Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes