Senate Counsel & Research |
State of Minnesota |
| S.F. No. 222 - Permits to Carry Pistols (as amended by Author's Delete-Everything Amendment - SCS0222A15) | |
| Author: | Senator Pat Pariseau |
| Prepared by: | Kenneth P. Backhus, Senate Counsel (651/296-4396) |
| Date: | March 16, 2003 |
Section 1 adds a subdivision in the data practices law requiring that data on permit holders be shared as required in section 10 (where sheriffs are required to submit certain information to the Commissioner of Public Safety).
Section 2 makes it a petty misdemeanor for a person authorized to carry under a permit or otherwise to do so in a location that the person knows is school property. Provides an exception for permit holders while in a motor vehicle or outside of one while placing or retrieving a pistol from the vehicle. Amends the current felony crime related to, among other things, possessing a dangerous weapon on school property to require that the offender commit the prohibited act while knowingly on school property. Amends the definition of school property, which is applicable both to the new petty misdemeanor offense and the current felony and gross misdemeanor offenses, both broadening it by adding child care centers and limiting it in other ways.
Section 3 adds a definition to the gun laws. Defines "commissioner" to mean the Commissioner of Public Safety.
Section 4 recodifies (while making minor changes) the current penalty for persons who possess pistols in public places (now a defined term) without first having obtained a permit to carry. The current criminal penalty for this conduct is repealed in section 33. Of note, does not include the current misdemeanor penalty for permit holders who engage in activities other than those for which the permit was issued. Under this bill, a sheriff will not be able to limit the activities for which a permit is valid.
Section 5 requires a permit holder to have the permit card and specified identification in immediate possession at all times when carrying a pistol and to display both upon lawful demand of a peace officer. Failure to do this is a petty misdemeanor with a maximum fine on a first offense of $25. However, provides that a citation for violating this provision must be dismissed if the person demonstrates that the person was authorized to carry at the time of the violation. Also authorizes a peace officer to require a permit holder to write a sample signature to assist in verifying the person's identity.
Section 6 provides sheriffs with the sole authority to issue permits to carry pistols (currently the issuing authority is the police chief of the local police department where the applicant resides, or if there is no local police department, the county sheriff) and requires them to issue one if the applicant:
Specifies that a permit is effective throughout the state. Provides that nonresidents may apply to any sheriff for a permit. Authorizes sheriffs to contract with police chiefs to process applications.
Section 7 requires an applicant to present evidence that the applicant has received training in the safe use of a pistol within the four-year period preceding the application. Specifies how the training may be demonstrated, what it must include, and how a person may qualify as a certified instructor to provide the training.
Section 8 requires that permit applications be on an official standardized application form and specifies what the form must include. Authorizes a sheriff to charge a new application processing fee in an amount not to exceed the actual and reasonable direct cost of processing the application or $40, whichever is less (of this amount, $10 must be deposited into the general fund). Provides that the described items are the complete and exclusive set of items that an applicant is required to submit. Prohibits an applicant from being asked to provide additional information, fees, or documentation. Requires application forms to be available at all sheriff's offices and on the Internet. Requires applications to be submitted in person.
Section 9 specifies the background check that a sheriff must conduct on applicants. Requires sheriffs to conduct a background check on permit holders at least yearly to ensure continuing eligibility and authorizes sheriffs to conduct additional background checks any time during the period that a permit is in effect. These checks must be conducted through electronic data transfers. Requires that sheriffs notify the police chief where the applicant resides, if any, of the application. Authorizes police chiefs to provide sheriffs with any information deemed relevant to the issuance of a permit.
Section 10 requires that within 15 business days after receipt of an application packet, a sheriff must:
Provides that failure to notify the applicant of a permit denial constitutes issuance of the permit and requires sheriffs in these cases to deliver a permit to the applicant. Requires sheriffs who deny permits to provide written notification of the specific factual basis for the denial and inform the applicant of the right to submit additional documentation. Provides a process for reconsideration of a denial upon the providing of additional documentation.
Provides for the issuance of a laminated permit card for applicants granted permits. Authorizes sheriffs to suspend the application process if certain criminal charges are pending against an applicant.
Section 11 describes the content of the permit cards that would be issued to permit holders. Provides that permits expire after four years. Describes the renewal procedure. The renewal processing fee may not exceed the actual and reasonable direct cost of processing the application or $30, whichever is less (of this amount, $5 must be deposited into the general fund). A late fee of $10 may be charged for renewals submitted after the permit's expiration, but within 30 days of the expiration.
Section 12 requires that a permit holder notify the issuing sheriff within 30 days of a change in permanent address or a loss or destruction of the permit card. Failure to do so is a petty misdemeanor with a maximum fine on a first offense of $25. Describes the procedure for replacing a permit card.
Section 13 provides that a permit is void and must be revoked if the permit holder becomes prohibited by law from possessing a firearm and requires a permit holder who knows or should know that the holder is prohibited to return the permit card to the issuing sheriff. Requires a sheriff to give written notice to a permit holder when a permit is revoked. Requires courts to revoke and take possession of permits, if available, when a permit holder is convicted of an offense that prohibits the permit holder from possessing a firearm. Also authorizes the sheriff of the county where the application was submitted or of the county where the permit holder resides to file a petition in court for an order revoking a permit to carry on the grounds that there exists a substantial likelihood that the applicant may be dangerous to the public (see section 17 for more information on this issue).
Section 14 requires prosecutors who charge a person with an offense that would disqualify the person from possessing a firearm to determine whether the person is a permit holder and if so, to notify the issuing sheriff that the person has been charged with such an offense. Also requires prosecutors to notify the sheriff of the case's final disposition.
Section 15 amends the current criminal penalty for providing false information when applying for a permit to restrict it to persons who provide false material information.
