Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                             CHAPTER 28-S.F.No. 842 
                  An act relating to state government regulation; 
                  requiring legislative approval of certain state park 
                  fees; modifying commissioner's authority relating to 
                  employees, gifts, and grants; modifying provisions of 
                  the state parks working capital fund; modifying 
                  application provisions for certain licenses; providing 
                  for reciprocity of certain safety courses; modifying 
                  certain county reimbursement provisions; modifying 
                  identification provisions for fish and dark houses; 
                  modifying littering prohibition; eliminating 
                  requirement to publish pamphlet form of laws; enacting 
                  the Minnesota Citizens' Personal Protection Act of 
                  2003; 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 that persons 
                  convicted of crimes of violence are prohibited from 
                  possessing, receiving, shipping, or transporting 
                  firearms for the remainder of the person's lifetime; 
                  providing criminal penalties; appropriating money; 
                  amending Minnesota Statutes 2002, sections 13.871, by 
                  adding a subdivision; 16A.1283; 84.01, subdivision 3; 
                  84.026; 84.085, subdivision 1; 84.791, by adding a 
                  subdivision; 84.82, subdivision 2; 84.862, by adding a 
                  subdivision; 84.925, by adding a subdivision; 85.20, 
                  subdivision 6; 85.22, by adding a subdivision; 
                  86B.101, by adding a subdivision; 86B.401, subdivision 
                  1; 97A.065, subdivision 2; 97B.020; 97C.355, 
                  subdivisions 1, 2; 169.42, subdivision 1; 169.421, 
                  subdivision 3; 242.31, subdivision 2a; 260B.245, 
                  subdivision 1; 609.165, subdivisions 1a, 1b, by adding 
                  a subdivision; 609.66, subdivision 1d; 609.68; 
                  609A.03, subdivision 5a; 624.712, subdivision 5, by 
                  adding a subdivision; 624.713, subdivisions 1, 2, 3; 
                  624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by 
                  adding subdivisions; 638.02, subdivision 2; proposing 
                  coding for new law in Minnesota Statutes, chapter 624; 
                  repealing Minnesota Statutes 2002, sections 97A.051, 
                  subdivision 1; 624.714, subdivisions 1, 5; Minnesota 
                  Rules, part 6262.0100, subpart 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                    NATURAL RESOURCES REGULATORY PROVISIONS 
           Section 1.  Minnesota Statutes 2002, section 16A.1283, is 
        amended to read: 
           16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 
           (a) Notwithstanding any law to the contrary, an executive 
        branch state agency may not impose a new fee or increase an 
        existing fee unless the new fee or increase is approved by law.  
        For purposes of this section, a fee is any charge for goods, 
        services, regulation, or licensure, and, notwithstanding 
        paragraph (b), clause (3), includes charges for admission to or 
        for use of public facilities owned by the state. 
           (b) This section does not apply to: 
           (1) charges billed within or between state agencies, or 
        billed to federal agencies; 
           (2) the Minnesota state colleges and universities system; 
           (3) charges for goods and services provided for the direct 
        and primary use of a private individual, business, or other 
        entity; or 
           (4) charges that authorize use of state-owned lands and 
        minerals administered by the commissioner of natural resources 
        by the issuance of leases, easements, cooperative farming 
        agreements, and land and water crossing licenses and charges for 
        sales of state-owned lands administered by the commissioner of 
        natural resources; or 
           (5) state park fees and charges established by 
        commissioner's order. 
           (c) An executive branch agency may reduce a fee that was 
        set by rule before July 1, 2001, without legislative approval.  
        Chapter 14 does not apply to fee reductions under this paragraph.
           Sec. 2.  Minnesota Statutes 2002, section 84.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EMPLOYEES; DELEGATION.] Subject to the 
        provisions of Laws 1969, chapter 1129, and to other applicable 
        laws the commissioner shall organize the department and 
        employ up to three assistant commissioners, each of whom shall 
        serve at the pleasure of the commissioner in the unclassified 
        service, one of whom shall have responsibility for coordinating 
        and directing the planning of every division within the agency, 
        and such other officers, employees, and agents as the 
        commissioner may deem necessary to discharge the functions of 
        the department, define the duties of such officers, employees, 
        and agents and to delegate to them any of the commissioner's 
        powers, duties, and responsibilities subject to the control of, 
        and under the conditions prescribed by, the commissioner.  
        Appointments to exercise delegated power shall be by written 
        order filed with the secretary of state. 
           Sec. 3.  Minnesota Statutes 2002, section 84.026, is 
        amended to read: 
           84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
        RESOURCES SERVICES.] 
           The commissioner of natural resources is authorized to 
        enter into contractual or grant agreements with any public or 
        private entity for the provision of statutorily prescribed 
        natural resources services by or for the department.  The 
        contracts or grants shall specify the services to be provided 
        and the amount and method of reimbursement.  Funds generated in 
        a contractual agreement made pursuant to this section shall be 
        deposited in the special revenue fund and are appropriated to 
        the department for purposes of providing the services specified 
        in the contracts.  All such contractual and grant agreements 
        shall be processed in accordance with the provisions of section 
        16C.05.  The commissioner shall report revenues collected and 
        expenditures made under this section to the chairs of the 
        committees on appropriations in the house and finance in the 
        senate by January 1 of each odd-numbered year. 
           Sec. 4.  Minnesota Statutes 2002, section 84.085, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
        natural resources may accept for and on behalf of the state any 
        gift, bequest, devise, or grants of lands or interest in lands 
        or personal property of any kind or of money tendered to the 
        state for any purpose pertaining to the activities of the 
        department or any of its divisions.  Any money so received is 
        hereby appropriated and dedicated for the purpose for which it 
        is granted.  Lands and interests in lands so received may be 
        sold or exchanged as provided in chapter 94.  
           (b) The commissioner of natural resources, on behalf of the 
        state, may accept and use grants of money or property from the 
        United States or other grantors for conservation purposes not 
        inconsistent with the laws of this state.  Any money or property 
        so received is hereby appropriated and dedicated for the 
        purposes for which it is granted, and shall be expended or used 
        solely for such purposes in accordance with the federal laws and 
        regulations pertaining thereto, subject to applicable state laws 
        and rules as to manner of expenditure or use providing that the 
        commissioner may make subgrants of any money received to other 
        agencies, units of local government, private individuals, 
        organizations, and private nonprofit corporations.  Appropriate 
        funds and accounts shall be maintained by the commissioner of 
        finance to secure compliance with this section. 
           (c) The commissioner may accept for and on behalf of the 
        permanent school fund a donation of lands, interest in lands, or 
        improvements on lands.  A donation so received shall become 
        state property, be classified as school trust land as defined in 
        section 92.025, and be managed consistent with section 127A.31. 
           Sec. 5.  Minnesota Statutes 2002, section 84.791, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [OFF-HIGHWAY MOTORCYCLE SAFETY COURSES; 
        RECIPROCITY WITH OTHER STATES.] The commissioner may enter into 
        reciprocity agreements or otherwise certify off-highway 
        motorcycle environment and safety education and training courses 
        from other states that are substantially similar to in-state 
        courses.  Proof of completion of a course subject to a 
        reciprocity agreement or certified as substantially similar is 
        adequate to meet the safety certificate requirements of sections 
        84.787 to 84.796. 
           Sec. 6.  Minnesota Statutes 2002, section 84.82, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
        (a) Application for registration or reregistration shall be made 
        to the commissioner of natural resources, or the commissioner of 
        public safety or an authorized deputy registrar of motor 
        vehicles in such form as a format prescribed by the commissioner 
        of public safety shall prescribe, and shall state the legal name 
        and address of every owner of the snowmobile.  
