KEY:  stricken = removed, old language.    underscored = added, new language.

S.F. No. 2259, 2nd Engrossment - 84th Legislative Session (2005-2006)

 1.1 A bill for an act 
 1.2 relating to public safety; reenacting the Minnesota 
 1.3 Citizens' Personal Protection Act of 2003 with certain 
 1.4 amendments; recognizing the inherent right of 
 1.5 law-abiding citizens to self-protection through the 
 1.6 lawful use of self-defense; providing a system under 
 1.7 which responsible, competent adults can exercise their 
 1.8 right to self-protection by authorizing them to obtain 
 1.9 a permit to carry a pistol; providing criminal 
 1.10  penalties; amending Minnesota Statutes 2004, sections 
 1.11 609.66, subdivision 1d; 624.714, subdivisions 1b, 2, 
 1.12 2a, 3, 8, 12, 17, as reenacted, by adding a 
 1.13 subdivision. 
 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
 1.15 Section 1. [REENACTMENT OF PERSONAL PROTECTION ACT.] 
 1.16 Laws 2003, chapter 28, articles 2 and 3, are reenacted 
 1.17 effective retroactively and without interruption from April 28, 
 1.18 2003. 
 1.19 [EFFECTIVE DATE.] This section is effective the day 
 1.20 following final enactment. 
 1.21 Sec. 2. Minnesota Statutes 2004, section 609.66, 
 1.22 subdivision 1d, is amended to read: 
 1.23 Subd. 1d. [POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) 
 1.24 Except as provided under paragraphs (c) and (e), whoever 
 1.25 possesses, stores, or keeps a dangerous weapon or uses or 
 1.26 brandishes a replica firearm or a BB gun while knowingly on 
 1.27 school property is guilty of a felony and may be sentenced to 
 1.28 imprisonment for not more than two years or to payment of a fine 
 1.29 of not more than $5,000, or both. 
 2.1 (b) Whoever possesses, stores, or keeps a replica firearm 
 2.2 or a BB gun on school property is guilty of a gross misdemeanor. 
 2.3 (c) Notwithstanding paragraph (a) or (b), it is a 
 2.4 misdemeanor for a person authorized to carry a firearm under the 
 2.5 provisions of a permit or otherwise to carry a firearm on or 
 2.6 about the person's clothes or person in a location the person 
 2.7 knows is school property. Notwithstanding section 609.531, a 
 2.8 firearm carried in violation of this paragraph is not subject to 
 2.9 forfeiture. 
 2.10 (d) As used in this subdivision: 
 2.11 (1) "BB gun" means a device that fires or ejects a shot 
 2.12 measuring .18 of an inch or less in diameter; 
 2.13 (2) "dangerous weapon" has the meaning given it in section 
 2.14 609.02, subdivision 6; 
 2.15  (3) "replica firearm" has the meaning given it in section 
 2.16 609.713; and 
 2.17 (4) "school property" means: 
 2.18 (i) a public or private elementary, middle, or secondary 
 2.19 school building and its improved grounds, whether leased or 
 2.20 owned by the school; 
 2.21 (ii) a child care center licensed under chapter 245A during 
 2.22 the period children are present and participating in a child 
 2.23 care program; 
 2.24 (iii) the area within a school bus when that bus is being 
 2.25 used by a school to transport one or more elementary, middle, or 
 2.26 secondary school students to and from school-related activities, 
 2.27 including curricular, cocurricular, noncurricular, 
 2.28 extracurricular, and supplementary activities; and 
 2.29 (iv) that portion of a building or facility under the 
 2.30 temporary, exclusive control of a public or private school, a 
 2.31 school district, or an association of such entities where 
 2.32 conspicuous signs are prominently posted at each entrance that 
 2.33 give actual notice to persons of the school-related use. 
 2.34 (e) This subdivision does not apply to: 
 2.35 (1) active licensed peace officers,; 
 2.36 (2) military personnel, or students participating in 
 3.1 military training, who are on-duty, performing official duties; 
 3.2 (2) (3) persons authorized to carry a pistol under section 
 3.3 624.714 while in a motor vehicle or outside of a motor vehicle 
 3.4 to directly place a firearm in, or retrieve it from, the trunk 
 3.5 or rear area of the vehicle; 
 3.6 (3) (4) persons who keep or store in a motor vehicle 
 3.7 pistols in accordance with section 624.714 or 624.715 or other 
 3.8 firearms in accordance with section 97B.045; 
 3.9 (4) (5) firearm safety or marksmanship courses or 
 3.10 activities conducted on school property; 
 3.11 (5) (6) possession of dangerous weapons, BB guns, or 
