2006 Minnesota Statutes

CHAPTER 624. CRIMES, OTHER PROVISIONS

624.01 [Repealed, 1995 c 186 s 103]

624.02 [Repealed, 1985 c 212 s 27]

624.03 [Repealed, 1995 c 186 s 103]

624.031 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

624.04 [Repealed, 2005 c 136 art 14 s 21]

FIREWORKS

624.20 FIREWORKS.
    Subdivision 1. Regulation. (a) As used in sections 624.20 to 624.25, the term "fireworks"
means any substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and
includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of
balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman
candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of
like construction, and any fireworks containing any explosive or inflammable compound, or any
tablets or other device containing any explosive substance and commonly used as fireworks.
(b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used and toy pistol caps which
contain less than 20/100 grains of explosive mixture.
(c) The term also does not include wire or wood sparklers of not more than 100 grams of
mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75
grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes,
snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers,
party poppers, string poppers, snappers, and drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not
permitted on public property. This paragraph does not authorize the purchase of items listed in it
by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph
must be verified by photographic identification.
(d) A local unit of government may impose an annual license fee for the retail sale of items
authorized under paragraph (c). The annual license fee of each retail seller that is in the business
of selling only the items authorized under paragraph (c) may not exceed $350, and the annual
license of each other retail seller may not exceed $100. A local unit of government may not:
(1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail
sale of items authorized under paragraph (c);
(2) prohibit or restrict the display of items for permanent or temporary retail sale authorized
under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003
edition); or
(3) impose on a retail seller any financial guarantee requirements, including bonding or
insurance provisions, containing restrictions or conditions not imposed on the same basis on
all other business licensees.
    Subd. 2. Explosive fireworks. As used in sections 624.20 to 624.25, the term "explosive
fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black
powder, or any other explosive compound constructed to produce detonation or deflagration.
History: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1; 2003 c 128 art 15 s 6

624.21 SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.
Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any
person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or
explode any fireworks. This section shall not be construed to prohibit the possession, use, or
explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a
person under the engineer's direct supervision when undertaking acoustical testing; or sales at
wholesale to those persons holding valid permits for a fireworks display from a governmental
subdivision of the state; or sales outside the state or sales to licensed professional engineers
for acoustical testing purposes only.
History: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17

624.22 FIREWORKS DISPLAYS; PERMIT; OPERATOR CERTIFICATION.
    Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to
624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city,
fair association, amusement park, or other organization, except that:
(1) a fireworks display may be conducted only when supervised by an operator certified by
the state fire marshal; and
(2) a fireworks display must either be given by a municipality or fair association within
its own limits, or by any other organization, whether public or private, only after a permit for
the display has first been secured.
(b) An application for a permit for an outdoor fireworks display must be made in writing
to the municipal clerk at least 15 days in advance of the date of the display and must list the
name of an operator who is certified by the state fire marshal and will supervise the display.
The application must be promptly referred to the chief of the fire department, who shall make
an investigation to determine whether the operator of the display is competent and is certified
by the state fire marshal, and whether the display is of such a character and is to be so located,
discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief
shall report the results of this investigation to the clerk. If the fire chief reports that the operator is
certified, that in the chief's opinion the operator is competent, and that the fireworks display as
planned will conform to the safety guidelines of the state fire marshal provided for in paragraph
(f), the clerk shall issue a permit for the display when the applicant pays a permit fee.
(c) When the supervised outdoor fireworks display for which a permit is sought is to be held
outside the limits of an incorporated municipality, the application must be made to the county
auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk
of the municipality. When an application is made to the auditor, the county sheriff shall perform
the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25.
(d) An application for an indoor fireworks display permit must be made in writing to the
state fire marshal by the operator of the facility in which the display is to occur at least 15 days
in advance of the date of any performance, show, or event which will include the discharge of
fireworks inside a building or structure. The application must list the name of an operator who is
certified by the state fire marshal and will supervise the display. The state fire marshal shall make
an investigation to determine whether the operator of the display is competent and is properly
certified and whether the display is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any person. If the state fire marshal
determines that the operator is certified and competent, that the indoor fireworks display as
planned will conform to the safety guidelines provided for in paragraph (f), and that adequate
notice will be given to inform patrons of the indoor fireworks display, the state fire marshal
shall issue a permit for the display when the applicant pays an indoor fireworks fee of $150 and
reimburses the fire marshal for costs of inspection. Receipts from the indoor fireworks fee and
inspection reimbursements must be deposited in the general fund as a nondedicated receipt. The
state fire marshal may issue a single permit for multiple indoor fireworks displays when all of
the displays are to take place at the same venue as part of a series of performances by the same
performer or group of performers. A copy of the application must be promptly conveyed to the
chief of the local fire department, who shall make appropriate preparations to ensure public safety
in the vicinity of the display. The operator of a facility where an indoor fireworks display occurs
must provide notice in a prominent place as approved by the state fire marshal to inform patrons
attending a performance when indoor fireworks will be part of that performance. The state fire
marshal may grant a local fire chief the authority to issue permits for indoor fireworks displays.
Before issuing a permit, a local fire chief must make the determinations required in this paragraph.
(e) After a permit has been granted under either paragraph (b) or (d), sales, possession,
use and distribution of fireworks for a display are lawful for that purpose only. A permit is not
transferable.
(f) The state fire marshal shall adopt and disseminate to political subdivisions rules
establishing guidelines on fireworks display safety that are consistent with sections 624.20 to
624.25 and the most recent edition of the State Fire Code, to insure that fireworks displays are
given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt
the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other
limited purposes, as determined by the state fire marshal.
    Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator
of a fireworks display shall meet the requirements of this subdivision before the applicant is
certified by the state fire marshal.
(b) An applicant must be at least 21 years old.
(c) An applicant must have completed a written examination, administered or approved by
the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal
must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the
applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe
practices for the discharge and display of fireworks.
(d) An applicant shall apply in writing to the state fire marshal by completing and signing an
application form provided by the state fire marshal.
(e) An applicant shall submit evidence of experience, which must include active participation
as an assistant or operator in the performance of at least five fireworks displays, at least one of
which must have occurred in the current or preceding year.
    Subd. 3. Certification application; fee. An applicant shall submit a completed initial
application form including references and evidence of experience and successful completion of
the written examination. Applicants shall pay a certification fee of $100 to the State Fire Marshal
Division of the Department of Public Safety. The state fire marshal shall review the application
and send to the applicant written confirmation or denial of certification within 30 days of receipt
of the application. Certification is valid for a period of four years from the date of issuance.
    Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3,
the state fire marshal shall certify and classify the operator for supervising proximate audience
displays, including indoor fireworks displays, for supervising traditional outdoor fireworks
displays, or for supervising both types of displays, based on the operator's documented experience.
    Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks
display is organized and operated in accordance with the state fire marshal's guidelines described
in subdivision 1.
    Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire
marshal within ten days following a fireworks display conducted by the operator if any of the
following occurred:
(1) an injury to any person resulting from the display of fireworks;
(2) a fire or damage to property resulting from the display of fireworks; or
(3) an unsafe or defective pyrotechnic product or equipment was used or observed.
(b) The certified operator shall submit a written report to the state fire marshal within 30 days
following any other fireworks displays supervised by the operator.
(c) The state fire marshal may require other information from operators relating to fireworks
displays.
    Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal
application form prepared and provided by the state fire marshal, which must include at least
the dates, locations, and authorities issuing the permits for at least three fireworks displays
participated in or supervised by the applicant and conducted during the past four years. An
applicant shall pay a certification renewal fee of $100 to the State Fire Marshal Division of the
Department of Public Safety. The state fire marshal shall review the application and send to the
applicant written confirmation or denial of certification renewal within 30 days of receipt of the
application. Certification is valid for a period of four years from the date of issuance.
    Subd. 8. Suspension, revocation, or refusal to renew certification. (a) The state fire
marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has:
(1) submitted a fraudulent application;
(2) caused or permitted a fire or safety hazard to exist or occur during the storage,
transportation, handling, preparation, or use of fireworks;
(3) conducted a display of fireworks without receipt of a permit required by the state or a
political subdivision;
(4) conducted a display of fireworks with assistants who were not at least 18 years of age,
properly instructed, and continually supervised; or
(5) otherwise failed to comply with any federal or state law or regulation, or the guidelines,
relating to fireworks.
(b) Any person aggrieved by a decision made by the state fire marshal under this subdivision
may petition the state fire marshal in writing to reconsider the decision. The state fire marshal shall
render a decision in writing within 30 days of receipt of the written request for reconsideration.
Following reconsideration, the person may appeal the decision to the district court.
    Subd. 9. Database. The commissioner of public safety shall maintain a database of the
information required under this section for purposes of (1) law enforcement, (2) investigative
inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of
information relative to fireworks displays.
History: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4
s 23; 1997 c 187 art 1 s 23; 1Sp2003 c 2 art 4 s 28; 2005 c 136 art 9 s 13; 2006 c 260 art 3 s 24

