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                            CHAPTER 83-S.F.No. 2259 
                  An act relating to public safety; reenacting the 
                  Minnesota Citizens' Personal Protection Act of 2003 
                  with certain amendments; recognizing the inherent 
                  right of law-abiding citizens to self-protection 
                  through the lawful use of self-defense; providing a 
                  system under which responsible, competent adults can 
                  exercise their right to self-protection by authorizing 
                  them to obtain a permit to carry a pistol; providing 
                  criminal penalties; amending Minnesota Statutes 2004, 
                  sections 609.66, subdivision 1d; 624.714, subdivisions 
                  1b, 2, 2a, 3, 8, 12, 17, as reenacted, by adding a 
                  subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [REENACTMENT OF PERSONAL PROTECTION ACT.] 
           Laws 2003, chapter 28, articles 2 and 3, are reenacted 
        effective retroactively and without interruption from April 28, 
        2003. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2004, section 609.66, 
        subdivision 1d, is amended to read: 
           Subd. 1d.  [POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) 
        Except as provided under paragraphs (c) and (e), whoever 
        possesses, stores, or keeps a dangerous weapon or uses or 
        brandishes a replica firearm or a BB gun while knowingly on 
        school property is guilty of a felony and may be sentenced to 
        imprisonment for not more than two years or to payment of a fine 
        of not more than $5,000, or both. 
           (b) Whoever possesses, stores, or keeps a replica firearm 
        or a BB gun on school property is guilty of a gross misdemeanor. 
           (c) Notwithstanding paragraph (a) or (b), it is a 
        misdemeanor for a person authorized to carry a firearm under the 
        provisions of a permit or otherwise to carry a firearm on or 
        about the person's clothes or person in a location the person 
        knows is school property.  Notwithstanding section 609.531, a 
        firearm carried in violation of this paragraph is not subject to 
        forfeiture. 
           (d) As used in this subdivision: 
           (1) "BB gun" means a device that fires or ejects a shot 
        measuring .18 of an inch or less in diameter; 
           (2) "dangerous weapon" has the meaning given it in section 
        609.02, subdivision 6; 
           (3) "replica firearm" has the meaning given it in section 
        609.713; and 
           (4) "school property" means: 
           (i) a public or private elementary, middle, or secondary 
        school building and its improved grounds, whether leased or 
        owned by the school; 
           (ii) a child care center licensed under chapter 245A during 
        the period children are present and participating in a child 
        care program; 
           (iii) the area within a school bus when that bus is being 
        used by a school to transport one or more elementary, middle, or 
        secondary school students to and from school-related activities, 
        including curricular, cocurricular, noncurricular, 
        extracurricular, and supplementary activities; and 
           (iv) that portion of a building or facility under the 
        temporary, exclusive control of a public or private school, a 
        school district, or an association of such entities where 
        conspicuous signs are prominently posted at each entrance that 
        give actual notice to persons of the school-related use. 
           (e) This subdivision does not apply to: 
           (1) active licensed peace officers,; 
           (2) military personnel, or students participating in 
        military training, who are on-duty, performing official duties; 
           (2) (3) persons authorized to carry a pistol under section 
        624.714 while in a motor vehicle or outside of a motor vehicle 
        to directly place a firearm in, or retrieve it from, the trunk 
        or rear area of the vehicle; 
           (3) (4) persons who keep or store in a motor vehicle 
        pistols in accordance with section 624.714 or 624.715 or other 
        firearms in accordance with section 97B.045; 
           (4) (5) firearm safety or marksmanship courses or 
        activities conducted on school property; 
           (5) (6) possession of dangerous weapons, BB guns, or 
        replica firearms by a ceremonial color guard; 
           (6) (7) a gun or knife show held on school property; 
           (7) (8) possession of dangerous weapons, BB guns, or 
        replica firearms with written permission of the principal or 
        other person having general control and supervision of the 
        school or the director of a child care center; or 
           (8) (9) persons who are on unimproved property owned or 
        leased by a child care center, school, or school district unless 
        the person knows that a student is currently present on the land 
        for a school-related activity. 
           (f) Notwithstanding section 471.634, a school district or 
        other entity composed exclusively of school districts may not 
        regulate firearms, ammunition, or their respective components, 
        when possessed or carried by nonstudents or nonemployees, in a 
        manner that is inconsistent with this subdivision. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  Minnesota Statutes 2004, section 624.714, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 
        a permit to carry must have the permit card and a driver's 
        license, state identification card, or other government-issued 
        photo identification in immediate possession at all times when 
        carrying a pistol and must display the permit card and 
        identification document upon lawful demand by a peace officer, 
        as defined in section 626.84, subdivision 1.  A violation of 
        this paragraph is a petty misdemeanor.  The fine for a first 
        offense must not exceed $25.  Notwithstanding section 609.531, a 
        firearm carried in violation of this paragraph is not subject to 
        forfeiture. 