 3.12 replica firearms by a ceremonial color guard; 
 3.13 (6) (7) a gun or knife show held on school property; 
 3.14 (7) (8) possession of dangerous weapons, BB guns, or 
 3.15 replica firearms with written permission of the principal or 
 3.16 other person having general control and supervision of the 
 3.17 school or the director of a child care center; or 
 3.18 (8) (9) persons who are on unimproved property owned or 
 3.19 leased by a child care center, school, or school district unless 
 3.20 the person knows that a student is currently present on the land 
 3.21 for a school-related activity. 
 3.22 (f) Notwithstanding section 471.634, a school district or 
 3.23 other entity composed exclusively of school districts may not 
 3.24 regulate firearms, ammunition, or their respective components, 
 3.25 when possessed or carried by nonstudents or nonemployees, in a 
 3.26 manner that is inconsistent with this subdivision. 
 3.27 [EFFECTIVE DATE.] This section is effective the day 
 3.28 following final enactment. 
 3.29 Sec. 3. Minnesota Statutes 2004, section 624.714, 
 3.30 subdivision 1b, is amended to read: 
 3.31 Subd. 1b. [DISPLAY OF PERMIT; PENALTY.] (a) The holder of 
 3.32 a permit to carry must have the permit card and a driver's 
 3.33 license, state identification card, or other government-issued 
 3.34 photo identification in immediate possession at all times when 
 3.35 carrying a pistol and must display the permit card and 
 3.36 identification document upon lawful demand by a peace officer, 
 4.1 as defined in section 626.84, subdivision 1. A violation of 
 4.2 this paragraph is a petty misdemeanor. The fine for a first 
 4.3 offense must not exceed $25. Notwithstanding section 609.531, a 
 4.4 firearm carried in violation of this paragraph is not subject to 
 4.5 forfeiture. 
 4.6 (b) A citation issued for violating paragraph (a) must be 
 4.7 dismissed if the person demonstrates, in court or in the office 
 4.8 of the arresting officer, that the person was authorized to 
 4.9 carry the pistol at the time of the alleged violation. 
 4.10 (c) Upon the request of a peace officer, a permit holder 
 4.11 must write a sample signature in the officer's presence to aid 
 4.12 in verifying the person's identity. 
 4.13 (d) Upon the request of a peace officer, a permit holder 
 4.14 shall disclose to the officer whether or not the permit holder 
 4.15 is currently carrying a firearm. 
 4.16 Sec. 4. Minnesota Statutes 2004, section 624.714, 
 4.17 subdivision 2, is amended to read: 
 4.18 Subd. 2. [WHERE APPLICATION MADE; AUTHORITY TO ISSUE 
 4.19 PERMIT; CRITERIA; SCOPE.] (a) Applications by Minnesota 
 4.20 residents for permits to carry shall be made to the county 
 4.21 sheriff where the applicant resides. Nonresidents, as defined 
 4.22 in section 171.01, subdivision 42, may apply to any sheriff. 
 4.23 (b) Unless a sheriff denies a permit under the exception 
 4.24 set forth in subdivision 6, paragraph (a), clause (3), a sheriff 
 4.25 must issue a permit to an applicant if the person: 
 4.26 (1) has training in the safe use of a pistol; 
 4.27 (2) is at least 21 years old and a citizen or a permanent 
 4.28 resident of the United States; 
 4.29 (3) completes an application for a permit; 
 4.30 (4) is not prohibited from possessing a firearm under the 
 4.31 following sections: 
 4.32 (i) 518B.01, subdivision 14; 
 4.33 (ii) 609.224, subdivision 3; 
 4.34 (iii) 609.2242, subdivision 3; 
 4.35 (iv) 609.749, subdivision 8; 
 4.36 (v) 624.713; 
 5.1 (vi) 624.719; 
 5.2 (vii) 629.715, subdivision 2; or 
 5.3 (viii) 629.72, subdivision 2; or 
 5.4 (ix) any federal law; and 
 5.5  (5) is not listed in the criminal gang investigative data 
 5.6 system under section 299C.091. 
 5.7 (c) A permit to carry a pistol issued or recognized under 
 5.8 this section is a state permit and is effective throughout the 
 5.9 state. 
 5.10 (d) A sheriff may contract with a police chief to process 
 5.11 permit applications under this section. If a sheriff contracts 
 5.12 with a police chief, the sheriff remains the issuing authority 
 5.13 and the police chief acts as the sheriff's agent. If a sheriff 
 5.14 contracts with a police chief, all of the provisions of this 
 5.15 section will apply. 
 5.16 [EFFECTIVE DATE.] This section is effective the day 
 5.17 following final enactment. 
 5.18 Sec. 5. Minnesota Statutes 2004, section 624.714, 
 5.19 subdivision 2a, is amended to read: 