624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.
Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to:
(a) the holders of a federal explosives license or permit issued pursuant to United States
Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with
the conditions of licensure; or
(b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of
issuance until 20 days after the date of exhibition authorized by the permit, when the holder or
agent is acting in compliance with the conditions of the permit and section 624.22.
History: 1988 c 584 s 4

624.23 CONSTRUCTION OF SECTIONS 624.20 TO 624.25.
Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler,
dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or
the possession or sale of any kind of fireworks for shipment directly out of the state; or the
possession or use of fireworks by airplanes and railroads, or other transportation agencies for
signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show
or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military
organizations or for use as a bird or animal repelling device.
History: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5

624.24 OFFICERS MAY SEIZE ILLEGAL FIREWORKS.
The state fire marshal, or any sheriff, police officer, or local fire marshal, shall seize,
take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or
combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.
History: 1941 c 125 s 5; 2005 c 10 art 2 s 4

624.25 VIOLATION.
Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as
follows:
(1) if the violation involves explosive fireworks in an amount of 35 pounds gross container
weight or more, to imprisonment for not more than one year, or to payment of a fine of not
more than $3,000, or both;
(2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross
container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more
than $1,000, or both; and
(3) if the violation involves any amount of fireworks other than explosive fireworks, to
imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
History: 1941 c 125 s 6; 1988 c 584 s 6; 2004 c 228 art 1 s 72

TOKENS, CHECKS AND SLUGS

624.30 MANUFACTURE AND DISTRIBUTION OF TOKENS, WHEN PROHIBITED.
The manufacture, sale, offering for sale, advertising for sale, or distribution of tokens,
checks, or slugs similar in size and shape to lawful coin of the United States with knowledge or
reason to believe that such tokens, checks, or slugs may be used in substitution for any such
lawful coin in any vending machine, parking meter, service meter, coin box telephone, or other
coin receptacle designed to receive or be operated only by lawful coin of the United States in
connection with the sale, use, or enjoyment of property, privilege, or service, is hereby prohibited.
History: 1941 c 132 s 1

624.31 RESTRICTIONS AS TO SIZE OF TOKENS.
No person shall manufacture, sell, or offer for sale or distribute any checks, tokens, or slugs
unless they shall be either five percent larger or five percent smaller in diameter than any lawful
coin of the United States.
History: 1941 c 132 s 2

624.32 KNOWLEDGE OF ILLEGAL USE PRESUMED.
In the trial of a defendant for violation of the provisions of sections 624.30 to 624.33,
knowledge or reason to believe, within the meaning thereof, shall be deemed to exist upon the
presentation of proof to the court that any county attorney, sheriff, or chief of police in the state,
or a deputy or delegate of such officer, has given written notice to the defendant that tokens,
checks, or slugs of the kind manufactured, sold, offered for sale, advertised for sale, or distributed
by the defendant are being used in substitution for lawful coin in the operation of any such coin
receptacle or machine; provided that such notice shall have been given prior to the time of the
manufacture, sale, offering for sale, advertising for sale, or distribution of such tokens, checks, or
slugs for which the defendant is being tried.
History: 1941 c 132 s 3; 1986 c 444

624.33 VIOLATION A MISDEMEANOR.
Any person, firm, or corporation violating the provisions of sections 624.30 to 624.32 shall
be guilty of a misdemeanor.
History: 1941 c 132 s 4

624.42 [Repealed, 1989 c 10 s 1]

624.43 [Repealed, 1989 c 10 s 1]

624.44 [Repealed, 1989 c 10 s 1]

624.45 [Repealed, 1989 c 10 s 1]

624.46 [Repealed, 1989 c 10 s 1]

624.47 [Repealed, 1989 c 10 s 1]

624.48 [Repealed, 1989 c 10 s 1]

624.49 [Repealed, 1989 c 10 s 1]

624.50 [Repealed, 1989 c 10 s 1]

624.51 [Repealed, 1989 c 10 s 1]

624.52 [Repealed, 1989 c 10 s 1]

624.53 [Repealed, 1989 c 10 s 1]

624.54 [Repealed, 1989 c 10 s 1]

MISCELLANEOUS

624.61 ARMED ASSOCIATION.
It shall not be lawful for any body of persons, other than the National Guard, troops of the
United States and, with the consent of the governor, sons and daughters of veterans and cadets
of educational institutions where military science is taught, to associate themselves together as
a military company with arms, but members of social and benevolent organizations are not
prohibited from wearing swords. Any violation of this section shall be a misdemeanor.
History: (10533) RL s 5195; 1986 c 444

624.62 BOARDING MOVING ENGINES OR CARS.
It shall be unlawful for any person, other than a passenger or employee, to get on or off,
or attempt to get on or off, or to swing on, or hang on from the outside of, any engine or car or
any electric motor or street car upon any railway or track, while the engine, car, motor, or street
car is in motion, or switching or being switched. Every person who violates this section shall be
punished by a fine of not more than $10, and any sheriff or police officer finding any person
in the act of violating this section shall arrest, take before a proper court, and make a verified
complaint against the person for the violation.
History: (10507) RL s 5178; 1983 c 359 s 93; 1986 c 444; 2005 c 10 art 2 s 4

624.63 DANGEROUS EXHIBITIONS.
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground, or
building, who shall use or allow it to be used for the exhibition of skill in throwing any sharp
instrument at or toward any human being, or who shall aim or discharge, or allow to be aimed
or discharged, at or toward any human being, any bowgun, pistol, or firearm of any description,
shall be guilty of a misdemeanor.
History: (10266) RL s 5004

624.64 ACROBATIC EXHIBITIONS.
Every proprietor, occupant, or lessee of any place where acrobatic exhibitions are held, who
shall permit any person to perform on any trapeze, rope, pole, or other acrobatic contrivance,
without network, or other sufficient means of protection from falling or other accident, is guilty of
a gross misdemeanor.
History: (10267) RL s 5005; 2005 c 10 art 3 s 22

624.65 [Repealed, 2001 c 20 s 1]

624.66 [Repealed, 2001 c 22 s 2]

624.67 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE
REPRESENTATION AS TO BREED.
Every person who by any false pretense shall obtain from any club, association, society, or
company for the improvement of the breed of cattle, horses, sheep, swine, fowls, or other domestic
animals, or birds, a certificate of registration of any animal in the herd, or other register of any
such association, society, or company, or a transfer of any such registration, and every person who
shall knowingly represent any animal used for breeding purposes to be of a greater degree of any
particular strain of blood than such animal actually possesses, is guilty of a gross misdemeanor.
History: (10338) RL s 5064; 2005 c 10 art 3 s 23

624.68 RECEIVING DEPOSIT IN INSOLVENT BANKS OR FINANCIAL
ORGANIZATIONS.
Every officer, director, agent, or employee of any banking organization or financial
organization as defined in section 345.31 and every person, company, and corporation engaged in
whole or in part, in business as a banking organization or financial organization, who shall accept
or receive on deposit from any person, any money, bank bills, notes, currency, checks, bills,
drafts, or paper circulating as money, knowing or, in the case of officers or directors, having good
reason to know that such banking organization or financial organization is insolvent, and every
person knowing of such insolvent condition who shall be accessory to, or permit, or connive at
the accepting or receiving on deposit therein any such deposits, shall be guilty of a felony and
punished by imprisonment in the Minnesota Correctional Facility-Stillwater for not less than one
year nor more than five years or by a fine of not less than $1,000 nor more than $20,000.
History: (10407) RL s 5118; 1965 c 356 s 1; 1971 c 25 s 96; 1979 c 102 s 13; 1984 c
628 art 3 s 11; 2004 c 228 art 1 s 72

624.69 OBSTRUCTING PUBLIC LEVEES.
It shall be unlawful for any houseboat, or other craft not used for the transportation of
freight or passengers, to moor to or lay at the public levee of any city, or town, on the navigable
waters of this state, where it will interfere with, inconvenience, or endanger the landing of any
freight, passenger, or towing vessel. Every owner or person in charge of any such boat or craft,
upon notice by the police of any city, or town, or the owner or agent of any freight, passenger, or
towing craft, that it is obstructing the levee, interfering with, inconveniencing, or endangering
the landing of any freight, passenger, or towing vessel, shall immediately cause the same to be
removed and, upon neglect or refusal so to do, shall be punished by imprisonment in the county
jail for not more than 60 days or by a fine of not more than $50.
History: (10421) RL s 5132; 1973 c 123 art 5 s 7

624.70 DUTY OF COMMISSION MERCHANTS AND BROKERS.
It shall be the duty of every commission merchant, copartnership, association, corporation,
or broker, doing business as such, to furnish to every customer or principal for whom such
commission merchant, broker, copartnership, corporation, or association has executed any order,
for the actual purchase or sale of any stocks, grain, provisions, or other commodities, or personal
property, either for immediate or future delivery, a written statement containing the names of the
parties from whom such property was bought, or to whom it shall have been sold, as the case
may be, the time when, the place where, and the price at which the same was either bought or
sold; and, in case such commission merchant, broker, copartnership, corporation, or association
fails to properly furnish such statement, the fact of such failure shall be prima facie evidence that
such property was not sold or bought in a legitimate manner.
History: (10491) 1905 c 133 s 4; 1965 c 45 s 69

624.701 LIQUORS IN CERTAIN BUILDINGS OR GROUNDS.
    Subdivision 1. Possession of alcohol on school grounds; penalty. Except as otherwise
provided in subdivision 1a, any person who introduces or possesses an alcoholic beverage, as
defined in section 340A.101, on any public elementary or secondary school ground or in any
public elementary or secondary school building is guilty of a misdemeanor.
    Subd. 1a. Exceptions. Subdivision 1 does not apply to the following:
(1) experiments in laboratories;
(2) a person who has been issued a temporary license to sell 3.2 percent malt liquor under
section 340A.403, subdivision 2, or intoxicating liquor under section 340A.404, subdivision 10; or
(3) a person possessing 3.2 percent malt liquor or intoxicating liquor as a result of a purchase
from a person or organization holding a temporary license under section 340A.403, subdivision 2,
or 340A.404, subdivision 10.
    Subd. 2. Possession of alcohol on state hospital grounds; penalty. Any person who
except by prescription of a licensed physician or permission of the hospital administrator shall
introduce upon, or have in possession upon, or in, any state hospital or grounds thereof under the
responsibility of the commissioner of human services any alcoholic beverage as defined in section
340A.101, shall be guilty of a misdemeanor.
History: (10149) 1913 c 415 s 1; 1973 c 425 s 1; 1974 c 150 s 2; 1984 c 654 art 5 s 58;
1985 c 305 art 12 s 4; 1986 c 444; 1989 c 290 art 7 s 11; 1991 c 14 s 1,2; 1991 c 249 s 31

624.702 [Repealed, 1967 c 19 s 19]

624.703 [Repealed, 1967 c 238 s 1]

624.71 GUN CONTROL, APPLICATION OF FEDERAL LAW.
    Subdivision 1. Application. Notwithstanding any other law to the contrary, it shall be lawful
for any federally licensed importer, manufacturer, dealer, or collector to sell and deliver firearms
and ammunition to a resident of a contiguous state in any instance where such sale and delivery is
lawful under the federal Gun Control Act of 1968 (Public Law 90-618).
    Subd. 2. Contiguous state purchases. Notwithstanding any other law to the contrary, it shall
be lawful for a resident of Minnesota to purchase firearms and ammunition in a contiguous state
in any instance where such sale and delivery is lawful under the federal Gun Control Act of
1968 (Public Law 90-618).
History: 1969 c 216 s 1,2

624.711 DECLARATION OF POLICY.
It is not the intent of the legislature to regulate shotguns, rifles and other longguns of the type
commonly used for hunting and not defined as pistols or semiautomatic military-style assault
weapons, or to place costs of administration upon those citizens who wish to possess or carry
pistols or semiautomatic military-style assault weapons lawfully, or to confiscate or otherwise
restrict the use of pistols or semiautomatic military-style assault weapons by law-abiding citizens.
History: 1975 c 378 s 1; 1993 c 326 art 1 s 22

624.712 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 624.711 to 624.717, the terms defined in this
section shall have the meanings given them.
    Subd. 2. Pistol. "Pistol" includes a weapon designed to be fired by the use of a single hand
and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18
inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a
rifle (a) from which may be fired or ejected one or more solid projectiles by means of a cartridge or
shell or by the action of an explosive or the igniting of flammable or explosive substances; or (b)
for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.
"Pistol" does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the
construction industry or children's pop guns or toys.
    Subd. 3. Antique firearm. "Antique firearm" means any firearm, including any pistol, with
a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before
1899 and any replica of any firearm described herein if such replica is not designed or redesigned,
made or remade, or intended to fire conventional rimfire or conventional centerfire ammunition,
or uses conventional rimfire or conventional centerfire ammunition which is not readily available
in the ordinary channels of commercial trade.
    Subd. 4. Saturday night special pistol. "Saturday night special pistol" means a pistol other
than an antique firearm or a pistol for which the propelling force is carbon dioxide, air or other
vapor, or children's pop guns or toys, having a frame, barrel, cylinder, slide or breechblock:
(a) of any material having a melting point (liquidus) of less than 1,000 degrees Fahrenheit, or
(b) of any material having an ultimate tensile strength of less than 55,000 pounds per
square inch, or
(c) of any powdered metal having a density of less than 7.5 grams per cubic centimeter.
    Subd. 5. Crime of violence. "Crime of violence" 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.
    Subd. 6. Transfer. "Transfer" means a sale, gift, loan, assignment or other delivery to
another, whether or not for consideration, of a pistol or semiautomatic military-style assault
weapon or the frame or receiver of a pistol or semiautomatic military-style assault weapon.
    Subd. 7. Semiautomatic military-style assault weapon. "Semiautomatic military-style
assault weapon" means:
(1) any of the following firearms:
(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii) Colt AR-15 semiautomatic rifle type;
(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
(v) Famas MAS semiautomatic rifle type;
(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic rifle types;
(vii) Galil semiautomatic rifle type;
(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic rifle types;
(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and carbine types;
(x) Intratec TEC-9 semiautomatic pistol type;
(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle types;
(xii) SKS with detachable magazine semiautomatic rifle type;
(xiii) Steyr AUG semiautomatic rifle type;
(xiv) Street Sweeper and Striker-12 revolving-cylinder shotgun types;
(xv) USAS-12 semiautomatic shotgun type;
(xvi) Uzi semiautomatic pistol and carbine types; or
(xvii) Valmet M76 and M78 semiautomatic rifle types;
(2) any firearm that is another model made by the same manufacturer as one of the firearms
listed in clause (1), and has the same action design as one of the listed firearms, and is a
redesigned, renamed, or renumbered version of one of the firearms listed in clause (1), or has a
slight modification or enhancement, including but not limited to a folding or retractable stock;
adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic, or metal
stock; larger clip size; different caliber; or a bayonet mount; and
(3) any firearm that has been manufactured or sold by another company under a licensing
agreement with a manufacturer of one of the firearms listed in clause (1) entered into after the
effective date of Laws 1993, chapter 326, to manufacture or sell firearms that are identical or
nearly identical to those listed in clause (1), or described in clause (2), regardless of the company
of production or country of origin.
The weapons listed in clause (1), except those listed in items (iii), (ix), (x), (xiv), and (xv),
are the weapons the importation of which was barred by the Bureau of Alcohol, Tobacco, and
Firearms of the United States Department of the Treasury in July 1989.
Except as otherwise specifically provided in paragraph (d), a firearm is not a "semiautomatic
military-style assault weapon" if it is generally recognized as particularly suitable for or readily
adaptable to sporting purposes under United States Code, title 18, section 925, paragraph (d)(3),
or any regulations adopted pursuant to that law.
    Subd. 8. Included weapons. By August 1, 1993, and annually thereafter, the superintendent
of the Bureau of Criminal Apprehension shall publish a current authoritative list of the firearms
included within the definition of "semiautomatic military-style assault weapon" under this section.
Dealers, purchasers, and other persons may rely on the list in complying with this chapter.
    Subd. 9. Business day. "Business day" means a day on which state offices are open for
normal business and excludes weekends and legal holidays.
    Subd. 10. Crime punishable by imprisonment for a term exceeding one year. "Crime
punishable by imprisonment for a term exceeding one year" does not include:
(1) any federal or state offense pertaining to antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating to the regulation of business practices; or
(2) any state offense classified by the laws of this state or any other state as a misdemeanor
and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of a crime shall be determined in accordance with the law of
the jurisdiction in which the proceedings were held. Any conviction which has been expunged,
or set aside, or for which a person has been pardoned or has had civil rights restored shall not
be considered a conviction for purposes of this definition, unless such pardon, expungement, or
restoration of civil rights expressly provides that the person may not ship, transport, possess,
or receive firearms.
    Subd. 11. Commissioner. "Commissioner" means the commissioner of public safety unless
otherwise indicated.
History: 1975 c 378 s 2; 1977 c 349 s 2; 1987 c 276 s 3; 1991 c 279 s 35; 1993 c 326 art 1
s 23-26; 1994 c 636 art 3 s 24-26; 1995 c 226 art 2 s 32; 1996 c 408 art 4 s 14; 2003 c 28
art 2 s 3; art 3 s 7; 2005 c 83 s 1

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.
    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. 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, developmentally disabled, 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;
(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, developmentally disabled, 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.
    Subd. 1a. Ineligible to receive, ship, transport. A person presently charged with a crime
punishable by imprisonment for a term exceeding one year shall not be entitled to receive,
ship, or transport any pistol or semiautomatic military-style assault weapon. A violation of this
subdivision is a gross misdemeanor.
    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.
    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 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.
History: 1975 c 378 s 3; 1983 c 269 s 2; 1Sp1985 c 9 art 2 s 98; 1986 c 444; 1991 c 279
s 36; 1992 c 537 s 3; 1993 c 326 art 1 s 27; 1993 c 366 s 11; 1994 c 576 s 55,56; 1994 c 636
art 3 s 27,28; 1995 c 259 art 3 s 21; 1996 c 408 art 4 s 15; 2002 c 221 s 48; 2003 c 28 art 3 s
8-10; 2005 c 56 s 1; 2005 c 83 s 1

