1.2relating to public safety; requiring persons to first make application for a permit
1.3to carry to a chief of police of a municipality and if no chief of police to a county
1.4sheriff;amending Minnesota Statutes 2012, sections 624.714, subdivisions
1.52, 2a, 3, 4, 6, 7, 7a, 8, 8a, 11a, 12, 12a, 14, 15, 16, 19, 20, 21, 23; 624.7143,
1.6subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 624.714, subdivision 2, is amended to read:
1.9 Subd. 2.
Where application made; authority to issue permit; criteria; scope.
1.10(a) Applications by Minnesota residents for permits to carry shall be made to the
chief
1.11of police of an organized full-time police department of the municipality where the
1.12applicant resides or to the county sheriff
where the applicant resides if there is no local
1.13chief of police. Nonresidents, as defined in section
171.01, subdivision 42, may apply
1.14to any
chief of police or sheriff.
1.15(b) Unless a
chief of police or sheriff denies a permit under the exception set forth in
1.16subdivision 6, paragraph (a), clause (3), a
chief of police or sheriff must issue a permit to
1.17an applicant if the person:
1.18(1) has training in the safe use of a pistol;
1.19(2) is at least 21 years old and a citizen or a permanent resident of the United States;
1.20(3) completes an application for a permit;
1.21(4) is not prohibited from possessing a firearm under the following sections:
1.22(i)
518B.01, subdivision 14;
1.23(ii)
609.224, subdivision 3;
1.24(iii)
609.2242, subdivision 3;
1.25(iv)
609.749, subdivision 8;
2.1(v)
624.713;
2.2(vi)
624.719;
2.3(vii)
629.715, subdivision 2;
2.4(viii)
629.72, subdivision 2; or
2.5(ix) any federal law; and
2.6(5) is not listed in the criminal gang investigative data system under section
299C.091.
2.7(c) A permit to carry a pistol issued or recognized under this section is a state permit
2.8and is effective throughout the state.
2.9(d) A sheriff may contract with a police chief to process permit applications under
2.10this section. If a sheriff contracts with a police chief, the sheriff remains the issuing
2.11authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police
2.12chief, all of the provisions of this section will apply.
2.13EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.14applicants for a permit to carry on or after that date.
2.15 Sec. 2. Minnesota Statutes 2012, section 624.714, subdivision 2a, is amended to read:
2.16 Subd. 2a.
Training in the safe use of a pistol. (a) An applicant must present
2.17evidence that the applicant received training in the safe use of a pistol within one year of
2.18the date of an original or renewal application. Training may be demonstrated by:
2.19(1) employment as a peace officer in the state of Minnesota within the past year; or
2.20(2) completion of a firearms safety or training course providing basic training in the
2.21safe use of a pistol and conducted by a certified instructor.
2.22(b) Basic training must include:
2.23(1) instruction in the fundamentals of pistol use;
2.24(2) successful completion of an actual shooting qualification exercise; and
2.25(3) instruction in the fundamental legal aspects of pistol possession, carry, and use,
2.26including self-defense and the restrictions on the use of deadly force.
2.27(c) The certified instructor must issue a certificate to a person who has completed
2.28a firearms safety or training course described in paragraph (b). The certificate must be
2.29signed by the instructor and attest that the person attended and completed the course.
2.30(d) A person qualifies as a certified instructor if the person is certified as a firearms
2.31instructor within the past five years by an organization or government entity that has been
2.32approved by the Department of Public Safety in accordance with the department's standards.
2.33(e) A
chief of police or sheriff must accept the training described in this subdivision
2.34as meeting the requirement in subdivision 2, paragraph (b), for training in the safe use
3.1of a pistol. A
chief of police or sheriff may also accept other satisfactory evidence of
3.2training in the safe use of a pistol.
3.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.4applicants for a permit to carry on or after that date.
