a firearm in, or retrieve it from, the trunk
or rear area of the vehicle;

deleted text begin (3) deleted text end new text begin (4) new text end persons who keep or store in a motor vehicle
pistols in accordance with section 624.714 or 624.715 or other
firearms in accordance with section 97B.045;

deleted text begin (4) deleted text end new text begin (5) new text end firearm safety or marksmanship courses or
activities conducted on school property;

deleted text begin (5) deleted text end new text begin (6) new text end possession of dangerous weapons, BB guns, or
replica firearms by a ceremonial color guard;

deleted text begin (6) deleted text end new text begin (7) new text end a gun or knife show held on school property;

deleted text begin (7) deleted text end new text begin (8) new text end possession of dangerous weapons, BB guns, or
replica firearms with written permission of the principal or
other person having general control and supervision of the
school or the director of a child care center; or

deleted text begin (8) deleted text end new text begin (9) new text end persons who are on unimproved property owned or
leased by a child care center, school, or school district unless
the person knows that a student is currently present on the land
for a school-related activity.

(f) Notwithstanding section 471.634, a school district or
other entity composed exclusively of school districts may not
regulate firearms, ammunition, or their respective components,
when possessed or carried by nonstudents or nonemployees, in a
manner that is inconsistent with this subdivision.

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 2004, section 624.714,
subdivision 1b, is amended to read:

Subd. 1b.

Display of permit; penalty.

(a) The holder of
a permit to carry 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
carrying a pistol and must display the permit card and
identification document upon lawful demand by a peace officer,
as defined in section 626.84, subdivision 1. A violation of
this paragraph is a petty misdemeanor. The fine for a first
offense must not exceed $25. Notwithstanding section 609.531, a
firearm carried in violation of this paragraph is not subject to
forfeiture.

(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
carry the pistol at the time of the alleged violation.

(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 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 carrying a firearm.
new text end

Sec. 4.

Minnesota Statutes 2004, section 624.714,
subdivision 2, is amended to read:

Subd. 2.

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

(a) Applications by Minnesota
residents for permits to carry shall be made to the county
sheriff where the applicant resides. Nonresidents, as defined
in section 171.01, subdivision 42, may apply to any sheriff.

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

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

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

(3) completes an application for a permit;

(4) is not prohibited from possessing a firearm under the
following sections:

(i) 518B.01, subdivision 14;

(ii) 609.224, subdivision 3;

(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;

(v) 624.713;

(vi) 624.719;

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

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

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

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

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

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

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 2004, section 624.714,
subdivision 2a, is amended to read:

Subd. 2a.

Training in the safe use of a pistol.

(a) An
applicant must present evidence that the applicant received
training in the safe use of a pistol within one year of the date
of an original or renewal application. Training may be
demonstrated by:

(1) employment as a peace officer in the state of Minnesota
within the past year; or

(2) completion of a firearms safety or training course
providing basic training in the safe use of a pistol and
conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use;

(2) successful completion of an actual shooting
qualification exercise; and

(3) instruction in the fundamental legal aspects of pistol
possession, carry, and use, including self-defense and the
restrictions on the use of deadly force.

(c) new text begin The certified instructor must issue a certificate to a
person who has completed a firearms safety or training course
described in paragraph (b). The certificate must be signed by
the instructor and attest that the person attended and completed
the course.
new text end

new text begin (d) new text end A person qualifies as a certified instructor if the
person is certified as a firearms instructor within the past
five years by deleted text begin :
deleted text end

deleted text begin (1) the Bureau of Criminal Apprehension, Training and
Development Section;
deleted text end

deleted text begin (2) the Minnesota Association of Law Enforcement Firearms
Instructors;
deleted text end

deleted text begin (3) the National Rifle Association;
deleted text end

deleted text begin (4) the American Association of Certified Firearms
Instructors;
deleted text end

deleted text begin (5) the Peace Officer Standards and Training Board of this
state or a similar agency of another state that certifies
firearms instructors; or
deleted text end

deleted text begin (6) the Department of Public Safety of this state or a
similar agency of another state that certifies firearms
instructors deleted text end new text begin an organization or government entity that has been
approved by the Department of Public Safety in accordance with
the department's standards new text end .

deleted text begin (d) deleted text end new text begin (e) new text end A sheriff must accept the training described in
this subdivision as meeting the requirement in subdivision 2,
paragraph (b), for training in the safe use of a pistol. A
sheriff may also accept other satisfactory evidence of training
in the safe use of a pistol.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment, except for the changes made in
paragraph (d), which are effective October 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 624.714,
subdivision 3, is amended to read:

Subd. 3.

Form and contents of application.

(a)
Applications for permits to carry must be an official,
standardized application form, adopted under section 624.7151,
and must set forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if
any, and driver's license number or state identification card
number;

(2) the applicant's sex, date of birth, height, weight, and
color of eyes and hair, and distinguishing physical
characteristics, if any;

(3) new text begin the township or statutory city or home rule charter
city, and county, of new text end all deleted text begin states of residence deleted text end new text begin Minnesota
residences new text end of the applicant in the last deleted text begin ten deleted text end new text begin five new text end years, though
not including specific addresses;

(4) new text begin the township or city, county, and state of all
non-Minnesota residences of the applicant in the last five
years, though not including specific addresses;
new text end

new text begin (5) new text end a statement that the applicant authorizes the release
to the sheriff of commitment information about the applicant
maintained by the commissioner of human services or any similar
agency or department of another state where the applicant has
resided, to the extent that the information relates to the
applicant's eligibility to possess a firearm; and

deleted text begin (5) deleted text end new text begin (6) new text end a statement by the applicant that, to the best of
the applicant's knowledge and belief, the applicant is not
prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause deleted text begin (4) deleted text end new text begin (5) new text end , must
comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the sheriff an application
packet consisting only of the following items:

(1) a completed application form, signed and dated by the
applicant;

(2) an accurate photocopy of deleted text begin a deleted text end new text begin the new text end certificate deleted text begin , affidavit,
or other document deleted text end new text begin described in subdivision 2a, paragraph (c),
new text end that is submitted as the applicant's evidence of training in the
safe use of a pistol; and

(3) an accurate photocopy of the applicant's current
driver's license, state identification card, or the photo page
of the applicant's passport.