624.7131 TRANSFEREE PERMIT; PENALTY.
    Subdivision 1. Information. Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there is no
such local chief of police:
(a) the name, residence, telephone number and driver's license number or nonqualification
certificate number, if any, of the proposed transferee;
(b) the sex, date of birth, height, weight and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(c) a statement that the proposed transferee authorizes the release to the local police authority
of commitment information about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to the proposed transferee's eligibility
to possess a pistol or semiautomatic military-style assault weapon under section 624.713,
subdivision 1 ; and
(d) a statement by the proposed transferee that the proposed transferee is not prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the time
of application, the local police authority shall provide the applicant with a dated receipt for the
application. The statement under clause (c) 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.
    Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories, records
and warrant information relating to the applicant through the Minnesota crime information
system and the national criminal record repository and shall make a reasonable effort to check
other available state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services as provided in section
245.041.
    Subd. 3. Forms. Chiefs of police and sheriffs shall make transferee permit application forms
available throughout the community. There shall be no charge for forms, reports, investigations,
notifications, waivers or any other act performed or materials provided by a government employee
or agency in connection with application for or issuance of a transferee permit.
    Subd. 4. Grounds for disqualification. A determination by the chief of police or sheriff
that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon shall be the only basis for refusal to grant a transferee permit.
    Subd. 5. Granting of permits. The chief of police or sheriff shall issue a transferee permit
or deny the application within seven days of application for the permit. The chief of police or
sheriff shall provide an applicant with written notification of a denial and the specific reason for
the denial. The permits and their renewal shall be granted free of charge.
    Subd. 6. Permits valid statewide. Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may 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 under section
624.7151. Permits issued pursuant to this section are not transferable. A person who transfers a
permit in violation of this subdivision is guilty of a misdemeanor.
    Subd. 7. Permit voided. The transferee permit shall be void at the time that the holder
becomes prohibited from possessing a pistol under section 624.713, in which event the holder
shall return the permit within five days to the issuing authority. Failure of the holder to return
the permit within the five days is a 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.
    Subd. 8. Hearing upon denial. Any person aggrieved by denial of a transferee permit may
appeal the denial to the district court having jurisdiction over the county or municipality in
which the denial occurred.
    Subd. 9. Permit to carry. A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and section 624.7132.
    Subd. 10. Transfer report not required. A person who transfers a pistol or semiautomatic
military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to
this section or a valid permit to carry issued pursuant to section 624.714 is not required to file
a transfer report pursuant to section 624.7132, subdivision 1.
    Subd. 11. Penalty. A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a gross misdemeanor.
    Subd. 12. Local regulation. This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.
History: 1977 c 349 s 4; 1986 c 444; 1992 c 571 art 15 s 5,6; 1993 c 326 art 1 s 28-30;
1994 c 618 art 1 s 41,42; 1994 c 636 art 3 s 29-31; 1998 c 254 art 2 s 67; 2003 c 28 art 2 s 34

624.7132 REPORT OF TRANSFER.
    Subdivision 1. Required information. Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault
weapon shall report the following information in writing to the chief of police of the organized
full-time police department of the municipality where the proposed transferee resides or to the
appropriate county sheriff if there is no such local chief of police:
(a) the name, residence, telephone number and driver's license number or nonqualification
certificate number, if any, of the proposed transferee;
(b) the sex, date of birth, height, weight and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(c) a statement that the proposed transferee authorizes the release to the local police authority
of commitment information about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to the proposed transferee's eligibility
to possess a pistol or semiautomatic military-style assault weapon under section 624.713,
subdivision 1 ;
(d) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(e) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The report
shall be delivered by the transferor to the chief of police or sheriff no later than three days after
the date of the agreement to transfer, excluding weekends and legal holidays. The statement under
clause (c) 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.
    Subd. 2. Investigation. Upon receipt of a transfer report, the chief of police or sheriff shall
check criminal histories, records and warrant information relating to the proposed transferee
through the Minnesota crime information system and the national criminal record repository and
shall make a reasonable effort to check other available state and local record-keeping systems.
The chief of police or sheriff shall obtain commitment information from the commissioner of
human services as provided in section 245.041.
    Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon. The notification to the transferee shall specify the grounds for the
disqualification of the proposed transferee and shall set forth in detail the transferee's right of
appeal under subdivision 13.
    Subd. 4. Delivery. Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five
business days after the date the agreement to transfer is delivered to a chief of police or sheriff in
accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the
seven day waiting period. The chief of police or sheriff may waive all or a portion of the five
business day waiting period in writing if the chief of police or sheriff finds that the transferee
requires access to a pistol or semiautomatic military-style assault weapon because of a threat to
the life of the transferee or of any member of the household of the transferee.
No person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed
transferee after receiving a written notification that the chief of police or sheriff has determined
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon.
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered
to the transferee.
    Subd. 5. Grounds for disqualification. A determination by the chief of police or sheriff that
the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon shall be the sole basis for a notification of disqualification under
this section.
    Subd. 6. Transferee permit. If a chief of police or sheriff determines that a transferee is not
a person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon, the transferee may, within 30 days after the determination, apply to that chief of
police or sheriff for a transferee permit, and the permit shall be issued.
    Subd. 7.[Repealed, 1994 c 636 art 3 s 46]
    Subd. 8. Report not required. If the proposed transferee presents a valid transferee permit
issued under section 624.7131 or a valid permit to carry issued under section 624.714, the
transferor need not file a transfer report.
    Subd. 9. Number of pistols or semiautomatic military-style assault weapons. Any
number of pistols or semiautomatic military-style assault weapons may be the subject of a
single transfer agreement and report to the chief of police or sheriff. Nothing in this section or
section 624.7131 shall be construed to limit or restrict the number of pistols or semiautomatic
military-style assault weapons a person may acquire.
    Subd. 10. Restriction on records. If, after a determination that the transferee is not a person
prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault
weapon, a transferee requests that no record be maintained of the fact of who is the transferee of
a pistol or semiautomatic military-style assault weapon, the chief of police or sheriff shall sign
the transfer report and return it to the transferee as soon as possible. Thereafter, no government
employee or agency shall maintain a record of the transfer that identifies the transferee, and the
transferee shall retain the report of transfer.
    Subd. 11. Forms; cost. Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports, investigations,
notifications, waivers or any other act performed or materials provided by a government employee
or agency in connection with a transfer.
    Subd. 12. Exclusions. Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers by order
of court, involuntary transfers, transfers at death or the following transfers:
(a) a transfer by a person other than a federally licensed firearms dealer;
(b) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;
(c) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the
purpose of repair, reconditioning or remodeling;
(d) a loan by a teacher to a student in a course designed to teach marksmanship or safety with
a pistol and approved by the commissioner of natural resources;
(e) a loan between persons at a firearms collectors exhibition;
(f) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;
(g) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and
(h) a loan between employees or between the employer and an employee in a business if the
employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of
employment and is the holder of a valid permit to carry a pistol.
    Subd. 13. Appeal. A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon may appeal the determination as provided in this subdivision. The
district court shall have jurisdiction of proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a pistol or semiautomatic
military-style assault weapon by section 624.713.
    Subd. 14. Transfer to unknown party. (a) No person shall transfer a pistol or semiautomatic
military-style assault weapon to another who is not personally known to the transferor unless the
proposed transferee presents evidence of identity to the transferor.
(b) No person who is not personally known to the transferor shall become a transferee of
a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
(c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of the
United States government, a state, a political subdivision of a state, a foreign government, a
political subdivision of a foreign government, an international governmental or an international
quasi-governmental organization; and must be of a type commonly accepted for the purpose of
identification of individuals.
(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
    Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person who does
any of the following is guilty of a gross misdemeanor:
(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;
(2) transfers a pistol or semiautomatic military-style assault weapon to a person who has
made a false statement in order to become a transferee, if the transferor knows or has reason to
know the transferee has made the false statement;
(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a person under the
age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a person under the
age of 18 who has made a false statement in order to become a transferee, if the transferor knows
or has reason to know the transferee has made the false statement.
    Subd. 16. Local regulation. This section shall be construed to supersede municipal or
county regulation of the transfer of pistols.
History: 1977 c 349 s 5; 1985 c 144 s 2; 1986 c 444; 1992 c 571 art 15 s 7; 1993 c 326
art 1 s 31; 1994 c 576 s 57; 1994 c 618 art 1 s 43,44; 1994 c 636 art 3 s 32-37; 1996 c 305
art 1 s 122; 1998 c 254 art 2 s 68