 5.20 Subd. 2a. [TRAINING IN THE SAFE USE OF A PISTOL.] (a) An 
 5.21 applicant must present evidence that the applicant received 
 5.22 training in the safe use of a pistol within one year of the date 
 5.23 of an original or renewal application. Training may be 
 5.24 demonstrated by: 
 5.25 (1) employment as a peace officer in the state of Minnesota 
 5.26 within the past year; or 
 5.27 (2) completion of a firearms safety or training course 
 5.28 providing basic training in the safe use of a pistol and 
 5.29 conducted by a certified instructor. 
 5.30 (b) Basic training must include: 
 5.31 (1) instruction in the fundamentals of pistol use; 
 5.32 (2) successful completion of an actual shooting 
 5.33 qualification exercise; and 
 5.34 (3) instruction in the fundamental legal aspects of pistol 
 5.35 possession, carry, and use, including self-defense and the 
 5.36 restrictions on the use of deadly force. 
 6.1 (c) The certified instructor must issue a certificate to a 
 6.2 person who has completed a firearms safety or training course 
 6.3 described in paragraph (b). The certificate must be signed by 
 6.4 the instructor and attest that the person attended and completed 
 6.5 the course. 
 6.6 (d) A person qualifies as a certified instructor if the 
 6.7 person is certified as a firearms instructor within the past 
 6.8 five years by: 
 6.9 (1) the Bureau of Criminal Apprehension, Training and 
 6.10 Development Section; 
 6.11 (2) the Minnesota Association of Law Enforcement Firearms 
 6.12 Instructors; 
 6.13 (3) the National Rifle Association; 
 6.14 (4) the American Association of Certified Firearms 
 6.15 Instructors; 
 6.16 (5) the Peace Officer Standards and Training Board of this 
 6.17 state or a similar agency of another state that certifies 
 6.18 firearms instructors; or 
 6.19 (6) the Department of Public Safety of this state or a 
 6.20 similar agency of another state that certifies firearms 
 6.21 instructors an organization or government entity that has been 
 6.22 approved by the Department of Public Safety in accordance with 
 6.23 the department's standards. 
 6.24 (d) (e) A sheriff must accept the training described in 
 6.25 this subdivision as meeting the requirement in subdivision 2, 
 6.26 paragraph (b), for training in the safe use of a pistol. A 
 6.27 sheriff may also accept other satisfactory evidence of training 
 6.28 in the safe use of a pistol. 
 6.29 [EFFECTIVE DATE.] This section is effective the day 
 6.30 following final enactment, except for the changes made in 
 6.31 paragraph (d), which are effective October 1, 2005. 
 6.32 Sec. 6. Minnesota Statutes 2004, section 624.714, 
 6.33 subdivision 3, is amended to read: 
 6.34 Subd. 3. [FORM AND CONTENTS OF APPLICATION.] (a) 
 6.35 Applications for permits to carry must be an official, 
 6.36 standardized application form, adopted under section 624.7151, 
 7.1 and must set forth in writing only the following information: 
 7.2 (1) the applicant's name, residence, telephone number, if 
 7.3 any, and driver's license number or state identification card 
 7.4 number; 
 7.5 (2) the applicant's sex, date of birth, height, weight, and 
 7.6 color of eyes and hair, and distinguishing physical 
 7.7 characteristics, if any; 
 7.8 (3) the township or statutory city or home rule charter 
 7.9 city, and county, of all states of residence Minnesota 
 7.10 residences of the applicant in the last ten five years, though 
 7.11 not including specific addresses; 
 7.12 (4) the township or city, county, and state of all 
 7.13 non-Minnesota residences of the applicant in the last five 
 7.14 years, though not including specific addresses; 
 7.15 (5) a statement that the applicant authorizes the release 
 7.16 to the sheriff of commitment information about the applicant 
 7.17 maintained by the commissioner of human services or any similar 
 7.18 agency or department of another state where the applicant has 
 7.19 resided, to the extent that the information relates to the 
 7.20 applicant's eligibility to possess a firearm; and 
 7.21 (5) (6) a statement by the applicant that, to the best of 
 7.22 the applicant's knowledge and belief, the applicant is not 
 7.23 prohibited by law from possessing a firearm. 
 7.24  (b) The statement under paragraph (a), clause (4) (5), must 
 7.25 comply with any applicable requirements of Code of Federal 
 7.26 Regulations, title 42, sections 2.31 to 2.35, with respect to 