           (b) A person who purchases a snowmobile from a retail 
        dealer shall make application for registration to the dealer at 
        the point of sale.  The dealer shall issue a temporary 
        registration permit to each purchaser who applies to the dealer 
        for registration.  The temporary registration is valid for 60 
        days from the date of issue.  Each retail dealer shall submit 
        completed registration and fees to the deputy registrar at least 
        once a week.  Upon receipt of the application and the 
        appropriate fee as hereinafter provided, such snowmobile shall 
        be registered and a registration number assigned which shall be 
        affixed to the snowmobile in a clearly visible and permanent 
        manner for enforcement purposes as the commissioner of natural 
        resources shall prescribe.  The registration is not valid unless 
        signed by at least one owner. 
           (c) Each deputy registrar of motor vehicles acting pursuant 
        to section 168.33, shall also be a deputy registrar of 
        snowmobiles.  The commissioner of natural resources in agreement 
        with the commissioner of public safety may prescribe the 
        accounting and procedural requirements necessary to assure 
        efficient handling of registrations and registration fees.  
        Deputy registrars shall strictly comply with these accounting 
        and procedural requirements.  
           (d) A fee of $2 in addition to that otherwise prescribed by 
        law shall be charged for: 
           (1) each snowmobile registered by the registrar or a deputy 
        registrar and the additional fee shall be disposed of in the 
        manner provided in section 168.33, subdivision 2; or 
           (2) each snowmobile registered by the commissioner and the 
        additional fee shall be deposited in the state treasury and 
        credited to the snowmobile trails and enforcement account in the 
        natural resources fund.  
           Sec. 7.  Minnesota Statutes 2002, section 84.862, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [CERTIFICATES ISSUED IN OTHER STATES.] If a 
        person completes a safety course in another state that is 
        recognized by the commissioner under a reciprocity agreement, 
        evidence that the person has completed that course is acceptable 
        in lieu of a certificate under this section. 
           Sec. 8.  Minnesota Statutes 2002, section 84.925, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [ALL-TERRAIN VEHICLE SAFETY COURSES; RECIPROCITY 
        WITH OTHER STATES.] The commissioner may enter into reciprocity 
        agreements or otherwise certify all-terrain vehicle 
        environmental and safety education and training courses from 
        other states that are substantially similar to in-state 
        courses.  Proof of completion of a course subject to a 
        reciprocity agreement or certified as substantially similar is 
        adequate to meet the safety certificate requirements of sections 
        84.92 to 84.929. 
           Sec. 9.  Minnesota Statutes 2002, section 85.20, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
        throw, or deposit upon the lands and waters within a state 
        park any unit of the outdoor recreation system as defined in 
        section 86A.04 any substance, including cigarette filters and 
        debris from fireworks, that would mar the appearance, create a 
        stench, destroy the cleanliness or safety of the land, or would 
        be likely to injure any animal, vehicle, or person traveling 
        upon those lands and waters.  The operator of a vehicle or 
        watercraft, except a school bus or a vehicle transporting 
        passengers for hire and regulated by the interstate commerce 
        commission, shall not permit articles to be thrown or discarded 
        from the vehicle upon any lands or waters within a state park 
        any unit of the outdoor recreation system.  
           (b) Violation of this subdivision is a misdemeanor.  Any 
        person sentenced under this subdivision shall in lieu of the 
        sentence imposed be permitted, under terms established by the 
        court, to work under the direction of the department of natural 
        resources at clearing rubbish, trash, and debris from any state 
        park unit of the outdoor recreation system.  The court may for 
        any violation of this subdivision order the offender to perform 
        such work under terms established by the court with the option 
        of a jail sentence being imposed.  
           (c) In lieu of enforcement under paragraph (b), this 
        subdivision may be enforced by imposition of a civil penalty and 
        an action for damages for littering under section 115A.99. 
           Sec. 10.  Minnesota Statutes 2002, section 85.22, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [EXEMPTION.] Purchases made from the state parks 
        working capital fund are exempt from competitive bidding, 
        notwithstanding chapter 16C. 
           Sec. 11.  Minnesota Statutes 2002, section 86B.101, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [BOAT SAFETY EDUCATION PROGRAM; RECIPROCITY WITH 
        OTHER STATES.] The commissioner may enter into reciprocity 
        agreements or otherwise certify boat safety education programs 
        from other states that are substantially similar to in-state 
        programs.  The commissioner shall issue a watercraft operator's 
        permit to a person who provides proof of completion of a program 
        subject to a reciprocity agreement or certified as substantially 
        similar. 
           Sec. 12.  Minnesota Statutes 2002, section 86B.401, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] (a) A person may apply to 
        the commissioner of natural resources, the commissioner of 
        public safety, or an authorized deputy registrar of motor 
        vehicles to license a watercraft in a form as format prescribed 
        by the commissioner of public safety.  
           (b) The application must state the names and addresses of 
        all owners of the watercraft. 
           Sec. 13.  Minnesota Statutes 2002, section 97A.065, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
        forfeited bail collected from prosecutions of violations of:  
        the game and fish laws or rules adopted thereunder; sections 
        84.091 to 84.15 or rules adopted thereunder; sections 84.81 to 
        84.91 or rules adopted thereunder; section 169A.20, when the 
        violation involved an off-road recreational vehicle as defined 
        in section 169A.03, subdivision 16; chapter 348; and any other 
        law relating to wild animals or aquatic vegetation, must be paid 
        to the treasurer of the county where the violation is 
        prosecuted.  The county treasurer shall submit one-half of the 
        receipts to the commissioner and credit the balance to the 
        county general revenue fund except as provided in paragraphs 
        (b), (c), and (d).  In a county in a judicial district under 
        section 480.181, subdivision 1, paragraph (b), the share that 
        would otherwise go to the county under this paragraph must be 
        submitted to the state treasurer for deposit in the state 
        treasury and credited to the general fund. 
           (b) The commissioner must may reimburse a county, from the 
        game and fish fund, for the cost of keeping prisoners prosecuted 
        for violations of the game and fish laws under this section if 
        the county board, by resolution, directs:  (1) the county 
        treasurer to submit all game and fish fines and forfeited bail 
        to the commissioner; and (2) the county auditor to certify and 
        submit monthly itemized statements to the commissioner.  
           (c) The county treasurer shall submit one-half of the 
        receipts collected under paragraph (a) from prosecutions of 
        violations of sections 84.81 to 84.91 or rules adopted 
        thereunder, and 169A.20, except receipts that are surcharges 
        imposed under section 357.021, subdivision 6, to the 
        commissioner and credit the balance to the county general fund.  
        The commissioner shall credit these receipts to the snowmobile 
        trails and enforcement account in the natural resources fund. 
           (d) The county treasurer shall indicate the amount of the 
        receipts that are surcharges imposed under section 357.021, 
        subdivision 6, and shall submit all of those receipts to the 
        state treasurer. 
           Sec. 14.  Minnesota Statutes 2002, section 97B.020, is 
        amended to read: 
           97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
           (a) Except as provided in this section and section 97A.451, 
        subdivision 3a, a person born after December 31, 1979, may not 
        obtain an annual license to take wild animals by firearms unless 
        the person has a firearms safety certificate or equivalent 
        certificate, driver's license or identification card with a 
        valid firearms safety qualification indicator issued under 
        section 171.07, subdivision 13, previous hunting license, or 
        other evidence indicating that the person has completed in this 
        state or in another state a hunter safety course recognized by 
        the department under a reciprocity agreement or certified by the 
        department as substantially similar.  A person who is on active 
        duty and has successfully completed basic training in the United 
        States armed forces, reserve component, or national guard may 
        obtain a hunting license or approval authorizing hunting 
        regardless of whether the person is issued a firearms safety 
        certificate. 
           (b) A person born after December 31, 1979, may not use a 
        lifetime license to take wild animals by firearms, unless the 
        person meets the requirements for obtaining an annual license 
        under paragraph (a). 
           Sec. 15.  Minnesota Statutes 2002, section 97C.355, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IDENTIFICATION REQUIRED.] All shelters on 
        the ice of state waters, including dark houses and fish houses, 
        must have:  (1) the owner's name and address or, (2) the owner's 
        driver's license number of an, or (3) the "MDNR#" license 
        identification number issued to the owner legibly displayed on 
        the exterior with characters at least two inches high. 
