1998 Minnesota Statutes

     624.714 Carrying of weapons without permit; penalties. 

    Subdivision 1.    Penalty.  (a) A person, other than a 
 law enforcement officer who has authority to make arrests other 
 than citizens arrests, 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 or public area 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.  

    (b) A person who has been issued a permit and who engages 
 in activities other than those for which the permit has been 
 issued, is guilty of a misdemeanor. 

    Subd. 2.    Where application made.  Applications for 
 permits to carry shall be made to the chief of police of an 
 organized full-time police department of the municipality where 
 the applicant resides or to the county sheriff where there is no 
 such local chief of police where the applicant resides.  At the 
 time of application, the local police authority shall provide 
 the applicant with a dated receipt for the application. 

    Subd. 3.    Contents.  Applications for permits to carry 
 shall set forth in writing the following information: 

    (1) the name, residence, telephone number, and driver's 
 license number or nonqualification certificate number, if any, 
 of the applicant; 

    (2) the sex, date of birth, height, weight, and color of 
 eyes and hair, and distinguishing physical characteristics, if 
 any, of the applicant; 

    (3) a statement that the applicant authorizes the release 
 to the local police authority of commitment information about 
 the applicant maintained by the commissioner of human services, 
 to the extent that the information relates to the applicant's 
 eligibility to possess a pistol or semiautomatic military-style 
 assault weapon under section 624.713, subdivision 1; 

    (4) a statement by the applicant that the applicant is not 
 prohibited by section 624.713 from possessing a pistol or 
 semiautomatic military-style assault weapon; and 

    (5) a recent color photograph of the applicant. 

 The application shall be signed and dated by the applicant.  The 
 statement under clause (3) 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. 4.    Investigation.  The application authority 
 shall check criminal records, histories, and warrant information 
 on each applicant through the Minnesota Crime Information System.
 The chief of police or sheriff shall obtain commitment 
 information from the commissioner of human services as provided 
 in section 245.041. 

    Subd. 5.    Granting of permits.  No permit to carry 
 shall be granted to a person unless the applicant: 

    (a) Is not a person prohibited by section 624.713 from 
 possessing a pistol; 

    (b) Provides a firearms safety certificate recognized by 
 the department of natural resources, evidence of successful 
 completion of a test of ability to use a firearm supervised by 
 the chief of police or sheriff or other satisfactory proof of 
 ability to use a pistol safely; and 

    (c) Has an occupation or personal safety hazard requiring a 
 permit to carry. 

    Subd. 6.    Failure to grant permits.  Failure of the 
 chief police officer or the county sheriff to deny the 
 application or issue a permit to carry a pistol within 21 days 
 of the date of application shall be deemed to be a grant 
 thereof.  The local police authority shall provide an applicant 
 with written notification of a denial and the specific reason 
 for the denial. A chief of police or a sheriff may charge a fee 
 to cover the cost of conducting a background check, not to 
 exceed $10.  The permit shall specify the activities for which 
 it shall be valid. 

    Subd. 7.    Renewal.  Permits to carry a pistol issued 
 pursuant to this section shall expire after one year and shall 
 thereafter be renewed in the same manner and subject to the same 
 provisions by which the original permit was obtained, except 
 that all renewed permits must comply with the standards adopted 
 by the commissioner of public safety under section 624.7161. 

    Subd. 8.    Permit to carry voided.  The permit to 
 carry 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 application authority.  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. 

    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 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. 12.    Hearing upon denial.  Any person aggrieved 
 by denial of a permit to carry may appeal the denial to the 
 district court having jurisdiction over the county or 
 municipality wherein the notification or denial occurred.  The 
 matter shall be heard de novo without a jury. 

    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. 

    HIST: 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