3.5 Sec. 3. Minnesota Statutes 2012, section 624.714, subdivision 3, is amended to read:
3.6 Subd. 3.
Form and contents of application. (a) Applications for permits to carry
3.7must be an official, standardized application form, adopted under section
624.7151, and
3.8must set forth in writing only the following information:
3.9(1) the applicant's name, residence, telephone number, if any, and driver's license
3.10number or state identification card number;
3.11(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
3.12distinguishing physical characteristics, if any;
3.13(3) the township or statutory city or home rule charter city, and county, of all
3.14Minnesota residences of the applicant in the last five years, though not including specific
3.15addresses;
3.16(4) the township or city, county, and state of all non-Minnesota residences of the
3.17applicant in the last five years, though not including specific addresses;
3.18(5) a statement that the applicant authorizes the release to the
chief of police or
3.19sheriff of commitment information about the applicant maintained by the commissioner of
3.20human services or any similar agency or department of another state where the applicant
3.21has resided, to the extent that the information relates to the applicant's eligibility to
3.22possess a firearm; and
3.23(6) a statement by the applicant that, to the best of the applicant's knowledge and
3.24belief, the applicant is not prohibited by law from possessing a firearm.
3.25(b) The statement under paragraph (a), clause (5), must comply with any applicable
3.26requirements of Code of Federal Regulations, title 42, sections
2.31 to
2.35, with respect
3.27to consent to disclosure of alcohol or drug abuse patient records.
3.28(c) An applicant must submit to the
chief of police or sheriff an application packet
3.29consisting only of the following items:
3.30(1) a completed application form, signed and dated by the applicant;
3.31(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph
3.32(c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
3.33(3) an accurate photocopy of the applicant's current driver's license, state
3.34identification card, or the photo page of the applicant's passport.
4.1(d) In addition to the other application materials, a person who is otherwise ineligible
4.2for a permit due to a criminal conviction but who has obtained a pardon or expungement
4.3setting aside the conviction, sealing the conviction, or otherwise restoring applicable
4.4rights, must submit a copy of the relevant order.
4.5(e) Applications must be submitted in person.
4.6(f) The
chief of police or sheriff may charge a new application processing fee in an
4.7amount not to exceed the actual and reasonable direct cost of processing the application or
4.8$100, whichever is less. Of this amount, $10 must be submitted to the commissioner and
4.9deposited into the general fund.
4.10(g) This subdivision prescribes the complete and exclusive set of items an applicant
4.11is required to submit in order to apply for a new or renewal permit to carry. The applicant
4.12must not be asked or required to submit, voluntarily or involuntarily, any information,
4.13fees, or documentation beyond that specifically required by this subdivision. This
4.14paragraph does not apply to alternate training evidence accepted by the
chief of police or
4.15sheriff under subdivision 2a, paragraph (d).
4.16(h) Forms for new and renewal applications must be available at all
chiefs' of police
4.17or sheriffs' offices and the commissioner must make the forms available on the Internet.
4.18(i) Application forms must clearly display a notice that a permit, if granted, is void
4.19and must be immediately returned to the
chief of police or sheriff if the permit holder is or
4.20becomes prohibited by law from possessing a firearm. The notice must list the applicable
4.21state criminal offenses and civil categories that prohibit a person from possessing a firearm.
4.22(j) Upon receipt of an application packet and any required fee, the
chief of police or
4.23sheriff must provide a signed receipt indicating the date of submission.
4.24EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.25applicants for a permit to carry on or after that date.
4.26 Sec. 4. Minnesota Statutes 2012, section 624.714, subdivision 4, is amended to read:
4.27 Subd. 4.
Investigation. (a) The
chief of police or sheriff must check, by means
4.28of electronic data transfer, criminal records, histories, and warrant information on
4.29each applicant through the Minnesota Crime Information System and the National
4.30Instant Criminal Background Check System. The
chief of police or sheriff shall
4.31also make a reasonable effort to check other available and relevant federal, state, or
4.32local record-keeping systems. The
chief of police or sheriff must obtain commitment
4.33information from the commissioner of human services as provided in section
245.041 or, if
4.34the information is reasonably available, as provided by a similar statute from another state.
5.1(b) When an application for a permit is filed under this section, the sheriff must notify
5.2the chief of police, if any, of the municipality where the applicant resides. The police chief
5.3may provide the sheriff with any information relevant to the issuance of the permit.