(d) In addition to the other application materials, a
person who is otherwise ineligible for a permit due to a
criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or
otherwise restoring applicable rights, must submit a copy of the
relevant order.

(e) Applications must be submitted in person.

(f) The 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.

(g) This subdivision prescribes the complete and exclusive
set of items an applicant is required to submit in order to
apply for a new or renewal permit to carry. The applicant must
not be asked or required to submit, voluntarily or
involuntarily, any information, fees, or documentation beyond
that specifically required by this subdivision. This paragraph
does not apply to alternate training evidence accepted by the
sheriff under subdivision 2a, paragraph (d).

(h) Forms for new and renewal applications must be
available at all sheriffs' offices and the commissioner must
make the forms available on the Internet.

(i) Application forms must clearly display a notice that a
permit, if granted, is void and must be immediately returned to
the sheriff if the permit holder is or becomes prohibited by law
from possessing a firearm. The notice must list the applicable
state criminal offenses and civil categories that prohibit a
person from possessing a firearm.

(j) Upon receipt of an application packet and any required
fee, the sheriff must provide a signed receipt indicating the
date of submission.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2004, section 624.714,
subdivision 8, is amended to read:

Subd. 8.

Permit to carry voided.

(a) The permit to carry
is void deleted text begin and must be revoked deleted text end 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 deleted text begin a permit is revoked deleted text end new text begin the
sheriff has knowledge that a permit is void new text end under this
deleted text begin subdivision deleted text end new text begin paragraph new text end , 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 deleted text begin revoke the permit and, if it is available, deleted text end take possession
of deleted text begin it deleted text end new text begin the permit, if it is available, new text end 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. If the court denies the
petition, the court must award the permit holder reasonable
costs and expenses, including attorney fees.

(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. 8.

Minnesota Statutes 2004, 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 clear and convincing evidence:

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

(2) that there exists a substantial likelihood that the
applicant is a danger to self or the public if authorized to
carry a pistol under a permit. Incidents of alleged criminal
misconduct that are not investigated and documented deleted text begin , and
incidents for which the applicant was charged and acquitted, deleted text end may
not be considered.

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2004, section 624.714,
subdivision 17, as reenacted by section 1, is amended to read:

Subd. 17.

Posting; trespass.

(a) A person carrying a
firearm on or about his or her person or clothes under a permit
or otherwise who remains at a private establishment knowing that
the operator of the establishment or its agent has made a
reasonable request that firearms not be brought into the
establishment may be ordered to leave the premises. A person
who fails to leave when so requested is guilty of a petty
misdemeanor. The fine for a first offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation
of this subdivision is not subject to forfeiture.

(b) As used in this subdivision, the terms in this
paragraph have the meanings given.

(1) "Reasonable request" means a request made under the
following circumstances:

(i) the requester has prominently posted a conspicuous sign
at every entrance to the establishment containing the following
language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE
PREMISES."; deleted text begin and deleted text end new text begin or
new text end

(ii) the requester or deleted text begin its deleted text end new text begin the requester's new text end agent personally
informs the person deleted text begin of the posted request deleted text end new text begin that guns are
prohibited in the premises new text end and demands compliance.

(2) "Prominently" means readily visible and within four
feet laterally of the entrance with the bottom of the sign at a
height of four to six feet above the floor.

(3) "Conspicuous" means lettering in black arial typeface
at least 1-1/2 inches in height against a bright contrasting
background that is at least 187 square inches in area.

(4) "Private establishment" means a building, structure, or
portion thereof that is owned, leased, controlled, or operated
by a nongovernmental entity for a nongovernmental purpose.

(c) The owner or operator of a private establishment may
not prohibit the lawful carry or possession of firearms in a
parking facility or parking area.

(d) This subdivision does not apply to private residences.
The lawful possessor of a private residence may prohibit
firearms, and provide notice thereof, in any lawful manner.

(e) A landlord may not restrict the lawful carry or
possession of firearms by tenants or their guests.

(f) Notwithstanding any inconsistent provisions in section
609.605, this subdivision sets forth the exclusive criteria to
notify a permit holder when otherwise lawful firearm possession
is not allowed in a private establishment and sets forth the
exclusive penalty for such activity.

(g) This subdivision does not apply to new text begin :
new text end

new text begin (1) new text end an deleted text begin on-duty deleted text end new text begin active licensed new text end peace officer new text begin ; new text end or

new text begin (2) a new text end security guard acting in the course and scope of
employment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2004, section 624.714, is
amended by adding a subdivision to read:

new text begin Subd. 24. new text end

new text begin Predatory offenders. new text end

new text begin Except when acting under
the authority of other law, it is a misdemeanor for a person
required to register by section 243.166 to carry a pistol
whether or not the carrier possesses a permit to carry issued
under this section. If an action prohibited by this subdivision
is also a violation of another law, the violation may be
prosecuted under either law.
new text end

Sec. 11. new text begin ADOPTION OF STANDARDS.
new text end

new text begin By October 1, 2005, the Department of Public Safety shall
adopt and publish minimum standards that organizations and
government entities must meet to certify individuals as
certified firearms instructors under Minnesota Statutes, section
624.714, subdivision 2a, paragraph (d).
new 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