           (b) A citation issued for violating paragraph (a) must be 
        dismissed if the person demonstrates, in court or in the office 
        of the arresting officer, that the person was authorized to 
        carry the pistol at the time of the alleged violation. 
           (c) Upon the request of a peace officer, a permit holder 
        must write a sample signature in the officer's presence to aid 
        in verifying the person's identity. 
           (d) Upon the request of a peace officer, a permit holder 
        shall disclose to the officer whether or not the permit holder 
        is currently carrying a firearm. 
           Sec. 4.  Minnesota Statutes 2004, section 624.714, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
        PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
        residents for permits to carry shall be made to the county 
        sheriff where the applicant resides.  Nonresidents, as defined 
        in section 171.01, subdivision 42, may apply to any sheriff. 
           (b) Unless a sheriff denies a permit under the exception 
        set forth in subdivision 6, paragraph (a), clause (3), a sheriff 
        must issue a permit to an applicant if the person: 
           (1) has training in the safe use of a pistol; 
           (2) is at least 21 years old and a citizen or a permanent 
        resident of the United States; 
           (3) completes an application for a permit; 
           (4) is not prohibited from possessing a firearm under the 
        following sections: 
           (i) 518B.01, subdivision 14; 
           (ii) 609.224, subdivision 3; 
           (iii) 609.2242, subdivision 3; 
           (iv) 609.749, subdivision 8; 
           (v) 624.713; 
           (vi) 624.719; 
           (vii) 629.715, subdivision 2; or 
           (viii) 629.72, subdivision 2; or 
           (ix) any federal law; and 
           (5) is not listed in the criminal gang investigative data 
        system under section 299C.091. 
           (c) A permit to carry a pistol issued or recognized under 
        this section is a state permit and is effective throughout the 
        state. 
           (d) A sheriff may contract with a police chief to process 
        permit applications under this section.  If a sheriff contracts 
        with a police chief, the sheriff remains the issuing authority 
        and the police chief acts as the sheriff's agent.  If a sheriff 
        contracts with a police chief, all of the provisions of this 
        section will apply. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  Minnesota Statutes 2004, section 624.714, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
        applicant must present evidence that the applicant received 
        training in the safe use of a pistol within one year of the date 
        of an original or renewal application.  Training may be 
        demonstrated by: 
           (1) employment as a peace officer in the state of Minnesota 
        within the past year; or 
           (2) completion of a firearms safety or training course 
        providing basic training in the safe use of a pistol and 
        conducted by a certified instructor. 
           (b) Basic training must include: 
           (1) instruction in the fundamentals of pistol use; 
           (2) successful completion of an actual shooting 
        qualification exercise; and 
           (3)  instruction in the fundamental legal aspects of pistol 
        possession, carry, and use, including self-defense and the 
        restrictions on the use of deadly force. 
           (c) The certified instructor must issue a certificate to a 
        person who has completed a firearms safety or training course 
        described in paragraph (b).  The certificate must be signed by 
        the instructor and attest that the person attended and completed 
        the course. 
           (d) A person qualifies as a certified instructor if the 
        person is certified as a firearms instructor within the past 
        five years by: 
           (1) the Bureau of Criminal Apprehension, Training and 
        Development Section; 
           (2) the Minnesota Association of Law Enforcement Firearms 
        Instructors; 
           (3) the National Rifle Association; 
           (4) the American Association of Certified Firearms 
        Instructors; 
           (5) the Peace Officer Standards and Training Board of this 
        state or a similar agency of another state that certifies 
        firearms instructors; or 
           (6) the Department of Public Safety of this state or a 
        similar agency of another state that certifies firearms 
        instructors an organization or government entity that has been 
        approved by the Department of Public Safety in accordance with 
        the department's standards. 
           (d) (e) A sheriff must accept the training described in 
        this subdivision as meeting the requirement in subdivision 2, 
        paragraph (b), for training in the safe use of a pistol.  A 
        sheriff may also accept other satisfactory evidence of training 
        in the safe use of a pistol. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment, except for the changes made in 
        paragraph (d), which are effective October 1, 2005. 