           Sec. 16.  Minnesota Statutes 2002, section 97C.355, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LICENSE REQUIRED.] A person may not take fish 
        from a dark house or fish house unless the house is licensed and 
        has a durable license tag attached to the exterior as prescribed 
        by the commissioner in a readily visible location, except as 
        provided in this subdivision.  The commissioner must issue 
        a durable tag that is at least two inches in diameter with a 
        3/16 inch hole in the center with a dark house or fish house 
        license.  The durable tag must be, marked with a number to 
        correspond with the license and the year of issue.  A dark house 
        or fish house license is not required of a resident on boundary 
        waters where the adjacent state does not charge a fee for the 
        same activity. 
           Sec. 17.  Minnesota Statutes 2002, section 169.42, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
        shall throw, deposit, place or dump, or cause to be thrown, 
        deposited, placed or dumped upon any street or highway or upon 
        any public or privately owned land adjacent thereto without the 
        owner's consent any snow, ice, glass bottle, glass, nails, 
        tacks, wire, cans, garbage, swill, papers, ashes, cigarette 
        filters, debris from fireworks, refuse, carcass of any dead 
        animal, offal, trash or rubbish or any other form of offensive 
        matter or any other substance likely to injure any person, 
        animal or vehicle upon any such street or highway. 
           Sec. 18.  Minnesota Statutes 2002, section 169.421, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
        including litter, glass, nails, tacks, wire, cans, bottles, 
        garbage, papers, refuse, trash, cigarette filters, debris from 
        fireworks, or any form of offensive matter is thrown, deposited, 
        placed, or dumped from a vehicle upon any street or highway, 
        public land, or upon private land without the consent of the 
        owner of the land, a violation of this subdivision occurs and 
        civil liability is imposed upon the owner of the vehicle.  The 
        driver and passengers riding in a vehicle are constituted as the 
        agents of the owner of the vehicle for purposes of this 
        subdivision.  It is a defense to any action brought pursuant to 
        this section that the vehicle was stolen.  This section is not 
        applicable to the owner of a vehicle transporting persons for 
        hire or transporting school children.  
           Sec. 19.  Minnesota Statutes 2002, section 609.68, is 
        amended to read: 
           609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
           Whoever unlawfully deposits garbage, rubbish, cigarette 
        filters, debris from fireworks, offal, or the body of a dead 
        animal, or other litter in or upon any public highway, public 
        waters or the ice thereon, shoreland areas adjacent to rivers or 
        streams as defined by section 103F.205, public lands, or, 
        without the consent of the owner, private lands or water or ice 
        thereon, is guilty of a misdemeanor. 
           Sec. 20.  [REPEALER.] 
           Minnesota Statutes 2002, section 97A.051, subdivision 1, is 
        repealed.  Minnesota Rules, part 6262.0100, subpart 2, is 
        repealed. 

                                   ARTICLE 2 
                      PUBLIC SAFETY REGULATORY PROVISIONS 
           Section 1.  Minnesota Statutes 2002, section 13.871, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [PISTOL PERMIT DATA.] Data on persons permitted 
        to carry pistols under the terms of a permit must be shared as 
        required by section 624.714, subdivision 6. 
           Sec. 2.  Minnesota Statutes 2002, section 609.66, 
        subdivision 1d, is amended to read: 
           Subd. 1d.  [FELONY; 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; and 
           (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. 
           (d) (e) This subdivision does not apply to: 
           (1) licensed peace officers, military personnel, or 
        students participating in military training, who are on-duty, 
        performing official duties; 
           (2) persons who carry pistols according to the terms of a 
        permit 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) persons who keep or store in a motor vehicle pistols in 
        accordance with sections section 624.714 and or 624.715 or other 
        firearms in accordance with section 97B.045; 
           (4) firearm safety or marksmanship courses or activities 
        conducted on school property; 
           (5) possession of dangerous weapons, BB guns, or replica 
        firearms by a ceremonial color guard; 
           (6) a gun or knife show held on school property; or 
           (7) 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) 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. 
           Sec. 3.  Minnesota Statutes 2002, section 624.712, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of public safety unless otherwise indicated. 
           Sec. 4.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PERMIT REQUIRED; PENALTY.] A person, other than 
        a peace officer, as defined in section 626.84, subdivision 1, 
        who carries, holds, or possesses a pistol in a motor vehicle, 
        snowmobile, or boat, or on or about the person's clothes or the 
        person, or otherwise in possession or control in a public place, 
        as defined in section 624.7181, subdivision 1, paragraph (c), 
        without first having obtained a permit to carry the pistol is 
        guilty of a gross misdemeanor.  A person who is convicted a 
        second or subsequent time is guilty of a felony. 
           Sec. 5.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision 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. 
           Sec. 6.  Minnesota Statutes 2002, 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 chief of 
        police of an organized full-time police department of the 
        municipality where the applicant resides or to the county 
        sheriff where there is no such local chief of police where the 
        applicant resides.  At the time of application, the local police 
        authority shall provide the applicant with a dated receipt for 
        the application. 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; 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. 
           Sec. 7.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision 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) 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 
        instructors. 
           (d) 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. 
           Sec. 8.  Minnesota Statutes 2002, section 624.714, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
        Applications for permits to carry shall 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 nonqualification certificate 
        number, if any, of the applicant 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, of the applicant; 
           (3) all states of residence of the applicant in the last 
        ten years, though not including specific addresses; 
           (4) a statement that the applicant authorizes the release 
        to the local police authority 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 pistol or semiautomatic military-style assault weapon under 
        section 624.713, subdivision 1 firearm; and 
           (4) (5) a statement by the applicant that, to the best of 
        the applicant's knowledge and belief, the applicant is not 
        prohibited by section 624.713 from possessing a pistol or 
        semiautomatic military-style assault weapon; and law from 
        possessing a firearm. 
           (5) a recent color photograph of the applicant. 
        The application shall be signed and dated by the 
        applicant.  (b) The statement under paragraph (a), clause 
        (3) (4), 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 a certificate, affidavit, or 
        other document 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 of public 
        safety 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 of 
        public safety 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. 
           Sec. 9.  Minnesota Statutes 2002, section 624.714, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INVESTIGATION.] (a) The application authority 
        shall sheriff must check, by means of electronic data transfer, 
        criminal records, histories, and warrant information on each 
        applicant through the Minnesota Crime Information System.  The 
        chief of police or sheriff shall and, to the extent necessary, 
        the National Instant Check System.  The sheriff shall also make 
        a reasonable effort to check other available and relevant 
        federal, state, or local record keeping systems.  The 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. 
           (b) When an application for a permit is filed under this 
        section, the sheriff must notify the chief of police, if any, of 
        the municipality where the applicant resides.  The police chief 
        may provide the sheriff with any information relevant to the 
        issuance of the permit. 
           (c) The sheriff must conduct a background check by means of 
        electronic data transfer on a permit holder through the 
        Minnesota Crime Information System and, to the extent necessary, 
        the National Instant Check System at least yearly to ensure 
        continuing eligibility.  The sheriff may conduct additional 
        background checks by means of electronic data transfer on a 
        permit holder at any time during the period that a permit is in 
        effect. 
           Sec. 10.  Minnesota Statutes 2002, section 624.714, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FAILURE TO GRANT 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 
        substantial 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 chief police officer or the county 
        sheriff to deny the application or issue a permit to carry a 
        pistol notify the applicant of the denial of the application 
        within 21 30 days of after the date of receipt of the 
        application shall be deemed to be a grant thereof. packet 
        constitutes issuance of the permit to carry and the sheriff must 
        promptly fulfill the requirements under paragraph (c).  To deny 
        the application, the local police authority shall sheriff must 
        provide an the applicant with written notification of a denial 
        and the specific reason for 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.
        A chief of police or a sheriff may charge a fee to cover the 
        cost of conducting a background check, not to exceed $10.  The 
        permit shall specify the activities for which it shall be valid. 
        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 of public 
        safety 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 of public safety 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. 