MINNESOTA CITIZENS' PERSONAL

PROTECTION ACT OF 2003

624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.
    Subdivision 1.[Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]
    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.
    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.
    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;
(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.
    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 an organization or government entity that has been approved by the
Department of Public Safety in accordance with the department's standards.
(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.
    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 Minnesota
residences of the applicant in the last 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
(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 (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 the certificate 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.
    Subd. 4. Investigation. (a) The sheriff must check, by means of electronic data transfer,
criminal records, histories, and warrant information on each applicant through the Minnesota
Crime Information System 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.
    Subd. 5.[Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]
    Subd. 6. 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 sheriff to notify the applicant of the denial of the application within 30 days
after the date of receipt of the application packet constitutes issuance of the permit to carry and
the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application,
the sheriff must provide the applicant with written notification and the specific 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. 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
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 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.
    Subd. 7. Permit card contents; expiration; renewal. (a) Permits to carry must be on
an official, standardized permit card adopted by the commissioner, 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 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.
    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.
    Subd. 8. Permit to carry voided. (a) The permit to carry is void 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 the sheriff has knowledge that a permit is void under
this 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 take possession of 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.
    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.
    Subd. 9. Carrying pistols about one's premises or for purposes of repair, target practice.
A permit to carry is not required of a person:
(a) to keep or carry about the person's place of business, dwelling house, premises or on
land possessed by the person a pistol;
(b) to carry a pistol from a place of purchase to the person's dwelling house or place of
business, or from the person's dwelling house or place of business to or from a place where
repairing is done, to have the pistol repaired;
(c) to carry a pistol between the person's dwelling house and place of business;
(d) to carry a pistol in the woods or fields or upon the waters of this state for the purpose of
hunting or of target shooting in a safe area; or
(e) to transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded,
contained in a closed and fastened case, gunbox, or securely tied package.
    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.
    Subd. 11. No limit on number of pistols. A person shall not be restricted as to the number
of pistols the person may carry.
    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.
    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 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.
    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 for inclusion solely in the database under subdivision 15, paragraph (a).
    Subd. 13. Exemptions; adult correctional facility officers. A permit to carry a pistol is
not required of any officer of a state adult correctional facility when on guard duty or otherwise
engaged in an assigned duty.
    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.
    Subd. 15. Commissioner; contracts; database. (a) The commissioner 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 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 may contract with one or more vendors to implement the
commissioner's duties under this section.
    Subd. 16. Recognition of permits from other states. (a) The commissioner 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 must, when necessary, execute reciprocity agreements regarding carry
permits with jurisdictions whose carry permits are recognized under paragraph (a).
    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."; or
(ii) the requester or the requester's agent personally informs the person 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 active licensed peace officer; or
(2) a security guard acting in the course and scope of employment.
    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.
    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.
    Subd. 20. Monitoring. (a) By March 1, 2004, and each year thereafter, the commissioner
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.
    Subd. 21. Use of fees. Fees collected by sheriffs under this section and not forwarded to
the commissioner 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.
    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.
    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.
    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.
History: 1975 c 378 s 4; 1976 c 269 s 1; 1977 c 349 s 3; 1983 c 264 s 10; 1986 c 444; 1992
c 571 art 15 s 8,9; 1993 c 326 art 1 s 32; 1994 c 618 art 1 s 45,46; 1994 c 636 art 3 s 38-40; 1998
c 254 art 2 s 69; 2003 c 28 art 2 s 4-28,34; 2005 c 83 s 1,3-10

624.7141 TRANSFER TO INELIGIBLE PERSON.
    Subdivision 1. Transfer prohibited. A person is guilty of a gross misdemeanor who
intentionally transfers a pistol or semiautomatic military-style assault weapon to another if the
person knows that the transferee:
(1) has been denied a permit to carry under section 624.714 because the transferee is not
eligible under section 624.713 to possess a pistol or semiautomatic military-style assault weapon;
(2) has been found ineligible to possess a pistol or semiautomatic military-style assault
weapon by a chief of police or sheriff as a result of an application for a transferee permit or
a transfer report; or
(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon.
    Subd. 2. Felony. A violation of this section is a felony if the transferee possesses or uses the
weapon within one year after the transfer in furtherance of a felony crime of violence.
    Subd. 3. Subsequent eligibility. This section is not applicable to a transfer to a person who
became eligible to possess a pistol or semiautomatic military-style assault weapon under section
624.713 after the transfer occurred but before the transferee used or possessed the weapon in
furtherance of any crime.
History: 1994 c 636 art 3 s 41

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 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.
History: 2003 c 28 art 2 s 29,34; 2005 c 83 s 1

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.
History: 2003 c 28 art 2 s 30; 2005 c 83 s 1

624.715 EXEMPTIONS; ANTIQUES AND ORNAMENTS.
Sections 624.713 and 624.714 shall not apply to antique firearms which are carried or
possessed as curiosities or for their historical significance or value.
History: 1975 c 378 s 5

624.7151 STANDARDIZED FORMS.
By December 1, 1992, the commissioner shall adopt statewide standards governing the
form and contents, as required by sections 624.7131 to 624.714, of every application for a pistol
transferee permit, pistol transferee permit, report of transfer of a pistol, application for a permit to
carry a pistol, and permit to carry a pistol that is granted or renewed on or after January 1, 1993.
Every application for a pistol transferee permit, pistol transferee permit, report of transfer of
a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is received,
granted, or renewed by a police chief or county sheriff on or after January 1, 1993, must meet
the statewide standards adopted by the commissioner. Notwithstanding the previous sentence,
neither failure of the Department of Public Safety to adopt standards nor failure of the police chief
or county sheriff to meet them shall delay the timely processing of applications nor invalidate
permits issued on other forms meeting the requirements of sections 624.7131 to 624.714.
History: 1992 c 571 art 15 s 10; 1997 c 187 art 2 s 15; 2003 c 28 art 2 s 34

624.716 SATURDAY NIGHT SPECIALS PROHIBITED; PENALTY.
Any federally licensed firearms dealer who sells a Saturday Night Special Pistol, or any
person who manufactures or assembles a Saturday Night Special Pistol in whole or in part, shall
be guilty of a gross misdemeanor.
History: 1975 c 378 s 6

624.7161 FIREARMS DEALERS; CERTAIN SECURITY MEASURES REQUIRED.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail
business in which pistols are sold from a permanent business location other than the dealer's home.
(c) "Small firearms dealer" means a firearms dealer who operates a retail business at which
no more than 50 pistols are displayed for sale at any time.
(d) "Large firearms dealer" means a firearms dealer who operates a retail business at which
more than 50 pistols are displayed for sale at any time.
    Subd. 2. Security measures required. After business hours when the dealer's place of
business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's
place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or
cable that runs through the pistol's trigger guards. The safe, gun cabinet, rod, or cable must be
anchored to prevent its removal from the premises.
    Subd. 3. Security standards. The commissioner shall adopt standards specifying minimum
security requirements for small and large firearms dealers. By January 1, 1993, all firearms dealers
shall comply with the standards. The standards may provide for:
(1) alarm systems for small and large firearms dealers;
(2) site hardening and other necessary and effective security measures required for large
firearms dealers;
(3) a system of inspections, during normal business hours, by local law enforcement officials
for compliance with the standards; and
(4) other reasonable requirements necessary and effective to reduce the risk of burglaries
at firearms dealers' business establishments.
History: 1992 c 571 art 15 s 11; 2003 c 28 art 2 s 34

