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 Repealed, 2003 c 28 art 2 s 35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.