           Sec. 11.  Minnesota Statutes 2002, section 624.714, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PERMIT CARD CONTENTS; EXPIRATION; RENEWAL.] 
        Permits to carry a pistol issued pursuant to this section shall 
        expire after one year and shall thereafter be renewed in the 
        same manner and subject to the same provisions by which the 
        original permit was obtained, except that all renewed permits 
        must comply with the standards adopted by the commissioner of 
        public safety under section 624.7161. (a) Permits to carry must 
        be on an official, standardized permit card adopted by the 
        commissioner of public safety, containing only the name, 
        residence, and driver's license number or state identification 
        card number of the permit holder, if any. 
           (b) The permit card must also identify the issuing sheriff 
        and state the expiration date of the permit.  The permit card 
        must clearly display a notice that a permit, if granted, is void 
        and must be immediately returned to the sheriff if the permit 
        holder becomes prohibited by law from possessing a firearm.  
           (c) A permit to carry a pistol 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: 
           (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 sheriff the application packet described in 
        subdivision 3 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 of public safety and deposited into the 
        general fund.  The sheriff must process the renewal application 
        in accordance with subdivisions 4 and 6; and 
           (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. 
           (d) The renewal permit is effective beginning on the 
        expiration date of the prior permit to carry. 
           Sec. 12.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF 
        PERMIT.] (a) Within 30 days after changing permanent address, or 
        within 30 days of having lost or destroyed the permit card, the 
        permit holder must notify the issuing sheriff of the change, 
        loss, or destruction.  Failure to provide notification as 
        required by this subdivision 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) After notice is given under paragraph (a), a permit 
        holder may obtain a replacement permit card by paying $10 to the 
        sheriff.  The request for a replacement permit card must be made 
        on an official, standardized application adopted for this 
        purpose under section 624.7151, and, except in the case of an 
        address change, must include a notarized statement that the 
        permit card has been lost or destroyed. 
           Sec. 13.  Minnesota Statutes 2002, section 624.714, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
        shall be is void and must be revoked at the time that the holder 
        becomes prohibited by law from possessing a pistol under section 
        624.713 firearm, in which event the holder shall must return the 
        permit card to the issuing sheriff within five business days to 
        the application authority after the holder knows or should know 
        that the holder is a prohibited person.  If a permit is revoked 
        under this subdivision, 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 it 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. 
           Sec. 14.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [PROSECUTOR'S DUTY.] Whenever a person is 
        charged with an offense that would, upon conviction, prohibit 
        the person from possessing a firearm, the prosecuting attorney 
        must ascertain whether the person is a permit holder under this 
        section.  If the person is a permit holder, the prosecutor must 
        notify the issuing sheriff that the person has been charged with 
        a prohibiting offense.  The prosecutor must also notify the 
        sheriff of the final disposition of the case. 
           Sec. 15.  Minnesota Statutes 2002, section 624.714, 
        subdivision 10, is amended to read: 
           Subd. 10.  [FALSE REPRESENTATIONS.] A person who gives or 
        causes to be given any false material information in applying 
        for a permit to carry, knowing or having reason to know the 
        information is false, is guilty of a gross misdemeanor. 
           Sec. 16.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [EMERGENCY ISSUANCE OF PERMITS.] A sheriff may 
        immediately issue an emergency permit to a person if the sheriff 
        determines that the person is in an emergency situation that may 
        constitute an immediate risk to the safety of the person or 
        someone residing in the person's household.  A person seeking an 
        emergency permit must complete an application form and must sign 
        an affidavit describing the emergency situation.  An emergency 
        permit applicant does not need to provide evidence of training.  
        An emergency permit is valid for 30 days, may not be renewed, 
        and may be revoked without a hearing.  No fee may be charged for 
        an emergency permit.  An emergency permit holder may seek a 
        regular permit under subdivision 3 and is subject to the other 
        applicable provisions of this section. 
           Sec. 17.  Minnesota Statutes 2002, 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 the denial by petition to the district court having 
        jurisdiction over the county or municipality wherein the 
        notification or denial occurred 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 
        shall 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. 18.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 12a.  [SUSPENSION AS CONDITION OF RELEASE.] The 
        district court may order suspension of the application process 
        for a permit or suspend the permit of a permit holder as a 
        condition of release pursuant to the same criteria as the 
        surrender of firearms under section 629.715.  A permit 
        suspension must be promptly reported to the issuing sheriff.  If 
        the permit holder has an out-of-state permit recognized under 
        subdivision 16, the court must promptly report the suspension to 
        the commissioner of public safety for inclusion solely in the 
        database under subdivision 15, paragraph (a). 
           Sec. 19.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [RECORDS.] (a) A sheriff must not maintain 
        records or data collected, made, or held under this section 
        concerning any applicant or permit holder that are not necessary 
        under this section to support a permit that is outstanding or 
        eligible for renewal under subdivision 7, paragraph (b).  
        Notwithstanding section 138.163, sheriffs must completely purge 
        all files and databases by March 1 of each year to delete all 
        information collected under this section concerning all persons 
        who are no longer current permit holders or currently eligible 
        to renew their permit. 
           (b) Paragraph (a) does not apply to records or data 
        concerning an applicant or permit holder who has had a permit 
        denied or revoked under the criteria established in subdivision 
        2, paragraph (b), clause (1), or subdivision 6, paragraph (a), 
        clause (3), for a period of six years from the date of the 
        denial or revocation. 
           Sec. 20.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; 
        DATABASE.] (a) The commissioner of public safety must maintain 
        an automated database of persons authorized to carry pistols 
        under this section that is available 24 hours a day, seven days 
        a week, only to law enforcement agencies, including prosecutors 
        carrying out their duties under subdivision 8a, to verify the 
        validity of a permit. 
           (b) The commissioner of public safety may maintain a 
        separate automated database of denied applications for permits 
        to carry and of revoked permits that is available only to 
        sheriffs performing their duties under this section containing 
        the date of, the statutory basis for, and the initiating agency 
        for any permit application denied or permit revoked for a period 
        of six years from the date of the denial or revocation. 
           (c) The commissioner of public safety may contract with one 
        or more vendors to implement the commissioner's duties under 
        this section. 
           Sec. 21.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [RECOGNITION OF PERMITS FROM OTHER STATES.] (a) 
        The commissioner of public safety must annually establish and 
        publish a list of other states that have laws governing the 
        issuance of permits to carry weapons that are not substantially 
        similar to this section.  The list must be available on the 
        Internet.  A person holding a carry permit from a state not on 
        the list may use the license or permit in this state subject to 
        the rights, privileges, and requirements of this section. 
           (b) Notwithstanding paragraph (a), no license or permit 
        from another state is valid in this state if the holder is or 
        becomes prohibited by law from possessing a firearm. 
           (c) Any sheriff or police chief may file a petition under 
        subdivision 12 seeking an order suspending or revoking an 
        out-of-state permit holder's authority to carry a pistol in this 
        state on the grounds set forth in subdivision 6, paragraph (a), 
        clause (3).  An order shall only be issued if the petitioner 
        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.  The petition may be filed in any county in the state 
        where a person holding a license or permit from another state 
        can be found. 
           (d) The commissioner of public safety must, when necessary, 
        execute reciprocity agreements regarding carry permits with 
        jurisdictions whose carry permits are recognized under paragraph 
        (a). 
           Sec. 22.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision 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."; and 
           (ii) the requester or its agent personally informs the 
        person of the posted request 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 an on-duty peace 
        officer or security guard acting in the course and scope of 
        employment. 
           Sec. 23.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 18.  [EMPLOYERS; PUBLIC COLLEGES AND 
        UNIVERSITIES.] (a) An employer, whether public or private, may 
        establish policies that restrict the carry or possession of 
        firearms by its employees while acting in the course and scope 
        of employment.  Employment related civil sanctions may be 
        invoked for a violation. 
           (b) A public postsecondary institution regulated under 
        chapter 136F or 137 may establish policies that restrict the 
        carry or possession of firearms by its students while on the 
        institution's property.  Academic sanctions may be invoked for a 
        violation. 