5.4(c) (b) The
chief of police or sheriff must conduct a background check by means
5.5of electronic data transfer on a permit holder through the Minnesota Crime Information
5.6System and the National Instant Criminal Background Check System at least yearly to
5.7ensure continuing eligibility. The
chief of police or sheriff may also conduct additional
5.8background checks by means of electronic data transfer on a permit holder at any time
5.9during the period that a permit is in effect.
5.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.11applicants for a permit to carry on or after that date.
5.12 Sec. 5. Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:
5.13 Subd. 6.
Granting and denial of permits. (a) The
chief of police or sheriff must,
5.14within 30 days after the date of receipt of the application packet described in subdivision 3:
5.15(1) issue the permit to carry;
5.16(2) deny the application for a permit to carry solely on the grounds that the applicant
5.17failed to qualify under the criteria described in subdivision 2, paragraph (b); or
5.18(3) deny the application on the grounds that there exists a substantial likelihood that
5.19the applicant is a danger to self or the public if authorized to carry a pistol under a permit.
5.20(b) Failure of the
chief of police or sheriff to notify the applicant of the denial of the
5.21application within 30 days after the date of receipt of the application packet constitutes
5.22issuance of the permit to carry and the
chief of police or sheriff must promptly fulfill the
5.23requirements under paragraph (c). To deny the application, the
chief of police or sheriff
5.24must provide the applicant with written notification and the specific factual basis justifying
5.25the denial under paragraph (a), clause (2) or (3), including the source of the factual basis.
5.26The
chief of police or sheriff must inform the applicant of the applicant's right to submit,
5.27within 20 business days, any additional documentation relating to the propriety of the
5.28denial. Upon receiving any additional documentation, the
chief of police or sheriff must
5.29reconsider the denial and inform the applicant within 15 business days of the result of the
5.30reconsideration. Any denial after reconsideration must be in the same form and substance
5.31as the original denial and must specifically address any continued deficiencies in light of
5.32the additional documentation submitted by the applicant. The applicant must be informed
5.33of the right to seek de novo review of the denial as provided in subdivision 12.
5.34(c) Upon issuing a permit to carry, the
chief of police or sheriff must provide a
5.35laminated permit card to the applicant by first class mail unless personal delivery has been
6.1made. Within five business days, the
chief of police or sheriff must submit the information
6.2specified in subdivision 7, paragraph (a), to the commissioner for inclusion solely in the
6.3database required under subdivision 15, paragraph (a). The
chief of police or sheriff must
6.4transmit the information in a manner and format prescribed by the commissioner.
6.5(d) Within five business days of learning that a permit to carry has been suspended
6.6or revoked, the
chief of police or sheriff must submit information to the commissioner
6.7regarding the suspension or revocation for inclusion solely in the databases required or
6.8permitted under subdivision 15.
6.9(e) Notwithstanding paragraphs (a) and (b), the
chief of police or sheriff may
6.10suspend the application process if a charge is pending against the applicant that, if
6.11resulting in conviction, will prohibit the applicant from possessing a firearm.
6.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.13applicants for a permit to carry on or after that date.
6.14 Sec. 6. Minnesota Statutes 2012, section 624.714, subdivision 7, is amended to read:
6.15 Subd. 7.
Permit card contents; expiration; renewal. (a) Permits to carry must be
6.16on an official, standardized permit card adopted by the commissioner, containing only
6.17the name, residence, and driver's license number or state identification card number of
6.18the permit holder, if any.
6.19(b) The permit card must also identify the issuing
chief of police or sheriff and
6.20state the expiration date of the permit. The permit card must clearly display a notice that
6.21a permit, if granted, is void and must be immediately returned to the
chief of police or
6.22sheriff if the permit holder becomes prohibited by law from possessing a firearm.
6.23(c) A permit to carry a pistol issued under this section expires five years after the
6.24date of issue. It may be renewed in the same manner and under the same criteria which the
6.25original permit was obtained, subject to the following procedures:
6.26(1) no earlier than 90 days prior to the expiration date on the permit, the permit
6.27holder may renew the permit by submitting to the appropriate
chief of police or sheriff the
6.28application packet described in subdivision 3 and a renewal processing fee not to exceed
6.29the actual and reasonable direct cost of processing the application or $75, whichever
6.30is less. Of this amount, $5 must be submitted to the commissioner and deposited into
6.31the general fund. The
chief of police or sheriff must process the renewal application in
6.32accordance with subdivisions 4 and 6; and
6.33(2) a permit holder who submits a renewal application packet after the expiration
6.34date of the permit, but within 30 days after expiration, may renew the permit as provided
6.35in clause (1) by paying an additional late fee of $10.
7.1(d) The renewal permit is effective beginning on the expiration date of the prior
7.2permit to carry.
7.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.4applicants for a permit to carry on or after that date.
7.5 Sec. 7. Minnesota Statutes 2012, section 624.714, subdivision 7a, is amended to read:
7.6 Subd. 7a.
Change of address; loss or destruction of permit. (a) Within 30 days
7.7after changing permanent address, or within 30 days of having lost or destroyed the permit
7.8card, the permit holder must notify the issuing
chief of police or sheriff of the change, loss,
7.9or destruction. Failure to provide notification as required by this subdivision is a petty
7.10misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section
7.11609.531
, a firearm carried in violation of this paragraph is not subject to forfeiture.
7.12(b) After notice is given under paragraph (a), a permit holder may obtain a
7.13replacement permit card by paying $10 to the
chief of police or sheriff. The request for a
7.14replacement permit card must be made on an official, standardized application adopted for
7.15this purpose under section
624.7151, and, except in the case of an address change, must
7.16include a notarized statement that the permit card has been lost or destroyed.
7.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.18applicants for a permit to carry on or after that date.
7.19 Sec. 8. Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:
7.20 Subd. 8.
Permit to carry voided. (a) The permit to carry is void at the time that the
7.21holder becomes prohibited by law from possessing a firearm, in which event the holder
7.22must return the permit card to the issuing
chief of police or sheriff within five business
7.23days after the holder knows or should know that the holder is a prohibited person. If the
7.24chief of police or sheriff has knowledge that a permit is void under this paragraph, the
chief
7.25of police or sheriff must give notice to the permit holder in writing in the same manner as a
7.26denial. Failure of the holder to return the permit within the five days is a gross misdemeanor
7.27unless the court finds that the circumstances or the physical or mental condition of the
7.28permit holder prevented the holder from complying with the return requirement.
7.29(b) When a permit holder is convicted of an offense that prohibits the permit holder
7.30from possessing a firearm, the court must take possession of the permit, if it is available,
7.31and send it to the issuing
chief of police or sheriff.
7.32(c) The
chief of police or sheriff of the county where the application was submitted,
7.33or of the county of the permit holder's current residence, may file a petition with the
8.1district court therein, for an order revoking a permit to carry on the grounds set forth in
8.2subdivision 6, paragraph (a), clause (3). An order shall be issued only if the
chief of police
8.3or sheriff meets the burden of proof and criteria set forth in subdivision 12. If the court
8.4denies the petition, the court must award the permit holder reasonable costs and expenses,
8.5including attorney fees.
8.6(d) A permit revocation must be promptly reported to the issuing
chief of police
8.7or sheriff.
8.8EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.9applicants for a permit to carry on or after that date.
8.10 Sec. 9. Minnesota Statutes 2012, section 624.714, subdivision 8a, is amended to read:
8.11 Subd. 8a.
Prosecutor's duty. Whenever a person is charged with an offense that
8.12would, upon conviction, prohibit the person from possessing a firearm, the prosecuting
8.13attorney must ascertain whether the person is a permit holder under this section. If the
8.14person is a permit holder, the prosecutor must notify the issuing
chief of police or sheriff
8.15that the person has been charged with a prohibiting offense. The prosecutor must also
8.16notify the
chief of police or sheriff of the final disposition of the case.
8.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.18applicants for a permit to carry on or after that date.