624.7162 FIREARMS DEALERS; SAFETY REQUIREMENTS.
    Subdivision 1. Firearms dealers. For purposes of this section, a firearms dealer is any
person who is federally licensed to sell firearms from any location.
    Subd. 2. Notice required. In each business location where firearms are sold by a firearms
dealer, the dealer shall post in a conspicuous location the following warning in block letters
not less than one inch in height: "IT IS UNLAWFUL TO STORE OR LEAVE A LOADED
FIREARM WHERE A CHILD CAN OBTAIN ACCESS."
    Subd. 3. Fine. A person who violates the provisions of this section is guilty of a petty
misdemeanor and may be fined not more than $300.
History: 1993 c 326 art 1 s 33; 2004 c 228 art 1 s 72

624.717 LOCAL REGULATION.
Sections 624.711 to 624.716 shall be construed to supersede municipal or county regulation
of the carrying or possessing of pistols and the regulation of Saturday Night Special Pistols.
History: 1975 c 378 s 7; 1985 c 144 s 3

624.718 [Repealed, 1985 c 144 s 4]

624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given them.
(a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in
diameter.
(b) "Carry" does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are
repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful
activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;
(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun
case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped,
snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section
624.714;
(4) the carrying of an antique firearm as a curiosity or for its historical significance or
value; or
(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.
(c) "Public place" means property owned, leased, or controlled by a governmental unit and
private property that is regularly and frequently open to or made available for use by the public in
sufficient numbers to give clear notice of the property's current dedication to public use but does
not include: a person's dwelling house or premises, the place of business owned or managed by
the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting
facility; or the woods, fields, or waters of this state where the person is present lawfully for the
purpose of hunting or target shooting or other lawful activity involving firearms.
    Subd. 2. Penalties. Whoever carries a BB gun, rifle, or shotgun on or about the person in
a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a
semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or
about the person in a public place is guilty of a felony.
    Subd. 3. Exceptions. This section does not apply to officers, employees, or agents of law
enforcement agencies or the armed forces of this state or the United States, or private detectives
or protective agents, to the extent that these persons are authorized by law to carry firearms and
are acting in the scope of their official duties.
History: 1993 c 326 art 1 s 34; 1994 c 576 s 58; 1994 c 636 art 3 s 42

624.719 POSSESSION OF FIREARM BY NONRESIDENT ALIEN.
A nonresident alien may not possess a firearm except to take game as a nonresident under
the game and fish laws. A firearm possessed in violation of this section is contraband and may
be confiscated.
History: 1986 c 386 art 4 s 32

624.72 INTERFERENCE WITH USE OF PUBLIC PROPERTY.
    Subdivision 1. Right to petition. The state of Minnesota acknowledges and reaffirms the
right of its citizens to petition, peacefully and in an orderly manner, all levels and units of
government for the redress of grievances of whatever nature, but also affirms that functions and
proceedings of governmental bodies and agencies must remain free from organized or calculated
confusion, disturbance or delay, and that to this end rules and regulations for the governance of
public property and business lawfully promulgated must be observed.
    Subd. 2. Public property. As used in this section, "public property" means any building or
other property owned by or in control of the state or any of its political subdivisions or of the
Board of Regents of the University of Minnesota.
    Subd. 3. Rules. For the purpose of protecting the free, proper and lawful access to, egress
from and proper use of public property, and for the purpose of protecting the conduct of public
business therein or thereon, free from interference, or disruption or the threat thereof, the
legislature or any public officer, agency or board having the supervision thereof may to that end
promulgate reasonable rules and regulations.
    Subd. 4. Rule violation. Violation of a rule or regulation which has been published, posted,
or announced in a reasonable manner at the time of such conduct shall be prima facie evidence of
intent to violate this section.
    Subd. 5. Deny free access; penalty. Whoever, intentionally, or through coercion, force
or intimidation, denies or interferes with the lawful right of another to the free access to or
egress from or to use or remain in or upon public property or in like manner interferes with the
transaction of public business therein or thereon may be sentenced to imprisonment for not more
than one year or a fine of not more than $3,000 or both.
    Subd. 6. No affect chapter 179. Nothing contained herein shall in any way affect the
provisions of chapter 179.
History: 1969 c 767 s 1-6; 1984 c 628 art 3 s 11

624.73 [Repealed, 1981 c 283 s 2]