           (c) Notwithstanding paragraphs (a) and (b), an employer or 
        a postsecondary institution may not prohibit the lawful carry or 
        possession of firearms in a parking facility or parking area. 
           Sec. 24.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 19.  [IMMUNITY.] Neither a sheriff, police chief, any 
        employee of a sheriff or police chief involved in the permit 
        issuing process, nor any certified instructor is liable for 
        damages resulting or arising from acts with a firearm committed 
        by a permit holder, unless the person had actual knowledge at 
        the time the permit was issued or the instruction was given that 
        the applicant was prohibited by law from possessing a firearm. 
           Sec. 25.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 20.  [MONITORING.] (a) By March 1, 2004, and each 
        year thereafter, the commissioner of public safety must report 
        to the legislature on: 
           (1) the number of permits applied for, issued, suspended, 
        revoked, and denied, further categorized by the age, sex, and 
        zip code of the applicant or permit holder, since the previous 
        submission, and in total; 
           (2) the number of permits currently valid; 
           (3) the specific reasons for each suspension, revocation, 
        and denial and the number of reversed, canceled, or corrected 
        actions; 
           (4) without expressly identifying an applicant, the number 
        of denials or revocations based on the grounds under subdivision 
        6, paragraph (a), clause (3), the factual basis for each denial 
        or revocation, and the result of an appeal, if any, including 
        the court's findings of fact, conclusions of law, and order; 
           (5) the number of convictions and types of crimes committed 
        since the previous submission, and in total, by individuals with 
        permits including data as to whether a firearm lawfully carried 
        solely by virtue of a permit was actually used in furtherance of 
        the crime; 
           (6) to the extent known or determinable, data on the lawful 
        and justifiable use of firearms by permit holders; and 
           (7) the status of the segregated funds reported to the 
        commissioner under subdivision 21. 
           (b) Sheriffs and police chiefs must supply the department 
        of public safety with the basic data the department requires to 
        complete the report under paragraph (a).  Sheriffs and police 
        chiefs may submit data classified as private to the department 
        of public safety under this paragraph. 
           (c) Copies of the report under paragraph (a) must be made 
        available to the public at the actual cost of duplication. 
           (d) Nothing contained in any provision of this section or 
        any other law requires or authorizes the registration, 
        documentation, collection, or providing of serial numbers or 
        other data on firearms or on firearms' owners. 
           Sec. 26.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 21.  [USE OF FEES.] Fees collected by sheriffs under 
        this section and not forwarded to the commissioner of public 
        safety must be used only to pay the direct costs of 
        administering this section.  Fee money may be used to pay the 
        costs of appeals of prevailing applicants or permit holders 
        under subdivision 8, paragraph (c); subdivision 12, paragraph 
        (e); and subdivision 16, paragraph (c).  Fee money may also be 
        used to pay the reasonable costs of the county attorney to 
        represent the sheriff in proceedings under this section.  The 
        revenues must be maintained in a segregated fund.  Fund balances 
        must be carried over from year to year and do not revert to any 
        other fund.  As part of the information supplied under 
        subdivision 20, paragraph (b), by January 31 of each year, a 
        sheriff must report to the commissioner on the sheriff's 
        segregated fund for the preceding calendar year, including 
        information regarding: 
           (1) nature and amount of revenues; 
           (2) nature and amount of expenditures; and 
           (3) nature and amount of balances. 
           Sec. 27.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [SHORT TITLE; CONSTRUCTION; SEVERABILITY.] This 
        section may be cited as the Minnesota Citizens' Personal 
        Protection Act of 2003.  The legislature of the state of 
        Minnesota recognizes and declares that the second amendment of 
        the United States Constitution guarantees the fundamental, 
        individual right to keep and bear arms.  The provisions of this 
        section are declared to be necessary to accomplish compelling 
        state interests in regulation of those rights.  The terms of 
        this section must be construed according to the compelling state 
        interest test.  The invalidation of any provision of this 
        section shall not invalidate any other provision. 
           Sec. 28.  Minnesota Statutes 2002, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 23.  [EXCLUSIVITY.] This section sets forth the 
        complete and exclusive criteria and procedures for the issuance 
        of permits to carry and establishes their nature and scope.  No 
        sheriff, police chief, governmental unit, government official, 
        government employee, or other person or body acting under color 
        of law or governmental authority may change, modify, or 
        supplement these criteria or procedures, or limit the exercise 
        of a permit to carry. 
           Sec. 29.  [624.7142] [CARRYING WHILE UNDER THE INFLUENCE OF 
        ALCOHOL OR A CONTROLLED SUBSTANCE.] 
           Subdivision 1.  [ACTS PROHIBITED.] A person may not carry a 
        pistol on or about the person's clothes or person in a public 
        place: 
           (1) when the person is under the influence of a controlled 
        substance, as defined in section 152.01, subdivision 4; 
           (2) when the person is under the influence of a combination 
        of any two or more of the elements named in clauses (1) and (4); 
           (3) when the person is knowingly under the influence of any 
        chemical compound or combination of chemical compounds that is 
        listed as a hazardous substance in rules adopted under section 
        182.655 and that affects the nervous system, brain, or muscles 
        of the person so as to impair the person's clearness of 
        intellect or physical control; 
           (4) when the person is under the influence of alcohol; 
           (5) when the person's alcohol concentration is 0.10 or 
        more; or 
           (6) when the person's alcohol concentration is less than 
        0.10, but more than 0.04. 
           Subd. 2.  [ARREST.] A peace officer may arrest a person for 
        a violation under subdivision 1 without a warrant upon probable 
        cause, without regard to whether the violation was committed in 
        the officer's presence. 
           Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
        authorized under subdivision 2 to make arrests has reason to 
        believe that the person may be violating or has violated 
        subdivision 1, the officer may require the person to provide a 
        breath sample for a preliminary screening test using a device 
        approved by the commissioner of public safety for this purpose.  
        The results of the preliminary screening test must be used for 
        the purpose of deciding whether an arrest should be made under 
        this section and whether to require the chemical tests 
        authorized in section 624.7143, but may not be used in any court 
        action except:  (1) to prove that the test was properly required 
        of a person under section 624.7143, or (2) in a civil action 
        arising out of the use of the pistol.  Following the preliminary 
        screening test, additional tests may be required of the person 
        as provided under section 624.7143.  A person who refuses a 
        breath sample is subject to the provisions of section 624.7143 
        unless, in compliance with that section, the person submits to a 
        blood, breath, or urine test to determine the presence of 
        alcohol or a controlled substance. 
           Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
        subdivision 1, the admission of evidence of the amount of 
        alcohol or a controlled substance in the person's blood, breath, 
        or urine is governed by section 169A.45. 
           Subd. 5.  [SUSPENSION.] A person who is charged with a 
        violation under this section may have their authority to carry a 
        pistol in a public place on or about the person's clothes or 
        person under the provisions of a permit or otherwise suspended 
        by the court as a condition of release. 
           Subd. 6.  [PENALTIES.] (a) A person who violates a 
        prohibition under subdivision 1, clauses (1) to (5), is guilty 
        of a misdemeanor.  A second or subsequent violation is a gross 
        misdemeanor. 
           (b) A person who violates subdivision 1, clause (6), is 
        guilty of a misdemeanor. 
           (c) In addition to the penalty imposed under paragraph (a), 
        if a person violates subdivision 1, clauses (1) to (5), the 
        person's authority to carry a pistol in a public place on or 
        about the person's clothes or person under the provisions of a 
        permit or otherwise is revoked and the person may not reapply 
        for a period of one year from the date of conviction. 
           (d) In addition to the penalty imposed under paragraph (b), 
        if a person violates subdivision 1, clause (6), the person's 
        authority to carry a pistol in a public place on or about the 
        person's clothes or person under the provisions of a permit or 
        otherwise is suspended for 180 days from the date of conviction. 
