Article I of this bill makes
various changes to the laws regulating DNR policies, practices, licensing,
reciprocity agreements, and administration.
Article II of this bill
establishes a “shall issue” policy for permits to carry a pistol in
public. Essentially, it reverses the
presumption on the issuance of permits to carry a pistol. Under current law, a person must demonstrate
“an occupation or personal safety hazard” that requires a permit. Issuance of a permit is discretionary and a
permit may be limited in its scope.
Under the article, a sheriff is required to issue a permit to a person
unless the person is disqualified under specific, listed factors.
Article III of this bill imposes
a lifetime ban on firearm possession for persons who commit felony-level crimes
of violence. Under current law, the
possession restriction ends ten years after discharge from sentence for violent
felons. It establishes a process by
which a person can petition the court to restore firearm possession
rights. It modifies the definition of
“crime of violence.” It also makes
other related changes.
Section
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Article 1
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1
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Legislative approval
for fees. Provides that the commissioner of the DNR may establish state
park fees and charges without legislative approval.
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1
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Employees;
delegation. Provides that the commissioner of the DNR may appoint up to
three assistant commissioners. Current law provides for exactly three.
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2
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Contracts and grants
for provision of natural resources services. Authorizes the DNR to enter
into contractual or grant agreements for the provision of DNR services.
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3
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Off-highway motorcycle
safety courses; reciprocity with other states. Authorizes the DNR to enter
into reciprocity agreements with other states regarding off-highway
motorcycle safety education programs or otherwise certify programs from other
states as substantially similar.
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4
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Authority to award
grants. Authorizes the DNR to award grants to private individuals or
organizations.
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5
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Snowmobile
registration. Technical changes to snowmobile
registration procedures.
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6
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All-terrain vehicle
safety courses; reciprocity with other states. Authorizes the DNR to enter
into reciprocity agreements with other states regarding all-terrain vehicle
safety education programs or otherwise certify programs from other states as
substantially similar.
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7
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Snowmobile safety
course certificates issued in other states. Provides that snowmobile
safety courses from other states are equal to in state courses if the DNR
recognizes the course under a reciprocity agreement.
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8
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Boat safety education
program; reciprocity with other states. Authorizes the DNR to enter into
reciprocity agreements with other states regarding boat safety education
programs or otherwise certify programs from other states as substantially
similar.
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9
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Littering; penalty. Makes
technical and clarifying changes to the law prohibiting littering on state
lands and waters.
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10
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Exemption. Provides
that purchases made from the state parks working capital fund are exempt from
competitive bidding.
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11
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Firearms safety
certificate required. Authorizes the DNR to recognize hunter
safety courses from other states as substantially similar to our own even if
there is no reciprocity agreement.
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12
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Watercraft licensing
applications. Technical changes to watercraft licensing
procedures.
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13
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Fines and forfeited
bail. Provides that the commissioner may, as opposed to must,
reimburse counties for certain costs.
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14
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Fish house
identification. Authorizes fish house owners to display
the owner’s DNR license ID number on the outside of a fish house in lieu of
the owner’s name and address or driver’s license number.
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15
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License required. Technical
changes to fish house licensing requirements.
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16
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Dangerous object on
highway. Adds cigarette filters and debris from fireworks to the list of
specific debris that constitutes litter.
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17
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Civil liability
imposed. Conforming change to section 16.
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18
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Littering.
Conforming change.
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19
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Repealer. Repeals a
subdivision of law requiring the DNR to annually compile the laws and rules
relating to wild animals. Repeals a
subpart of rules pertaining to the location required for hanging a fish house
ID tag.
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Article 2
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1
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Pistol permit data.
Conforming amendment to the data practices chapter clarifying that a
sheriff must share certain data on permit holders with the department of
public safety (DPS).
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2
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Possession on school property. Provides
that it is a misdemeanor for a person with a permit to carry a pistol to
carry on school property. An
exception is made for permit holders while in a motor vehicle or while
placing a firearm in, or retrieving it from, the trunk of a vehicle. Provides that a violation does not subject
the firearm to forfeiture. Also makes
the following changes:
► Provides that, in
relation to the current law prohibiting possession of dangerous weapons on
school property, a person must know he or she is on school property to be
guilty of the crime.
► The definition of school
property is clarified and expanded, specifically including buildings under
temporary school control. Also adds
child care centers to the definition.
► Certain other exceptions
in current law, such as having written permission from the principal, also
apply and have been modified.
► Provides that a school
district may not regulate firearms carried by non-students or non-employees
in a manner inconsistent with this subdivision.
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3
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Commissioner. Defines “commissioner” as the
commissioner of public safety for the carry permit section, and related
sections, of law.
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4
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Permit required; penalty.
(a) Similar
to current law. Provides that a
person may not carry a pistol in a public place without a permit to do
so. Does not apply to law enforcement
officers. Provides that a violation
is a gross misdemeanor. Second and
subsequent violations are felonies.
(Note: current law provides certain exceptions to the general
prohibition, such as carrying a pistol from the place of purchase to
home. This article does not change
the exceptions.)
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5
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Display of permit; penalty. (a)
Requires permit holders to have the permit card and other government issued
photo-ID in possession at all times when carrying a pistol. Permit holders must show the card and
other ID to a peace officer upon lawful demand. Provides that a violation is a petty misdemeanor. The fine for a first offense must not
exceed $25. Provides that a firearm
is not subject to forfeiture for violating this paragraph.
(b)
Provides that a citation must be dismissed if a person demonstrates that he
or she had a valid permit at the time of the alleged violation.
(c)
Requires a permit holder to provide a sample signature to aid in
identification.