           Sec. 6.  Minnesota Statutes 2004, section 624.714, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FORM AND CONTENTS OF APPLICATION.] (a) 
        Applications for permits to carry must be an official, 
        standardized application form, adopted under section 624.7151, 
        and must set forth in writing only the following information: 
           (1) the applicant's name, residence, telephone number, if 
        any, and driver's license number or state identification card 
        number; 
           (2) the applicant's sex, date of birth, height, weight, and 
        color of eyes and hair, and distinguishing physical 
        characteristics, if any; 
           (3) the township or statutory city or home rule charter 
        city, and county, of all states of residence Minnesota 
        residences of the applicant in the last ten five years, though 
        not including specific addresses; 
           (4) the township or city, county, and state of all 
        non-Minnesota residences of the applicant in the last five 
        years, though not including specific addresses; 
           (5) a statement that the applicant authorizes the release 
        to the sheriff of commitment information about the applicant 
        maintained by the commissioner of human services or any similar 
        agency or department of another state where the applicant has 
        resided, to the extent that the information relates to the 
        applicant's eligibility to possess a firearm; and 
           (5) (6) a statement by the applicant that, to the best of 
        the applicant's knowledge and belief, the applicant is not 
        prohibited by law from possessing a firearm. 
           (b) The statement under paragraph (a), clause (4) (5), must 
        comply with any applicable requirements of Code of Federal 
        Regulations, title 42, sections 2.31 to 2.35, with respect to 
        consent to disclosure of alcohol or drug abuse patient records. 
           (c) An applicant must submit to the sheriff an application 
        packet consisting only of the following items: 
           (1) a completed application form, signed and dated by the 
        applicant; 
           (2) an accurate photocopy of a the certificate, affidavit, 
        or other document described in subdivision 2a, paragraph (c), 
        that is submitted as the applicant's evidence of training in the 
        safe use of a pistol; and 
           (3) an accurate photocopy of the applicant's current 
        driver's license, state identification card, or the photo page 
        of the applicant's passport. 
           (d) In addition to the other application materials, a 
        person who is otherwise ineligible for a permit due to a 
        criminal conviction but who has obtained a pardon or expungement 
        setting aside the conviction, sealing the conviction, or 
        otherwise restoring applicable rights, must submit a copy of the 
        relevant order. 
           (e) Applications must be submitted in person. 
           (f) The sheriff may charge a new application processing fee 
        in an amount not to exceed the actual and reasonable direct cost 
        of processing the application or $100, whichever is less.  Of 
        this amount, $10 must be submitted to the commissioner and 
        deposited into the general fund. 
           (g) This subdivision prescribes the complete and exclusive 
        set of items an applicant is required to submit in order to 
        apply for a new or renewal permit to carry.  The applicant must 
        not be asked or required to submit, voluntarily or 
        involuntarily, any information, fees, or documentation beyond 
        that specifically required by this subdivision.  This paragraph 
        does not apply to alternate training evidence accepted by the 
        sheriff under subdivision 2a, paragraph (d). 
           (h) Forms for new and renewal applications must be 
        available at all sheriffs' offices and the commissioner must 
        make the forms available on the Internet. 
           (i) Application forms must clearly display a notice that a 
        permit, if granted, is void and must be immediately returned to 
        the sheriff if the permit holder is or becomes prohibited by law 
        from possessing a firearm.  The notice must list the applicable 
        state criminal offenses and civil categories that prohibit a 
        person from possessing a firearm. 
           (j) Upon receipt of an application packet and any required 
        fee, the sheriff must provide a signed receipt indicating the 
        date of submission. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 7.  Minnesota Statutes 2004, section 624.714, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
        is void and must be revoked at the time that the holder becomes 
        prohibited by law from possessing a firearm, in which event the 
        holder must return the permit card to the issuing sheriff within 
        five business days after the holder knows or should know that 
        the holder is a prohibited person.  If a permit is revoked the 
        sheriff has knowledge that a permit is void under this 
        subdivision paragraph, 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 the permit, if it is available, and send it to the issuing 
        sheriff. 
           (c) The sheriff of the county where the application was 
        submitted, or of the county of the permit holder's current 
        residence, may file a petition with the district court therein, 
        for an order revoking a permit to carry on the grounds set forth 
        in subdivision 6, paragraph (a), clause (3).  An order shall be 
        issued only if the sheriff meets the burden of proof and 
        criteria set forth in subdivision 12.  If the court denies the 
        petition, the court must award the permit holder reasonable 
        costs and expenses, including attorney fees. 
           (d) A permit revocation must be promptly reported to the 
        issuing sheriff. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 8.  Minnesota Statutes 2004, section 624.714, 
        subdivision 12, is amended to read: 
           Subd. 12.  [HEARING UPON DENIAL OR REVOCATION.] (a) Any 
        person aggrieved by denial or revocation of a permit to carry 
        may appeal by petition to the district court having jurisdiction 
        over the county or municipality where the application was 
        submitted.  The petition must list the sheriff as the 
        respondent.  The district court must hold a hearing at the 
        earliest practicable date and in any event no later than 60 days 
        following the filing of the petition for review.  The court may 
        not grant or deny any relief before the completion of the 
        hearing.  The record of the hearing must be sealed.  The matter 
        must be heard de novo without a jury. 