           (e) Notwithstanding section 609.531, a firearm carried in 
        violation of subdivision 1, clause (6), is not subject to 
        forfeiture. 
           Subd. 7.  [REPORTING.] Suspensions and revocations under 
        this section must be reported in the same manner as in section 
        624.714, subdivision 12a. 
           Sec. 30.  [624.7143] [CHEMICAL TESTING.] 
           Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
        carries a pistol in a public place on or about the person's 
        clothes or person is required, subject to the provisions of this 
        section, to take or submit to a test of the person's blood, 
        breath, or urine for the purpose of determining the presence and 
        amount of alcohol or a controlled substance.  The test shall be 
        administered at the direction of an officer authorized to make 
        arrests under section 624.7142.  Taking or submitting to the 
        test is mandatory when requested by an officer who has probable 
        cause to believe the person was carrying a pistol in violation 
        of section 624.7142, and one of the following conditions exists: 
           (1) the person has been lawfully placed under arrest for 
        violating section 624.7142; 
           (2) the person has been involved while carrying a firearm 
        in a firearms-related accident resulting in property damage, 
        personal injury, or death; 
           (3) the person has refused to take the preliminary 
        screening test provided for in section 624.7142; or 
           (4) the screening test was administered and indicated an 
        alcohol concentration of 0.04 or more. 
           Subd. 2.  [PENALTIES; REFUSAL; REVOCATION.] (a) If a person 
        refuses to take a test required under subdivision 1, none must 
        be given but the officer shall report the refusal to the sheriff 
        and to the authority having responsibility for prosecution of 
        misdemeanor offenses for the jurisdiction in which the incident 
        occurred that gave rise to the test demand and refusal.  On 
        certification by the officer that probable cause existed to 
        believe the person had been carrying a pistol on or about the 
        person's clothes or person in a public place while under the 
        influence of alcohol or a controlled substance, and that the 
        person refused to submit to testing, a court may impose a civil 
        penalty of $500 and may revoke the person's authority to carry a 
        pistol in a public place on or about the person's clothes or 
        person under the provisions of a permit or otherwise for a 
        period of one year from the date of the refusal.  The person 
        shall be accorded notice and an opportunity to be heard prior to 
        imposition of the civil penalty or the revocation. 
           (b) Revocations under this subdivision must be reported in 
        the same manner as in section 624.714, subdivision 12a. 
           Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
        requested, the person must be informed that: 
           (1) Minnesota law requires a person to take a test to 
        determine if the person is under the influence of alcohol or a 
        controlled substance; 
           (2) if the person refuses to take the test, the person is 
        subject to a civil penalty of $500 and is prohibited for a 
        period of one year from carrying a pistol in a public place on 
        or about the person's clothes or person, as provided under 
        subdivision 2; and 
           (3) that the person has the right to consult with an 
        attorney, but that this right is limited to the extent it cannot 
        unreasonably delay administration of the test or the person will 
        be deemed to have refused the test. 
           Subd. 4.  [REQUIREMENT OF BLOOD OR URINE TEST.] 
        Notwithstanding subdivision 1, if there is probable cause to 
        believe there is impairment by a controlled substance that is 
        not subject to testing by a breath test, a blood or urine test 
        may be required even after a breath test has been administered. 
           Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
        under this section are governed by section 169A.51 in all 
        aspects that are not inconsistent with this section.  
           Sec. 31.  [APPROPRIATION.] 
           $1,071,000 is appropriated in fiscal year 2004 and $119,000 
        is appropriated in fiscal year 2005 from the general fund to the 
        commissioner of public safety to implement the provisions of 
        sections 1 to 30.  The unencumbered balance in the first year 
        does not cancel but is available for the second year. 
           Sec. 32.  [TEMPORARY FEE PROVISION.] 
           Notwithstanding Minnesota Statutes, section 624.714, 
        subdivision 3, paragraph (e), until July 1, 2004, the sheriff 
        must submit $21.50 to the commissioner of public safety for 
        deposit into the general fund for each permit application 
        submitted under Minnesota Statutes, section 624.714. 
           Sec. 33.  [GRANDFATHER CLAUSE.] 
           Permits to carry pistols issued prior to the effective date 
        of sections 1 to 30 remain in effect and are valid under the 
        terms of issuance until the date of expiration applicable at the 
        time of issuance.  However, a person holding a permit that was 
        issued prior to the effective date of sections 1 to 30 may 
        nevertheless apply for a permit under the terms and conditions 
        of sections 1 to 30. 
           Sec. 34.  [REVISOR'S INSTRUCTION.] 
           In Minnesota Statutes, sections 624.713 to 624.717, the 
        revisor of statutes shall change the term "commissioner of 
        public safety" to "commissioner" wherever the term appears. 
           Sec. 35.  [REPEALER.] 
           Minnesota Statutes 2002, section 624.714, subdivisions 1 
        and 5, are repealed. 
           Sec. 36.  [EFFECTIVE DATE.] 
           Sections 1 to 35 are effective 30 days after final 
        enactment and apply to crimes committed on or after that date, 
        except that the commissioner of public safety must promulgate 
        the list required under section 21 within 60 days of final 
        enactment.  The database required by section 20 must be 
        operational within 180 days of the effective date. 

                                   ARTICLE 3 
             LIFETIME BAN ON FIREARM POSSESSION FOR VIOLENT FELONS 
           Section 1.  Minnesota Statutes 2002, section 242.31, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 
        FIREARMS.] The order of discharge must provide that a person who 
        has been convicted of a crime of violence, as defined in section 
        624.712, subdivision 5, is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the person was restored to civil rights and during that time the 
        person was not convicted of any other crime of violence for the 
        remainder of the person's lifetime.  Any person who has received 
        such a discharge and who thereafter has received a relief of 
        disability under United States Code, title 18, section 925, or 
        whose ability to possess firearms has been restored under 
        section 609.165, subdivision 1d, shall not be subject to the 
        restrictions of this subdivision.  
           Sec. 2.  Minnesota Statutes 2002, section 260B.245, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EFFECT.] (a) No adjudication upon the 
        status of any child in the jurisdiction of the juvenile court 
        shall operate to impose any of the civil disabilities imposed by 
        conviction, nor shall any child be deemed a criminal by reason 
        of this adjudication, nor shall this adjudication be deemed a 
        conviction of crime, except as otherwise provided in this 
        section or section 260B.255.  An extended jurisdiction juvenile 
        conviction shall be treated in the same manner as an adult 
        felony criminal conviction for purposes of the sentencing 
        guidelines.  The disposition of the child or any evidence given 
        by the child in the juvenile court shall not be admissible as 
        evidence against the child in any case or proceeding in any 
        other court, except that an adjudication may later be used to 
        determine a proper sentence, nor shall the disposition or 
        evidence disqualify the child in any future civil service 
        examination, appointment, or application. 
           (b) A person who was adjudicated delinquent for, or 
        convicted as an extended jurisdiction juvenile of, a crime of 
        violence as defined in section 624.712, subdivision 5, is not 
        entitled to ship, transport, possess, or receive a firearm until 
        ten years have elapsed since the person was discharged and 
        during that time the person was not convicted of any other crime 
        of violence for the remainder of the person's lifetime.  A 
        person who has received a relief of disability under United 
        States Code, title 18, section 925, or whose ability to possess 
        firearms has been restored under section 609.165, subdivision 
        1d, is not subject to the restrictions of this subdivision.  
           Sec. 3.  Minnesota Statutes 2002, section 609.165, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
        FIREARMS.] The order of discharge must provide that a person who 
        has been convicted of a crime of violence, as defined in section 
        624.712, subdivision 5, is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the person was restored to civil rights and during that time the 
        person was not convicted of any other crime of violence for the 
        remainder of the person's lifetime.  Any person who has received 
        such a discharge and who thereafter has received a relief of 
        disability under United States Code, title 18, section 925, or 
        whose ability to possess firearms has been restored under 
        subdivision 1d, shall not be subject to the restrictions of this 
        subdivision.  
           Sec. 4.  Minnesota Statutes 2002, section 609.165, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
        been convicted of a crime of violence, as defined in section 
        624.712, subdivision 5, and who ships, transports, possesses, or 
        receives a firearm before ten years have elapsed since the 
        person was restored to civil rights, commits a felony and may be 
        sentenced to imprisonment for not more than 15 years or to 
        payment of a fine of not more than $30,000, or both.  
           (b) Nothing in this A conviction and sentencing under this 
        section shall be construed to bar a conviction and sentencing 
        for a violation of section 624.713, subdivision 2. 
           (c) The criminal penalty in paragraph (a) does not apply to 
        any person who has received a relief of disability under United 
        States Code, title 18, section 925, or whose ability to possess 
        firearms has been restored under subdivision 1d. 
           Sec. 5.  Minnesota Statutes 2002, section 609.165, is 
        amended by adding a subdivision to read: 
           Subd. 1d.  [JUDICIAL RESTORATION OF ABILITY TO POSSESS A 
        FIREARM BY A FELON.] A 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 firearms. 
           The court may grant the relief sought if the person shows 
        good cause to do so and the person has been released from 
        physical confinement. 
           If a petition is denied, the person may not file another 
        petition until three years have elapsed without the permission 
        of the court. 
           Sec. 6.  Minnesota Statutes 2002, section 609A.03, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
        expunging the record of a conviction for a crime of violence as 
        defined in section 624.712, subdivision 5, must provide that the 
        person is not entitled to ship, transport, possess, or receive a 
        firearm until ten years have elapsed since the order was entered 
        and during that time the person was not convicted of any other 
        crime of violence for the remainder of the person's lifetime.  
        Any person whose record of conviction is expunged under this 
        section and who thereafter receives a relief of disability under 
        United States Code, title 18, section 925, or whose ability to 
        possess firearms has been restored under section 609.165, 
        subdivision 1d, is not subject to the restriction in this 
        subdivision. 
           Sec. 7.  Minnesota Statutes 2002, section 624.712, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
        murder in the first, second, and third degrees, manslaughter in 
        the first and second degrees, aiding suicide, aiding attempted 
        suicide, felony violations of assault in the first, second, 
        third, and fourth degrees, assaults motivated by bias under 
        section 609.2231, subdivision 4, drive-by shootings, terroristic 
        threats, use of drugs to injure or to facilitate crime, crimes 
        committed for the benefit of a gang, commission of a crime while 
        wearing or possessing a bullet-resistant vest, simple robbery, 
        aggravated robbery, kidnapping, false imprisonment, criminal 
        sexual conduct in the first, second, third, and fourth degrees, 
        theft of a firearm, felony theft involving the intentional 
        taking or driving of a motor vehicle without the consent of the 
        owner or the authorized agent of the owner, felony theft 
        involving the taking of property from a burning, abandoned, or 
        vacant building, or from an area of destruction caused by civil 
        disaster, riot, bombing, or the proximity of battle, felony 
        theft involving the theft of a controlled substance, an 
        explosive, or an incendiary device, arson in the first and 
        second degrees, riot, burglary in the first, second, third, and 
        fourth degrees, harassment and stalking, shooting at a public 
        transit vehicle or facility, reckless use of a gun or dangerous 
        weapon, intentionally pointing a gun at or towards a human 
        being, setting a spring gun, and unlawfully owning, possessing, 
        operating a machine gun or short-barreled shotgun, and an 
        attempt to commit any of these offenses, as each of those 
        offenses is defined in chapter 609.  "Crime of violence" also 
        includes felony violations of the following:  malicious 
        punishment of a child; neglect or endangerment of a child; and 
        chapter 152. means:  felony convictions of the following 
        offenses:  sections 609.185 (murder in the first degree); 609.19 
        (murder in the second degree); 609.195 (murder in the third 
        degree); 609.20 (manslaughter in the first degree); 609.205 
        (manslaughter in the second degree); 609.215 (aiding suicide and 
        aiding attempted suicide); 609.221 (assault in the first 
        degree); 609.222 (assault in the second degree); 609.223 
        (assault in the third degree); 609.2231 (assault in the fourth 
        degree); 609.229 (crimes committed for the benefit of a gang); 
        609.235 (use of drugs to injure or facilitate crime); 609.24 
        (simple robbery); 609.245 (aggravated robbery); 609.25 
        (kidnapping); 609.255 (false imprisonment); 609.342 (criminal 
        sexual conduct in the first degree); 609.343 (criminal sexual 
        conduct in the second degree); 609.344 (criminal sexual conduct 
        in the third degree); 609.345 (criminal sexual conduct in the 
        fourth degree); 609.377 (malicious punishment of a child); 
        609.378 (neglect or endangerment of a child); 609.486 
        (commission of crime while wearing or possessing a 
        bullet-resistant vest); 609.52 (involving theft of a firearm, 
        theft involving the intentional taking or driving of a motor 
        vehicle without the consent of the owner or authorized agent of 
        the owner, theft involving the taking of property from a 
        burning, abandoned, or vacant building, or from an area of 
        destruction caused by civil disaster, riot, bombing, or the 
        proximity of battle, and theft involving the theft of a 
        controlled substance, an explosive, or an incendiary device); 
        609.561 (arson in the first degree); 609.562 (arson in the 
        second degree); 609.582, subdivision 1, 2, or 3 (burglary in the 
        first through third degrees); 609.66, subdivision 1e (drive-by 
        shooting); 609.67 (unlawfully owning, possessing, operating a 
        machine gun or short-barreled shotgun); 609.71 (riot); 609.713 
        (terroristic threats); 609.749 (harassment and stalking); 
        609.855, subdivision 5 (shooting at a public transit vehicle or 
        facility); and chapter 152 (drugs, controlled substances); and 
        an attempt to commit any of these offenses. 
