language to be deleted (2) new language
CHAPTER 83-S.F.No. 2259 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. [REENACTMENT OF PERSONAL PROTECTION ACT.] Laws 2003, chapter 28, articles 2 and 3, are reenacted effective retroactively and without interruption from April 28, 2003. [EFFECTIVE DATE.] This section is effective the day following final enactment. 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) active licensed peace officers
,; (2) military personnel ,or students participating in military training, who are on-duty, performing official duties; (2)(3) 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; (3)(4) 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; (4)(5) firearm safety or marksmanship courses or activities conducted on school property; (5)(6) possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard; (6)(7) a gun or knife show held on school property; (7)(8) 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 (8)(9) 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. [EFFECTIVE DATE.] This section is effective the day following final enactment. 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. (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. 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; or(viii) 629.72, subdivision 2; or (ix) any federal law; 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. [EFFECTIVE DATE.] This section is effective the day following final enactment. 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) 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. (d) A person qualifies as a certified instructor if the person is certified as a firearms instructor within the past five years by : (1) the Bureau of Criminal Apprehension, Training and Development Section; (2) the Minnesota Association of Law Enforcement Firearms Instructors; (3) the National Rifle Association; (4) the American Association of Certified Firearms Instructors; (5) the Peace Officer Standards and Training Board of this state or a similar agency of another state that certifies firearms instructors; or (6) the Department of Public Safety of this state or a similar agency of another state that certifies firearms instructorsan organization or government entity that has been approved by the Department of Public Safety in accordance with the department's standards. (d)(e) 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. [EFFECTIVE DATE.] This section is effective the day following final enactment, except for the changes made in paragraph (d), which are effective October 1, 2005. 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) the township or statutory city or home rule charter city, and county, of all states of residenceMinnesota residences of the applicant in the last tenfive years, though not including specific addresses; (4) 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; (5) 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 (5)(6) 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 (4)(5), 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 athe certificate , affidavit, or other documentdescribed in subdivision 2a, paragraph (c), 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. [EFFECTIVE DATE.] This section is effective the day following final enactment. 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 and must be revokedat 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 a permit is revokedthe sheriff has knowledge that a permit is void under this subdivisionparagraph, 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 revoke the permit and, if it is available,take possession of itthe 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. 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. [EFFECTIVE DATE.] This section is effective the day following final enactment. 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 , and incidents for which the applicant was charged and acquitted,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."; andor (ii) the requester or itsthe requester's agent personally informs the person of the posted requestthat guns are prohibited in the premises 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: (1) an on-dutyactive licensed peace officer; or (2) a security guard acting in the course and scope of employment. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 10. Minnesota Statutes 2004, section 624.714, is amended by adding a subdivision to read: Subd. 24. [PREDATORY OFFENDERS.] 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. Sec. 11. [ADOPTION OF STANDARDS.] 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). [EFFECTIVE DATE.] This section is effective the day following final enactment. Presented to the governor May 20, 2005 Signed by the governor May 24, 2005, 2:45 p.m.