           (b) The court must issue written findings of fact and 
        conclusions of law regarding the issues submitted by the 
        parties.  The court must issue its writ of mandamus directing 
        that the permit be issued and order other appropriate relief 
        unless the sheriff establishes by clear and convincing evidence: 
           (1) that the applicant is disqualified under the criteria 
        described in subdivision 2, paragraph (b); or 
           (2) that there exists a substantial likelihood that the 
        applicant is a danger to self or the public if authorized to 
        carry a pistol under a permit.  Incidents of alleged criminal 
        misconduct that are not investigated and documented, and 
        incidents for which the applicant was charged and acquitted, may 
        not be considered.  
           (c) If an applicant is denied a permit on the grounds that 
        the applicant is listed in the criminal gang investigative data 
        system under section 299C.091, the person may challenge the 
        denial, after disclosure under court supervision of the reason 
        for that listing, based on grounds that the person: 
           (1) was erroneously identified as a person in the data 
        system; 
           (2) was improperly included in the data system according to 
        the criteria outlined in section 299C.091, subdivision 2, 
        paragraph (b); or 
           (3) has demonstrably withdrawn from the activities and 
        associations that led to inclusion in the data system. 
           (d) If the court grants a petition brought under paragraph 
        (a), the court must award the applicant or permit holder 
        reasonable costs and expenses including attorney fees. 
           Sec. 9.  Minnesota Statutes 2004, section 624.714, 
        subdivision 17, as reenacted by section 1, is amended to read: 
           Subd. 17.  [POSTING; TRESPASS.] (a) A person carrying a 
        firearm on or about his or her person or clothes under a permit 
        or otherwise who remains at a private establishment knowing that 
        the operator of the establishment or its agent has made a 
        reasonable request that firearms not be brought into the 
        establishment may be ordered to leave the premises.  A person 
        who fails to leave when so requested is guilty of a petty 
        misdemeanor.  The fine for a first offense must not exceed $25.  
        Notwithstanding section 609.531, a firearm carried in violation 
        of this subdivision is not subject to forfeiture. 
           (b) As used in this subdivision, the terms in this 
        paragraph have the meanings given. 
           (1) "Reasonable request" means a request made under the 
        following circumstances: 
           (i) the requester has prominently posted a conspicuous sign 
        at every entrance to the establishment containing the following 
        language:  "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 
        PREMISES."; and or 
           (ii) the requester or its the requester's agent personally 
        informs the person of the posted request that guns are 
        prohibited in the premises and demands compliance. 
           (2) "Prominently" means readily visible and within four 
        feet laterally of the entrance with the bottom of the sign at a 
        height of four to six feet above the floor. 
           (3) "Conspicuous" means lettering in black arial typeface 
        at least 1-1/2 inches in height against a bright contrasting 
        background that is at least 187 square inches in area. 
           (4) "Private establishment" means a building, structure, or 
        portion thereof that is owned, leased, controlled, or operated 
        by a nongovernmental entity for a nongovernmental purpose.  
           (c) The owner or operator of a private establishment may 
        not prohibit the lawful carry or possession of firearms in a 
        parking facility or parking area. 
           (d) This subdivision does not apply to private residences.  
        The lawful possessor of a private residence may prohibit 
        firearms, and provide notice thereof, in any lawful manner. 
           (e) A landlord may not restrict the lawful carry or 
        possession of firearms by tenants or their guests. 
           (f) Notwithstanding any inconsistent provisions in section 
        609.605, this subdivision sets forth the exclusive criteria to 
        notify a permit holder when otherwise lawful firearm possession 
        is not allowed in a private establishment and sets forth the 
        exclusive penalty for such activity. 
           (g) This subdivision does not apply to:  
           (1) an on-duty active licensed peace officer; or 
           (2) a security guard acting in the course and scope of 
        employment. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 10.  Minnesota Statutes 2004, section 624.714, is 
        amended by adding a subdivision to read: 
           Subd. 24.  [PREDATORY OFFENDERS.] Except when acting under 
        the authority of other law, it is a misdemeanor for a person 
        required to register by section 243.166 to carry a pistol 
        whether or not the carrier possesses a permit to carry issued 
        under this section.  If an action prohibited by this subdivision 
        is also a violation of another law, the violation may be 
        prosecuted under either law. 
           Sec. 11.  [ADOPTION OF STANDARDS.] 
           By October 1, 2005, the Department of Public Safety shall 
        adopt and publish minimum standards that organizations and 
        government entities must meet to certify individuals as 
        certified firearms instructors under Minnesota Statutes, section 
        624.714, subdivision 2a, paragraph (d).  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 20, 2005 
           Signed by the governor May 24, 2005, 2:45 p.m.

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