           Sec. 8.  Minnesota Statutes 2002, section 624.713, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
        shall not be entitled to possess a pistol or semiautomatic 
        military-style assault weapon or, except for clause (a), any 
        other firearm: 
           (a) a person under the age of 18 years except that a person 
        under 18 may carry or possess a pistol or semiautomatic 
        military-style assault weapon (i) in the actual presence or 
        under the direct supervision of the person's parent or guardian, 
        (ii) for the purpose of military drill under the auspices of a 
        legally recognized military organization and under competent 
        supervision, (iii) for the purpose of instruction, competition, 
        or target practice on a firing range approved by the chief of 
        police or county sheriff in whose jurisdiction the range is 
        located and under direct supervision; or (iv) if the person has 
        successfully completed a course designed to teach marksmanship 
        and safety with a pistol or semiautomatic military-style assault 
        weapon and approved by the commissioner of natural resources; 
           (b) except as otherwise provided in clause (i), a person 
        who has been convicted of, or adjudicated delinquent or 
        convicted as an extended jurisdiction juvenile for committing, 
        in this state or elsewhere, a crime of violence unless ten years 
        have elapsed since the person has been restored to civil rights 
        or the sentence or disposition has expired, whichever occurs 
        first, and during that time the person has not been convicted of 
        or adjudicated for any other crime of violence.  For purposes of 
        this section, crime of violence includes crimes in other states 
        or jurisdictions which would have been crimes of violence as 
        herein defined if they had been committed in this state; 
           (c) a person who is or has ever been confined in Minnesota 
        or elsewhere as a person who is mentally ill, mentally retarded, 
        or mentally ill and dangerous to the public, as defined in 
        section 253B.02, to a treatment facility, or who has ever been 
        found incompetent to stand trial or not guilty by reason of 
        mental illness, unless the person possesses a certificate of a 
        medical doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof that the person is no longer suffering from 
        this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere of a misdemeanor or gross misdemeanor violation of 
        chapter 152, or a person who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as chemically 
        dependent as defined in section 253B.02, unless the person has 
        completed treatment.  Property rights may not be abated but 
        access may be restricted by the courts; 
           (f) a peace officer who is informally admitted to a 
        treatment facility pursuant to section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility.  Property 
        rights may not be abated but access may be restricted by the 
        courts; 
           (g) a person, including a person under the jurisdiction of 
        the juvenile court, who has been charged with committing a crime 
        of violence and has been placed in a pretrial diversion program 
        by the court before disposition, until the person has completed 
        the diversion program and the charge of committing the crime of 
        violence has been dismissed; 
           (h) except as otherwise provided in clause (i), a person 
        who has been convicted in another state of committing an offense 
        similar to the offense described in section 609.224, subdivision 
        3, against a family or household member or section 609.2242, 
        subdivision 3, unless three years have elapsed since the date of 
        conviction and, during that time, the person has not been 
        convicted of any other violation of section 609.224, subdivision 
        3, or 609.2242, subdivision 3, or a similar law of another 
        state; 
           (i) a person who has been convicted in this state or 
        elsewhere of assaulting a family or household member and who was 
        found by the court to have used a firearm in any way during 
        commission of the assault is prohibited from possessing any type 
        of firearm for the period determined by the sentencing court; or 
           (j) a person who: 
           (1) has been convicted in any court of a crime punishable 
        by imprisonment for a term exceeding one year; 
           (2) is a fugitive from justice as a result of having fled 
        from any state to avoid prosecution for a crime or to avoid 
        giving testimony in any criminal proceeding; 
           (3) is an unlawful user of any controlled substance as 
        defined in chapter 152; 
           (4) has been judicially committed to a treatment facility 
        in Minnesota or elsewhere as a person who is mentally ill, 
        mentally retarded, or mentally ill and dangerous to the public, 
        as defined in section 253B.02; 
           (5) is an alien who is illegally or unlawfully in the 
        United States; 
           (6) has been discharged from the armed forces of the United 
        States under dishonorable conditions; or 
           (7) has renounced the person's citizenship having been a 
        citizen of the United States.; or 
           (k) a person who has been convicted of the following 
        offenses at the gross misdemeanor level, unless three years have 
        elapsed since the date of conviction and, during that time, the 
        person has not been convicted of any other violation of these 
        sections:  section 609.229 (crimes committed for the benefit of 
        a gang); 609.2231, subdivision 4 (assaults motivated by bias); 
        609.255 (false imprisonment); 609.378 (neglect or endangerment 
        of a child); 609.582, subdivision 4 (burglary in the fourth 
        degree); 609.665 (setting a spring gun); 609.71 (riot); or 
        609.749 (harassment and stalking).  For purposes of this 
        paragraph, the specified gross misdemeanor convictions include 
        crimes committed in other states or jurisdictions which would 
        have been gross misdemeanors if conviction occurred in this 
        state. 
           A person who issues a certificate pursuant to this 
        subdivision in good faith is not liable for damages resulting or 
        arising from the actions or misconduct with a firearm committed 
        by the individual who is the subject of the certificate. 
           The prohibition in this subdivision relating to the 
        possession of firearms other than pistols and semiautomatic 
        military-style assault weapons does not apply retroactively to 
        persons who are prohibited from possessing a pistol or 
        semiautomatic military-style assault weapon under this 
        subdivision before August 1, 1994. 
           The lifetime prohibition on possessing, receiving, 
        shipping, or transporting firearms for persons convicted or 
        adjudicated delinquent of a crime of violence in clause (b), 
        applies only to offenders who are discharged from sentence or 
        court supervision for a crime of violence on or after August 1, 
        1993. 
           Sec. 9.  Minnesota Statutes 2002, section 624.713, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
        clause (a), who possesses a pistol or semiautomatic 
        military-style assault weapon is guilty of a felony and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both.  
           (b) A person named in subdivision 1, clause (b), who 
        possesses any type of firearm is guilty of a felony and may be 
        sentenced to imprisonment for not more than 15 years or to 
        payment of a fine of not more than $30,000, or both.  This 
        paragraph does not apply to any person who has received a relief 
        of disability under United States Code, title 18, section 925, 
        or whose ability to possess firearms has been restored under 
        section 609.165, subdivision 1d. 
           (c) A person named in any other clause of subdivision 1 who 
        possesses any type of firearm is guilty of a gross misdemeanor.  
           Sec. 10.  Minnesota Statutes 2002, section 624.713, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
        adjudicated delinquent or convicted as an extended jurisdiction 
        juvenile for committing, a crime of violence as defined in 
        section 624.712, subdivision 5, the court shall inform the 
        defendant that the defendant is prohibited from possessing a 
        pistol or semiautomatic military-style assault weapon for a 
        period of ten years after the person was restored to civil 
        rights or since the sentence or disposition has expired, 
        whichever occurs first the remainder of the person's lifetime, 
        and that it is a felony offense to violate this prohibition.  
        The failure of the court to provide this information to a 
        defendant does not affect the applicability of the pistol or 
        semiautomatic military-style assault weapon possession 
        prohibition or the felony penalty to that defendant. 
           (b) When a person, including a person under the 
        jurisdiction of the juvenile court, is charged with committing a 
        crime of violence and is placed in a pretrial diversion program 
        by the court before disposition, the court shall inform the 
        defendant that:  (1) the defendant is prohibited from possessing 
        a pistol or semiautomatic military-style assault weapon until 
        the person has completed the diversion program and the charge of 
        committing a crime of violence has been dismissed; (2) it is a 
        gross misdemeanor offense to violate this prohibition; and (3) 
        if the defendant violates this condition of participation in the 
        diversion program, the charge of committing a crime of violence 
        may be prosecuted.  The failure of the court to provide this 
        information to a defendant does not affect the applicability of 
        the pistol or semiautomatic military-style assault weapon 
        possession prohibition or the gross misdemeanor penalty to that 
        defendant. 
           Sec. 11.  Minnesota Statutes 2002, section 638.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  Any person, convicted of a crime in any court of 
        this state, who has served the sentence imposed by the court and 
        has been discharged of the sentence either by order of court or 
        by operation of law, may petition the board of pardons for the 
        granting of a pardon extraordinary.  Unless the board of pardons 
        expressly provides otherwise in writing by unanimous vote, the 
        application for a pardon extraordinary may not be filed until 
        the applicable time period in clause (1) or (2) has elapsed: 
           (1) if the person was convicted of a crime of violence as 
        defined in section 624.712, subdivision 5, ten years must have 
        elapsed since the sentence was discharged and during that time 
        the person must not have been convicted of any other crime; and 
           (2) if the person was convicted of any crime not included 
        within the definition of crime of violence under section 
        624.712, subdivision 5, five years must have elapsed since the 
        sentence was discharged and during that time the person must not 
        have been convicted of any other crime.  
        If the board of pardons determines that the person is of good 
        character and reputation, the board may, in its discretion, 
        grant the person a pardon extraordinary.  The pardon 
        extraordinary, when granted, has the effect of setting aside and 
        nullifying the conviction and of purging the person of it, and 
        the person shall never after that be required to disclose the 
        conviction at any time or place other than in a judicial 
        proceeding or as part of the licensing process for peace 
        officers. 
           The application for a pardon extraordinary, the proceedings 
        to review an application, and the notice requirements are 
        governed by the statutes and the rules of the board in respect 
        to other proceedings before the board.  The application shall 
        contain any further information that the board may require.  
           Unless the board of pardons expressly provides otherwise in 
        writing by unanimous vote, if the person was convicted of a 
        crime of violence, as defined in section 624.712, subdivision 5, 
        the pardon extraordinary must expressly provide that the pardon 
        does not entitle the person to ship, transport, possess, or 
        receive a firearm until ten years have elapsed since the 
        sentence was discharged and during that time the person was not 
        convicted of any other crime of violence. 
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1 to 11 are effective August 1, 2003.  The 
        provisions of sections 1 to 11 that impose a lifetime 
        prohibition on possessing, receiving, shipping, or transporting 
        firearms apply to persons who are discharged from sentence or 
        court supervision for a crime of violence on or after August 1, 
        1993. 
           Presented to the governor April 28, 2003 
           Signed by the governor April 28, 2003, 9:10 p.m.

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