624.731 TEAR GAS AND TEAR GAS COMPOUNDS; ELECTRONIC INCAPACITATION
DEVICES.
    Subdivision 1. Definitions. For the purposes of this section:
(a) "authorized tear gas compound" means a lachrymator or any substance composed
of a mixture of a lachrymator including chloroacetophenone, alpha-chloroacetophenone;
phenylchloromethylketone, orthochlorobenzalmalononitrile or oleoresin capsicum, commonly
known as tear gas; and
(b) "electronic incapacitation device" means a portable device which is designed or
intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize
or incapacitate persons by means of electric pulse or current, including devices operating by
means of carbon dioxide propellant. "Electronic incapacitation device" does not include cattle
prods, electric fences, or other electric devices when used in agricultural, animal husbandry, or
food production activities.
    Subd. 2. Authorized possession; use. (a) A person may possess and use an authorized
tear gas compound in the exercise of reasonable force in defense of the person or the person's
property only if it is propelled from an aerosol container, labeled with or accompanied by clearly
written instructions as to its use and the dangers involved in its use, and dated to indicate its
anticipated useful life.
(b) A person may possess and use an electronic incapacitation device in the exercise
of reasonable force in defense of the person or the person's property only if the electronic
incapacitation device is labeled with or accompanied by clearly written instructions as to its use
and the dangers involved in its use.
    Subd. 3. Prohibited possession; use. (a) No person under the age of 16 may possess or use
an authorized tear gas compound except by written permission of a parent or guardian, and no
person under the age of 18 may possess or use an electronic incapacitation device.
(b) No person prohibited from possessing a pistol pursuant to section 624.713, subdivision 1,
clause (b), may possess or use an authorized tear gas compound or an electronic incapacitation
device.
(c) No person prohibited from possessing a pistol pursuant to section 624.713, subdivision
1 , clauses (c) to (e), may possess or use an authorized tear gas compound or an electronic
incapacitation device, except that the certificate or other proof required for possession of a
handgun shall not apply.
(d) No person shall possess or use tear gas or a tear gas compound other than an authorized
tear gas compound.
    Subd. 4. Prohibited use. (a) No person shall knowingly, or with reason to know, use tear
gas, a tear gas compound, an authorized tear gas compound, or an electronic incapacitation device
on or against a peace officer who is in the performance of duties.
(b) No person shall use tear gas, a tear gas compound, an authorized tear gas compound, or
an electronic incapacitation device except as authorized in subdivision 2 or 6.
(c) Tear gas, a tear gas compound, or an electronic incapacitation device shall legally
constitute a weapon when it is used in the commission of a crime.
(d) No person shall use tear gas or a tear gas compound in an immobilizing concentration
against another person, except as otherwise permitted by subdivision 2.
    Subd. 5. Prohibited sale. Except as permitted by subdivision 6, no person shall knowingly
furnish or sell tear gas or a tear gas compound to another person. No person shall knowingly
furnish or sell an authorized tear gas compound or an electronic incapacitation device to a person
prohibited from possessing it by subdivision 3. No person shall knowingly furnish or sell an
authorized tear gas compound or an electronic incapacitation device which fails to meet the
requirements of subdivision 2. No tear gas, tear gas compound, authorized tear gas compound,
or electronic incapacitation device shall be sold or furnished on premises where 3.2 percent
malt liquor as defined in section 340A.101, subdivision 19, is sold on an on-sale basis or where
intoxicating liquor as defined in section 340A.101, subdivision 13, is sold on an on-sale or off-sale
basis. No person shall sell tear gas, a tear gas compound, authorized tear gas compound, or
electronic incapacitation device in violation of local licensing requirements.
    Subd. 6. Exceptions. Nothing in this section shall prohibit the possession or use of by, or the
sale or furnishing of, tear gas, a tear gas compound, an authorized tear gas compound, or electronic
incapacitation device to, a law enforcement agency, peace officer, the National Guard or reserves,
or a member of the National Guard or reserves for use in their official duties, except that counties
and municipalities may impose licensing requirements on sellers pursuant to subdivision 9.
    Subd. 7. Exemption. Tear gas, tear gas compounds, and authorized tear gas compounds shall
not be classified as an obnoxious or harmful gas, fluid, or substance under section 624.732.
    Subd. 8. Penalties. (a) The following violations of this section shall be considered a felony:
(1) The possession or use of tear gas, a tear gas compound, an authorized tear gas compound,
or an electronic incapacitation device by a person specified in subdivision 3, paragraph (b).
(2) Knowingly selling or furnishing of tear gas, a tear gas compound, an authorized tear
gas compound, or an electronic incapacitation device to a person specified in subdivision 3,
paragraph (b).
(3) The use of an electronic incapacitation device as prohibited in subdivision 4, paragraph
(a).
(4) The use of tear gas or a tear gas compound as prohibited in subdivision 4, paragraph (d).
(b) The following violations of this section shall be considered a gross misdemeanor: (1)
the prohibited use of tear gas, a tear gas compound, or an authorized tear gas compound as
specified in subdivision 4, paragraph (a); (2) the use of an electronic incapacitation device except
as allowed by subdivision 2 or 6.
(c) The following violations of this section shall be considered a misdemeanor:
(1) The possession or use of tear gas, a tear gas compound, an authorized tear gas compound,
or an electronic incapacitation device which fails to meet the requirements of subdivision 2 by
any person except as allowed by subdivision 6.
(2) The possession or use of an authorized tear gas compound or an electronic incapacitation
device by a person specified in subdivision 3, paragraph (a) or (c).
(3) The use of tear gas, a tear gas compound, or an authorized tear gas compound except
as allowed by subdivision 2 or 6.
(4) Knowingly selling or furnishing an authorized tear gas compound or an electronic
incapacitation device to a person specified in subdivision 3, paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas compound other than an authorized tear gas
compound to any person except as allowed by subdivision 6.
(6) Selling or furnishing of an authorized tear gas compound or an electronic incapacitation
device on premises where intoxicating liquor is sold on an on-sale or off-sale basis or where 3.2
percent malt liquor is sold on an on-sale basis.
(7) Selling an authorized tear gas compound or an electronic incapacitation device in
violation of local licensing requirements.
    Subd. 9. Local licensing. (a) For purposes of this section, "municipality" means statutory
or home rule charter city or town.
(b) There is hereby conferred upon the governing body of each county, statutory or home
rule charter city and town in the state the authority to license the business of vendors of tear
gas, tear gas compounds, authorized tear gas compounds, or electronic incapacitation devices
within their respective jurisdictions, to impose a license fee therefor, to impose qualifications for
obtaining a license, the duration of licenses and to restrict the number of licenses the governing
body will issue.
(c) Every person desiring a license from a local governing body shall file with the clerk of
the municipality or the county board in the case of application to a county, a verified written
application in the form to be prescribed by the local governing body.
(d) The local governing body may establish the grounds, notice and hearing procedures for
revocation of licenses issued pursuant to this section. The local governing body may also establish
penalties for sale of tear gas, tear gas compounds, authorized tear gas compounds, or electronic
incapacitation devices in violation of its licensing requirements.
    Subd. 10. Local regulation. This section shall be the exclusive regulation of the possession,
use, and furnishing of tear gas, tear gas compounds, authorized tear gas compounds, and electronic
incapacitation devices in Minnesota. This section shall supersede and preempt all regulation of the
possession, use, and furnishing of tear gas, tear gas compounds, authorized tear gas compounds,
and electronic incapacitation devices by political subdivisions.
History: 1981 c 283 s 1; 1985 c 160 s 3; 1985 c 305 art 12 s 5; 1Sp1985 c 116 art 2 s 26;
1986 c 444; 1989 c 5 s 15; 1991 c 249 s 31; 1994 c 636 art 2 s 55,56; 1995 c 244 s 35,36

624.732 INTENTIONAL RELEASE OF HARMFUL SUBSTANCE.
    Subdivision 1. Misdemeanor. A person is guilty of a misdemeanor if the person intentionally
exposes another or the other's property to an obnoxious or harmful gas, fluid, or substance, with
intent to injure, molest, or coerce.
    Subd. 2. Felony. A person who violates subdivision 1 and knows that doing so creates a risk
of death or bodily harm or serious property damage 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.
History: 1989 c 5 s 16

624.74 METAL-PENETRATING BULLETS.
    Subdivision 1. Intent. This section is designed to give law enforcement officers performing
their official duties a reasonable degree of protection from penetration of quality body armor.
It is not the intent of this section to restrict the availability of ammunition for personal defense,
sporting, or hunting purposes.
    Subd. 2. Definition. For purposes of this section, "metal-penetrating bullet" means a handgun
bullet of 9 mm, .25, .32, .357, .38, .41, .44, or .451 caliber which is comprised of a hardened core
equal to the minimum of the maximum attainable hardness by solid red metal alloys which
purposely reduces the normal expansion or mushrooming of the bullet's shape upon impact.
"Metal-penetrating bullet" excludes any bullet composed of copper or brass jacket with lead or
lead alloy cores and any bullet composed of lead or lead alloys.
    Subd. 3. Use or possession in commission of a crime. Any person who uses or possesses a
metal-penetrating bullet during the commission of a crime is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both. Any imprisonment sentence imposed under this subdivision shall run
consecutively to any sentence imposed for the other crime.
    Subd. 4. Local regulation. This section shall be construed to supersede any municipal or
county regulation of ammunition, including its component parts.
History: 1982 c 525 s 1; 1984 c 628 art 3 s 11