 7.27 consent to disclosure of alcohol or drug abuse patient records. 
 7.28 (c) An applicant must submit to the sheriff an application 
 7.29 packet consisting only of the following items: 
 7.30 (1) a completed application form, signed and dated by the 
 7.31 applicant; 
 7.32 (2) an accurate photocopy of a the certificate, affidavit, 
 7.33 or other document described in subdivision 2a, paragraph (c), 
 7.34 that is submitted as the applicant's evidence of training in the 
 7.35 safe use of a pistol; and 
 7.36 (3) an accurate photocopy of the applicant's current 
 8.1 driver's license, state identification card, or the photo page 
 8.2 of the applicant's passport. 
 8.3 (d) In addition to the other application materials, a 
 8.4 person who is otherwise ineligible for a permit due to a 
 8.5 criminal conviction but who has obtained a pardon or expungement 
 8.6 setting aside the conviction, sealing the conviction, or 
 8.7 otherwise restoring applicable rights, must submit a copy of the 
 8.8 relevant order. 
 8.9 (e) Applications must be submitted in person. 
 8.10 (f) The sheriff may charge a new application processing fee 
 8.11 in an amount not to exceed the actual and reasonable direct cost 
 8.12 of processing the application or $100, whichever is less. Of 
 8.13 this amount, $10 must be submitted to the commissioner and 
 8.14 deposited into the general fund. 
 8.15 (g) This subdivision prescribes the complete and exclusive 
 8.16 set of items an applicant is required to submit in order to 
 8.17 apply for a new or renewal permit to carry. The applicant must 
 8.18 not be asked or required to submit, voluntarily or 
 8.19 involuntarily, any information, fees, or documentation beyond 
 8.20 that specifically required by this subdivision. This paragraph 
 8.21 does not apply to alternate training evidence accepted by the 
 8.22 sheriff under subdivision 2a, paragraph (d). 
 8.23 (h) Forms for new and renewal applications must be 
 8.24 available at all sheriffs' offices and the commissioner must 
 8.25 make the forms available on the Internet. 
 8.26 (i) Application forms must clearly display a notice that a 
 8.27 permit, if granted, is void and must be immediately returned to 
 8.28 the sheriff if the permit holder is or becomes prohibited by law 
 8.29 from possessing a firearm. The notice must list the applicable 
 8.30 state criminal offenses and civil categories that prohibit a 
 8.31 person from possessing a firearm. 
 8.32 (j) Upon receipt of an application packet and any required 
 8.33 fee, the sheriff must provide a signed receipt indicating the 
 8.34 date of submission. 
 8.35 [EFFECTIVE DATE.] This section is effective the day 
 8.36 following final enactment. 
 9.1 Sec. 7. Minnesota Statutes 2004, section 624.714, 
 9.2 subdivision 8, is amended to read: 
 9.3 Subd. 8. [PERMIT TO CARRY VOIDED.] (a) The permit to carry 
 9.4 is void and must be revoked at the time that the holder becomes 
  9.5 prohibited by law from possessing a firearm, in which event the 
 9.6 holder must return the permit card to the issuing sheriff within 
 9.7 five business days after the holder knows or should know that 
 9.8 the holder is a prohibited person. If a permit is revoked the 
 9.9 sheriff has knowledge that a permit is void under this 
 9.10 subdivision paragraph, the sheriff must give notice to the 
 9.11 permit holder in writing in the same manner as a denial. 
 9.12 Failure of the holder to return the permit within the five days 
 9.13 is a gross misdemeanor unless the court finds that the 
 9.14 circumstances or the physical or mental condition of the permit 
 9.15 holder prevented the holder from complying with the return 
 9.16 requirement. 
 9.17 (b) When a permit holder is convicted of an offense that 
 9.18 prohibits the permit holder from possessing a firearm, the court 
 9.19 must revoke the permit and, if it is available, take possession 
 9.20 of it the permit, if it is available, and send it to the issuing 
 9.21 sheriff. 
 9.22 (c) The sheriff of the county where the application was 
 9.23 submitted, or of the county of the permit holder's current 
 9.24 residence, may file a petition with the district court therein, 
 9.25 for an order revoking a permit to carry on the grounds set forth 
 9.26 in subdivision 6, paragraph (a), clause (3). An order shall be 
 9.27 issued only if the sheriff meets the burden of proof and 