Section 16 authorizes sheriffs to issue emergency permits to persons in situations that may constitute an immediate risk to the safety of the person or someone residing in the person's household. Specifies the process for the emergency permit.
Section 17 specifies the process whereby a person who was denied a permit or who had a permit revoked may challenge the action in court. Requires a court to hold a hearing and to issue a permit unless the sheriff establishes by clear and convincing evidence that either the person was disqualified under the statutory criteria from being issued a permit or that there exists a substantial likelihood that the applicant is dangerous to the public if authorized to carry a pistol under a permit. Specifies that the applicant's dangerousness to the public may only be established by the applicant's criminal or noncriminal history within the past three years, including at least:
Specifies how an applicant denied a permit on the grounds of being dangerous to the public because of being listed in a criminal gang investigative data system may challenge the denial. If the applicant prevails under this section, the court must award reasonable costs and expenses, including attorney fees, to the person.
Section 18 authorizes courts to suspend the permit application process or a permit as a condition of release of a person charged with a violent crime under the same criteria that applies to the surrender of firearms under current law. Requires a permit suspension to be reported to law enforcement.
Section 19 prohibits sheriffs from maintaining records or data concerning permit applications not necessary to support a permit that is outstanding or eligible for renewal. Requires the annual purging of records of persons who no longer hold a permit or are not currently eligible to renew one, except in certain cases.
Section 20 requires the Commissioner of Public Safety to maintain an automated database of persons authorized to carry pistols that is available at all times to law enforcement agencies and prosecutors to verify permit status. Also authorizes the commissioner to maintain a separate automated database of denied and revoked permits available only to sheriffs performing their duties under the permitting law.
Section 21 requires the Commissioner of Public Safety to annually establish and publish a list of states having laws governing the issuance of permits that are not substantially similar to Minnesota law. A person holding a license or permit from a state not on the list may use the license or permit in this state. However, if the holder is or becomes prohibited by law from possessing a firearm, the license or permit is not valid. Authorizes a sheriff to file a court petition under section 17 for out-of-state permit holders or licensees. Also requires the commissioner to execute reciprocity agreements regarding permits with other states.
Section 22 provides immunity for sheriffs, police chiefs, sheriffs' or police chiefs' employees, and certified instructors for damages resulting or arising from acts with firearms committed by permit holders. This immunity does not apply if the person had actual knowledge that the applicant was disqualified by law from possessing a firearm.
Section 23 requires the Commissioner of Public Safety to annually report to the Legislature specified information regarding permits and permit holders. Requires sheriffs and police chiefs to supply basic data to enable the Commissioner to complete the reports. Specifies that nothing in this section requires or authorizes the registration, documentation, collection, or providing of serial numbers or other data on firearms or on firearms owners.
Section 24 provides that the fees collected by a sheriff under the pistol permit law that are not deposited in the general fund must be used only to pay the direct costs of administering the law. Specifies that the money can be used to pay the costs of appeals in which the sheriff does not prevail. Requires the fees to be kept in a segregated fund and that the sheriff annually report to the Commissioner of Public Safety on the use of the funds.
Section 25 provides that the pistol permit law (as amended in this bill) may be cited as the Minnesota Citizens' Personal Protection Act of 2003. Also provides that the Legislature recognizes that the second amendment of the federal Constitution guarantees the fundamental, individual right to keep and bear arms and that the provisions of the law are necessary to accomplish compelling state interests.
Section 26 provides that the pistol permit law (as amended in this bill) sets forth the complete and exclusive criteria and procedures for the issuance of permits and establishes their nature and scope and that no one can change or supplement this.
Section 27 prohibits a person from carrying a pistol in public when the person is impaired. Specifies what constitutes impairment. Impairment under this section is similar but not identical to the driving and hunting while impaired laws. Most impairment violations are misdemeanors, with repeat offenses generally being gross misdemeanors. However, impairment violations by persons with alcohol concentrations of less than 0.10 but more than 0.04 are petty misdemeanors and repeat violations within a year are misdemeanors. Provides for the revocation or suspension of permits for impaired offenders. Revocations are for a one-year period. However, impaired offenders with an alcohol concentration of less than 0.10 but more than 0.04 face a 60-day suspension period, while repeat offenders of this provision face 180-day suspensions. Also specifies the procedures and rules for preliminary screening tests, admission of evidence, suspension of permits, and peace officer arrest authority for impairment violations. These procedures and rules are similar to those in the driving and hunting while impaired laws.
Section 28 provides that persons who carry pistols in public are required to submit to chemical tests to determine the presence and amount of alcohol or controlled substances. Specifies when such tests may be taken, the procedures for the tests, the rights of persons who are subject to being tested, and the consequences for refusing a test. This language is similar to the driving and hunting while impaired laws. An individual who refuses a chemical test faces a civil penalty of $500 and a one-year permit revocation. Test refusal is not a crime.
Section 29 appropriates $1.071 million for fiscal year 2004 and $119,000 for fiscal year 2005 to the Commissioner of Public Safety to implement this bill.
Section 30 sets a temporary permit fee of $50 through June 30, 2004, and requires that sheriffs forward $21.50 of that amount for deposit into the general fund.
Section 31 clarifies that permits issued before the effective date of the bill remain in effect and are valid until expiration.
Section 32 requires the revisor to make technical changes related to the use of commissioner in the gun laws (this is related to section 3).
Section 33 repeals two provisions of the pistol permit law that are superceded by the bill.
Section 34 makes the bill effective 30 days after final enactment but requires the Commissioner of Public Safety to promulgate the list under section 21 within 60 days of final enactment. Requires the database created in section 20 to be operational within 180 days of final enactment.
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