8.19 Sec. 10. Minnesota Statutes 2012, section 624.714, subdivision 11a, is amended to read:
8.20 Subd. 11a.
Emergency issuance of permits. A
chief of police or sheriff may
8.21immediately issue an emergency permit to a person if the
chief of police or sheriff
8.22determines that the person is in an emergency situation that may constitute an immediate
8.23risk to the safety of the person or someone residing in the person's household. A person
8.24seeking an emergency permit must complete an application form and must sign an affidavit
8.25describing the emergency situation. An emergency permit applicant does not need to
8.26provide evidence of training. An emergency permit is valid for 30 days, may not be
8.27renewed, and may be revoked without a hearing. No fee may be charged for an emergency
8.28permit. An emergency permit holder may seek a regular permit under subdivision 3 and is
8.29subject to the other applicable provisions of this section.
8.30EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.31applicants for a permit to carry on or after that date.
8.32 Sec. 11. Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:
9.1 Subd. 12.
Hearing upon denial or revocation. (a) Any person aggrieved by denial
9.2or revocation of a permit to carry may appeal by petition to the district court having
9.3jurisdiction over the county or municipality where the application was submitted. The
9.4petition must list the
chief of police or sheriff as the respondent. The district court must
9.5hold a hearing at the earliest practicable date and in any event no later than 60 days
9.6following the filing of the petition for review. The court may not grant or deny any relief
9.7before the completion of the hearing. The record of the hearing must be sealed. The
9.8matter must be heard de novo without a jury.
9.9(b) The court must issue written findings of fact and conclusions of law regarding
9.10the issues submitted by the parties. The court must issue its writ of mandamus directing
9.11that the permit be issued and order other appropriate relief unless the
chief of police or
9.12sheriff establishes by clear and convincing evidence:
9.13(1) that the applicant is disqualified under the criteria described in subdivision 2,
9.14paragraph (b); or
9.15(2) that there exists a substantial likelihood that the applicant is a danger to self or
9.16the public if authorized to carry a pistol under a permit. Incidents of alleged criminal
9.17misconduct that are not investigated and documented may not be considered.
9.18(c) If an applicant is denied a permit on the grounds that the applicant is listed in
9.19the criminal gang investigative data system under section
299C.091, the person may
9.20challenge the denial, after disclosure under court supervision of the reason for that listing,
9.21based on grounds that the person:
9.22(1) was erroneously identified as a person in the data system;
9.23(2) was improperly included in the data system according to the criteria outlined in
9.24section
299C.091, subdivision 2, paragraph (b); or
9.25(3) has demonstrably withdrawn from the activities and associations that led to
9.26inclusion in the data system.
9.27(d) If the court grants a petition brought under paragraph (a), the court must award
9.28the applicant or permit holder reasonable costs and expenses including attorney fees.
9.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
9.30applicants for a permit to carry on or after that date.
9.31 Sec. 12. Minnesota Statutes 2012, section 624.714, subdivision 12a, is amended to read:
9.32 Subd. 12a.
Suspension as condition of release. The district court may order
9.33suspension of the application process for a permit or suspend the permit of a permit holder
9.34as a condition of release pursuant to the same criteria as the surrender of firearms under
9.35section
629.715. A permit suspension must be promptly reported to the issuing
chief
10.1of police or sheriff. If the permit holder has an out-of-state permit recognized under
10.2subdivision 16, the court must promptly report the suspension to the commissioner for
10.3inclusion solely in the database under subdivision 15, paragraph (a).
10.4EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
10.5applicants for a permit to carry on or after that date.
10.6 Sec. 13. Minnesota Statutes 2012, section 624.714, subdivision 14, is amended to read:
10.7 Subd. 14.
Records. (a) A
chief of police or sheriff must not maintain records or data
10.8collected, made, or held under this section concerning any applicant or permit holder that
10.9are not necessary under this section to support a permit that is outstanding or eligible for
10.10renewal under subdivision 7, paragraph (b). Notwithstanding section
138.163,
chiefs of
10.11police or sheriffs must completely purge all files and databases by March 1 of each year
10.12to delete all information collected under this section concerning all persons who are no
10.13longer current permit holders or currently eligible to renew their permit.