 9.28 criteria set forth in subdivision 12. If the court denies the 
 9.29 petition, the court must award the permit holder reasonable 
 9.30 costs and expenses, including attorney fees. 
 9.31 (d) A permit revocation must be promptly reported to the 
 9.32 issuing sheriff. 
 9.33 [EFFECTIVE DATE.] This section is effective the day 
 9.34 following final enactment. 
 9.35 Sec. 8. Minnesota Statutes 2004, section 624.714, 
 9.36 subdivision 12, is amended to read: 
 10.1 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 
 10.2 person aggrieved by denial or revocation of a permit to carry 
 10.3 may appeal by petition to the district court having jurisdiction 
 10.4 over the county or municipality where the application was 
 10.5  submitted. The petition must list the sheriff as the 
 10.6 respondent. The district court must hold a hearing at the 
 10.7 earliest practicable date and in any event no later than 60 days 
 10.8 following the filing of the petition for review. The court may 
 10.9 not grant or deny any relief before the completion of the 
 10.10 hearing. The record of the hearing must be sealed. The matter 
 10.11 must be heard de novo without a jury. 
 10.12 (b) The court must issue written findings of fact and 
 10.13 conclusions of law regarding the issues submitted by the 
 10.14 parties. The court must issue its writ of mandamus directing 
 10.15 that the permit be issued and order other appropriate relief 
 10.16 unless the sheriff establishes by clear and convincing evidence: 
 10.17 (1) that the applicant is disqualified under the criteria 
 10.18 described in subdivision 2, paragraph (b); or 
 10.19 (2) that there exists a substantial likelihood that the 
 10.20 applicant is a danger to self or the public if authorized to 
 10.21 carry a pistol under a permit. Incidents of alleged criminal 
 10.22 misconduct that are not investigated and documented, and 
 10.23 incidents for which the applicant was charged and acquitted, may 
 10.24 not be considered. 
 10.25 (c) If an applicant is denied a permit on the grounds that 
 10.26 the applicant is listed in the criminal gang investigative data 
 10.27 system under section 299C.091, the person may challenge the 
 10.28 denial, after disclosure under court supervision of the reason 
 10.29 for that listing, based on grounds that the person: 
 10.30 (1) was erroneously identified as a person in the data 
 10.31 system; 
 10.32 (2) was improperly included in the data system according to 
 10.33 the criteria outlined in section 299C.091, subdivision 2, 
 10.34 paragraph (b); or 
 10.35 (3) has demonstrably withdrawn from the activities and 
 10.36 associations that led to inclusion in the data system. 
 11.1 (d) If the court grants a petition brought under paragraph 
 11.2 (a), the court must award the applicant or permit holder 
 11.3 reasonable costs and expenses including attorney fees. 
 11.4 Sec. 9. Minnesota Statutes 2004, section 624.714, 
 11.5 subdivision 17, as reenacted by section 1, is amended to read: 
 11.6 Subd. 17. [POSTING; TRESPASS.] (a) A person carrying a 
 11.7 firearm on or about his or her person or clothes under a permit 
 11.8 or otherwise who remains at a private establishment knowing that 
 11.9 the operator of the establishment or its agent has made a 
 11.10 reasonable request that firearms not be brought into the 
 11.11 establishment may be ordered to leave the premises. A person 
 11.12 who fails to leave when so requested is guilty of a petty 
 11.13 misdemeanor. The fine for a first offense must not exceed $25. 
 11.14 Notwithstanding section 609.531, a firearm carried in violation 
 11.15 of this subdivision is not subject to forfeiture. 
 11.16  (b) As used in this subdivision, the terms in this 
 11.17 paragraph have the meanings given. 
 11.18 (1) "Reasonable request" means a request made under the 
 11.19 following circumstances: 
 11.20 (i) the requester has prominently posted a conspicuous sign 
 11.21 at every entrance to the establishment containing the following 
 11.22 language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE 
 11.23 PREMISES."; and or 
 11.24 (ii) the requester or its the requester's agent personally 
 11.25 informs the person of the posted request that guns are 
 11.26 prohibited in the premises and demands compliance. 
 11.27 (2) "Prominently" means readily visible and within four 
 11.28 feet laterally of the entrance with the bottom of the sign at a 
