Tactical Training Solutions | Minnesota's Premier Permit To Carry and Concealed Carry Training
  • Home
  • Firearms Training Classes
    • MN Conceal And Carry Class >
      • Permit To Carry/CCW Online
      • Permit To Carry/CCW One-On-One
      • Permit To Carry/CCW - Small Group
    • Advanced Training Classes >
      • 2023 Classes >
        • Bill Blowers Tactical Pistol
        • Vehicle Ballistics Lab
        • Progressive Pistolcraft 1
        • Progressive Pistolcraft 2
        • Progressive Pistolcraft 3
        • Defensive Carbine 1
        • Defensive Carbine 2
        • Defensive Carbine 3
        • High Threat Pistol and Rifle
        • Applied Pistolcraft
  • Store
  • Calendar
  • About Us
  • Instructor Login
  • Contact Us
  • Resources
    • Blog
    • Class Photos
    • Companies We Like
    • Class Videos
    • Local Shooting Ranges
    • News
    • MN CCW FAQ >
      • MN Carry Statute
      • Wisconsin CCW FAQ >
        • WI Statutes
      • Minnesota Reciprocity Map
      • Permit To Carry Resources
  • MCPPA Permit To Carry Instructors
  • Newsletter Sign Up

Minnesota CCW/Permit to Carry Law


     624.714 Carrying of weapons without permit; penalties.

    Subdivision 1. Repealed, 2003 c 28 art 2 s 35

    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:

     624.714 Carrying of weapons without permit; penalties.

    Subdivision 1. Repealed, 2003 c 28 art 2 s 35

    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



    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.



    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; 2003 c 28 art 2 s 4-28,34; 2005 c 83 s 1,3-10



Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.


    (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



    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.



    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; 2003 c 28 art 2 s 4-28,34; 2005 c 83 s 1,3-10



Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
Concealed Carry | Permit To Carry Classes

Online CCW | PTC Class

One-On-One CCW | PTC Class

Small Group CCW | PTC Class
Advanced Firearms Training Classes

Progressive Pistolcraft 1

Progressive Pistolcraft 2

Defensive Carbine 1

Defensive Carbine 2


Resources 

Minnesota CCW | PTC FAQ

Our Blog

Calender

Minnesota Reciprocity Map

Contact Us
  • Home
  • Firearms Training Classes
    • MN Conceal And Carry Class >
      • Permit To Carry/CCW Online
      • Permit To Carry/CCW One-On-One
      • Permit To Carry/CCW - Small Group
    • Advanced Training Classes >
      • 2023 Classes >
        • Bill Blowers Tactical Pistol
        • Vehicle Ballistics Lab
        • Progressive Pistolcraft 1
        • Progressive Pistolcraft 2
        • Progressive Pistolcraft 3
        • Defensive Carbine 1
        • Defensive Carbine 2
        • Defensive Carbine 3
        • High Threat Pistol and Rifle
        • Applied Pistolcraft
  • Store
  • Calendar
  • About Us
  • Instructor Login
  • Contact Us
  • Resources
    • Blog
    • Class Photos
    • Companies We Like
    • Class Videos
    • Local Shooting Ranges
    • News
    • MN CCW FAQ >
      • MN Carry Statute
      • Wisconsin CCW FAQ >
        • WI Statutes
      • Minnesota Reciprocity Map
      • Permit To Carry Resources
  • MCPPA Permit To Carry Instructors
  • Newsletter Sign Up