10.14(b) Paragraph (a) does not apply to records or data concerning an applicant or
10.15permit holder who has had a permit denied or revoked under the criteria established in
10.16subdivision 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a
10.17period of six years from the date of the denial or revocation.
10.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
10.19applicants for a permit to carry on or after that date.
10.20 Sec. 14. Minnesota Statutes 2012, section 624.714, subdivision 15, is amended to read:
10.21 Subd. 15.
Commissioner; contracts; database. (a) The commissioner must
10.22maintain an automated database of persons authorized to carry pistols under this section that
10.23is available 24 hours a day, seven days a week, only to law enforcement agencies, including
10.24prosecutors carrying out their duties under subdivision 8a, to verify the validity of a permit.
10.25(b) The commissioner may maintain a separate automated database of denied
10.26applications for permits to carry and of revoked permits that is available only to
chiefs
10.27of police or sheriffs performing their duties under this section containing the date of, the
10.28statutory basis for, and the initiating agency for any permit application denied or permit
10.29revoked for a period of six years from the date of the denial or revocation.
10.30(c) The commissioner may contract with one or more vendors to implement the
10.31commissioner's duties under this section.
10.32EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
10.33applicants for a permit to carry on or after that date.
11.1 Sec. 15. Minnesota Statutes 2012, section 624.714, subdivision 16, is amended to read:
11.2 Subd. 16.
Recognition of permits from other states. (a) The commissioner must
11.3annually establish and publish a list of other states that have laws governing the issuance
11.4of permits to carry weapons that are not substantially similar to this section. The list
11.5must be available on the Internet. A person holding a carry permit from a state not on
11.6the list may use the license or permit in this state subject to the rights, privileges, and
11.7requirements of this section.
11.8(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
11.9this state if the holder is or becomes prohibited by law from possessing a firearm.
11.10(c) Any sheriff or
police chief
of police may file a petition under subdivision 12
11.11seeking an order suspending or revoking an out-of-state permit holder's authority to carry
11.12a pistol in this state on the grounds set forth in subdivision 6, paragraph (a), clause (3).
11.13An order shall only be issued if the petitioner meets the burden of proof and criteria set
11.14forth in subdivision 12. If the court denies the petition, the court must award the permit
11.15holder reasonable costs and expenses including attorney fees. The petition may be filed
11.16in any county in the state where a person holding a license or permit from another state
11.17can be found.
11.18(d) The commissioner must, when necessary, execute reciprocity agreements
11.19regarding carry permits with jurisdictions whose carry permits are recognized under
11.20paragraph (a).
11.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
11.22applicants for a permit to carry on or after that date.
11.23 Sec. 16. Minnesota Statutes 2012, section 624.714, subdivision 19, is amended to read:
11.24 Subd. 19.
Immunity. Neither a sheriff,
police chief
of police, any employee of a
11.25sheriff or
police chief
of police involved in the permit issuing process, nor any certified
11.26instructor is liable for damages resulting or arising from acts with a firearm committed by a
11.27permit holder, unless the person had actual knowledge at the time the permit was issued or
11.28the instruction was given that the applicant was prohibited by law from possessing a firearm.
11.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
11.30applicants for a permit to carry on or after that date.
11.31 Sec. 17. Minnesota Statutes 2012, section 624.714, subdivision 20, is amended to read:
11.32 Subd. 20.
Monitoring. (a) By March 1, 2004, and each year thereafter, the
11.33commissioner must report to the legislature on:
12.1(1) the number of permits applied for, issued, suspended, revoked, and denied,
12.2further categorized by the age, sex, and zip code of the applicant or permit holder, since
12.3the previous submission, and in total;
12.4(2) the number of permits currently valid;
12.5(3) the specific reasons for each suspension, revocation, and denial and the number
12.6of reversed, canceled, or corrected actions;
12.7(4) without expressly identifying an applicant, the number of denials or revocations
12.8based on the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for
12.9each denial or revocation, and the result of an appeal, if any, including the court's findings
12.10of fact, conclusions of law, and order;
12.11(5) the number of convictions and types of crimes committed since the previous
12.12submission, and in total, by individuals with permits including data as to whether a firearm
12.13lawfully carried solely by virtue of a permit was actually used in furtherance of the crime;
12.14(6) to the extent known or determinable, data on the lawful and justifiable use of
12.15firearms by permit holders; and
12.16(7) the status of the segregated funds reported to the commissioner under subdivision
12.1721.