 11.29 height of four to six feet above the floor. 
 11.30 (3) "Conspicuous" means lettering in black arial typeface 
 11.31 at least 1-1/2 inches in height against a bright contrasting 
 11.32 background that is at least 187 square inches in area. 
 11.33 (4) "Private establishment" means a building, structure, or 
 11.34 portion thereof that is owned, leased, controlled, or operated 
 11.35 by a nongovernmental entity for a nongovernmental purpose. 
 11.36 (c) The owner or operator of a private establishment may 
 12.1 not prohibit the lawful carry or possession of firearms in a 
 12.2 parking facility or parking area. 
 12.3 (d) This subdivision does not apply to private residences. 
 12.4 The lawful possessor of a private residence may prohibit 
 12.5 firearms, and provide notice thereof, in any lawful manner. 
 12.6 (e) A landlord may not restrict the lawful carry or 
 12.7 possession of firearms by tenants or their guests. 
 12.8 (f) Notwithstanding any inconsistent provisions in section 
 12.9 609.605, this subdivision sets forth the exclusive criteria to 
 12.10 notify a permit holder when otherwise lawful firearm possession 
 12.11 is not allowed in a private establishment and sets forth the 
 12.12 exclusive penalty for such activity. 
 12.13 (g) This subdivision does not apply to: 
 12.14 (1) an on-duty active licensed peace officer; or 
 12.15 (2) a security guard acting in the course and scope of 
 12.16 employment. 
 12.17 [EFFECTIVE DATE.] This section is effective the day 
 12.18 following final enactment. 
 12.19 Sec. 10. Minnesota Statutes 2004, section 624.714, is 
 12.20 amended by adding a subdivision to read: 
 12.21 Subd. 24. [PREDATORY OFFENDERS.] Except when acting under 
 12.22 the authority of other law, it is a misdemeanor for a person 
 12.23 required to register by section 243.166 to carry a pistol 
 12.24 whether or not the carrier possesses a permit to carry issued 
 12.25 under this section. If an action prohibited by this subdivision 
 12.26 is also a violation of another law, the violation may be 
 12.27 prosecuted under either law. 
 12.28 Sec. 11. [ADOPTION OF STANDARDS.] 
 12.29 By October 1, 2005, the Department of Public Safety shall 
 12.30 adopt and publish minimum standards that organizations and 
 12.31 government entities must meet to certify individuals as 
 12.32 certified firearms instructors under Minnesota Statutes, section 
 12.33 624.714, subdivision 2a, paragraph (d). 
 12.34 [EFFECTIVE DATE.] This section is effective the day 
 12.35 following final enactment.

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Minnesota Statutes 2004, 624.714

Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.

 
Minnesota Statutes 2004, Table of Chapters 
 
Table of contents for Chapter 624 
 
 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. 
 
 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; or 
 
 (viii) 629.72, subdivision 2; 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) A person qualifies as a certified instructor if the 
 person is certified as a firearms instructor within the past 
 five years by: 
 
 (1) the Bureau of Criminal Apprehension, Training and 
 Development Section; 
 
 (2) the Minnesota Association of Law Enforcement Firearms 
 Instructors; 
 
 (3) the National Rifle Association; 
 
 (4) the American Association of Certified Firearms 
 Instructors; 
 
 (5) the Peace Officer Standards and Training Board of this 
 state or a similar agency of another state that certifies 
 firearms instructors; or 
 
 (6) the Department of Public Safety of this state or a 
 similar agency of another state that certifies firearms 
 instructors. 
 
 (d) 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) all states of residence of the applicant in the last 
 ten years, though not including specific addresses; 
 
 (4) 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 
 
 (5) 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 (4), 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 a certificate, affidavit, or 
 other document 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 and must be revoked 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 a permit 
 is revoked under this subdivision, 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 revoke the permit and, if it is available, take possession 
 of it 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