12.18(b) Sheriffs and
police chiefs
of police must supply the Department of Public Safety
12.19with the basic data the department requires to complete the report under paragraph (a).
12.20Sheriffs and
police chiefs
of police may submit data classified as private to the Department
12.21of Public Safety under this paragraph.
12.22(c) Copies of the report under paragraph (a) must be made available to the public
12.23at the actual cost of duplication.
12.24(d) Nothing contained in any provision of this section or any other law requires or
12.25authorizes the registration, documentation, collection, or providing of serial numbers or
12.26other data on firearms or on firearms' owners.
12.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
12.28applicants for a permit to carry on or after that date.
12.29 Sec. 18. Minnesota Statutes 2012, section 624.714, subdivision 21, is amended to read:
12.30 Subd. 21.
Use of fees. Fees collected by
chiefs of police or sheriffs under this
12.31section and not forwarded to the commissioner must be used only to pay the direct costs of
12.32administering this section. Fee money may be used to pay the costs of appeals of prevailing
12.33applicants or permit holders under subdivision 8, paragraph (c); subdivision 12, paragraph
12.34(e); and subdivision 16, paragraph (c). Fee money may also be used to pay the reasonable
12.35costs of the county attorney to represent the
chief of police or sheriff in proceedings under
13.1this section. The revenues must be maintained in a segregated fund. Fund balances must
13.2be carried over from year to year and do not revert to any other fund. As part of the
13.3information supplied under subdivision 20, paragraph (b), by January 31 of each year,
13.4a
chief of police or sheriff must report to the commissioner on the
chief's of police or
13.5sheriff's segregated fund for the preceding calendar year, including information regarding:
13.6(1) nature and amount of revenues;
13.7(2) nature and amount of expenditures; and
13.8(3) nature and amount of balances.
13.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
13.10applicants for a permit to carry on or after that date.
13.11 Sec. 19. Minnesota Statutes 2012, section 624.714, subdivision 23, is amended to read:
13.12 Subd. 23.
Exclusivity. This section sets forth the complete and exclusive criteria
13.13and procedures for the issuance of permits to carry and establishes their nature and scope.
13.14No sheriff,
police chief
of police, governmental unit, government official, government
13.15employee, or other person or body acting under color of law or governmental authority
13.16may change, modify, or supplement these criteria or procedures, or limit the exercise
13.17of a permit to carry.
13.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
13.19applicants for a permit to carry on or after that date.
13.20 Sec. 20. Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:
13.21 Subd. 2.
Penalties; refusal; revocation. (a) If a person refuses to take a test
13.22required under subdivision 1, none must be given but the officer shall report the refusal to
13.23the
chief of police or sheriff and to the authority having responsibility for prosecution of
13.24misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise to
13.25the test demand and refusal. On certification by the officer that probable cause existed to
13.26believe the person had been carrying a pistol on or about the person's clothes or person in
13.27a public place while under the influence of alcohol or a controlled substance, and that the
13.28person refused to submit to testing, a court may impose a civil penalty of $500 and may
13.29revoke the person's authority to carry a pistol in a public place on or about the person's
13.30clothes or person under the provisions of a permit or otherwise for a period of one year
13.31from the date of the refusal. The person shall be accorded notice and an opportunity to be
13.32heard prior to imposition of the civil penalty or the revocation.
14.1(b) Revocations under this subdivision must be reported in the same manner as in
14.2section
624.714, subdivision 12a.
14.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies, on or
14.4after that date, to persons refusing to submit to a test of the person's blood, breath, or urine
14.5for the purpose of determining the presence and amount of alcohol or a controlled substance.