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6
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Where
application made; authority to issue permit; criteria; scope. (a) Vests authority to issue permits
with sheriffs. Residents apply to the
sheriff in the county where the person resides. Nonresidents may apply to any sheriff.
(b)
Provides that a permit must be issued if a person:
► has
training in the safe use of a pistol,
► is
at least 21 and a citizen or permanent resident of the U.S.,
► completes
a permit application,
► is
not otherwise prohibited from possessing a firearm under law, and
► is
not listed in the criminal gang investigative data system.
(A
more detailed list of persons ineligible for a permit to carry a pistol under
this article is included at the end of this summary.)
(c)
Provides that a permit is a statewide permit.
(d)
Allows a sheriff to contract with a police chief to issue permits.
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7
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Training
in the safe use of a pistol. (a)
Requires an applicant to present evidence of being trained in the safe use of
a pistol within one year of an original or renewal application. Training may be demonstrated by employment
as a peace officer in Minnesota within the past year or completion of a basic
training course conducted by a certified instructor.
(b)
Basic training must include:
► instruction
in the fundamentals of pistol use,
► successful
completion of a shooting exercise, and
► legal
instruction on pistol possession, carry, and use, including self-defense.
(c)
Instructors may be certified within the last five years. The following organizations may certify
instructors:
► the
bureau of criminal apprehension, training and development section
► the
Minnesota Association of Law Enforcement Firearms Instructors
► the
National Rifle Association
► the
American Association of Certified Firearms Instructors
► the
POST board or a similar agency of another state, and
► the
DPS or a similar agency of another state.
(d)
Requires a sheriff to accept the training described in this subdivision. Allows a sheriff to accept other satisfactory
evidence of training in the safe use of a pistol.
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8
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Form
and contents of application. (a)
Requires applications to be on a standard form. Provides that only information required by statute may be
requested on the form. In addition to
items such as name and date of birth, requires an applicant to list all
states of residence in the last ten years, requires authorizing the release
of civil commitment information, and requires an applicant to state that, to
the best of the applicant's knowledge, he or she is not prohibited from
possessing a firearm.
(c)
Outlines the required contents of an application packet:
► a
signed and dated application
► documentation
of pistol training, and
► an
accurate photocopy of government issued ID.
(d)
Applicants who would otherwise be ineligible for a permit due to a criminal
conviction, but whose rights are restored by court order or pardon, must
submit a copy of the relevant order with the application.
(e)
Requires applications to be submitted in person.
(f)
Sets the application fee at actual cost or $100, whichever is less. Of that amount $10 is transferred to the
state general fund to cover the state costs of permitting. [Note, however,
that under section 32 of this article the amount transferred to the
general fund is $21.50 until July1, 2004.]
(g)
Provides that no additional information or fees may be required of an
applicant.
(h)
Requires sheriffs to make new and renewal applications available. Requires DPS to make forms available on
the internet.
(i)
Requires application forms to display a notice that a permit is void if the
permit holder becomes prohibited from possessing a firearm. Requires the notice to list applicable
criminal offenses and civil categories.
(j) Requires
sheriffs to provide a signed receipt when an application is filed.
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9
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Investigation. (a) Requires sheriffs to conduct
background checks on applicants by electronic means in state databases and
the federal National Instant Check System.
The sheriff must also make a reasonable effort to check other
available, relevant databases.
(b)
Requires the sheriff to notify the police chief, if any, of the municipality
where the applicant resides. The
chief may supply the sheriff with information relevant to permit issuance.
(c)
Requires sheriffs to update background checks yearly. Allows additional checks at any time.
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10
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Granting
and denial of permits. (a)
Requires a sheriff to act on a permit application within 30 days. Provides that, in addition to denial for
failing to meet the requirements under section 6, a permit may be denied if there is a substantial
likelihood that the applicant is a danger to self or the public if given a
permit to carry a pistol.
(b)
Provides that the failure to notify an applicant of a denial constitutes the
issuance of a permit. Requires
denials to be in writing and to set forth a factual basis for the
denial. Provides procedures for
reconsideration.
(c)
Requires sheriffs to provide laminated permit cards. Requires the sheriff to notify DPS to
include the permit holder in the state database.
(d)
Requires sheriffs to notify DPS when a permit is suspended or revoked.
(e)
Allows the sheriff to suspend the application process if certain charges are
pending against the applicant.
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11
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Permit
card contents; expiration; renewal.
(a) Requires permit cards to be uniform. Specifies the information that must be present on permit cards.
(b)
Requires permit cards to identify the issuing sheriff and state an expiration
date. Requires permit cards to display a notice that a permit is void and
must be returned if the permit holder becomes ineligible to possess a
firearm.
(c)
Provides that permits expire after five years. Provides that permits may be renewed under the same criteria as
an original permit, subject to certain renewal procedures. The renewal fee is actual costs, but not
to exceed $75. Of that, $5 is
submitted to DPS and deposited in the general fund.
(d)
Provides that a renewal permit is effective on the day the prior permit
expires.
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12
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Change
of address; loss or destruction of permit. (a) Requires permit holders to notify the sheriff within 30
days of changing address, or losing or destroying a permit card. Provides that a violation is a petty
misdemeanor and the fine for a first offense may not exceed $25. Provides that a firearm is not subject to
forfeiture for a violation.
(b)
Provides for replacement of permit cards upon change of address, loss, or
destruction. Provides for a $10
fee. Requires completion of a
specialized application and a notarized statement if the card was lost or
destroyed.
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13
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Permit
to carry voided. (a) Similar to
current law. Provides that a permit
is void and must be revoked if a permit holder becomes ineligible to possess
a firearm. Requires the permit holder
to return the permit card.
(b)
Requires the court to take possession of a permit card if the permit holder
is convicted of a disqualifying offense.
(c)
Allows the issuing sheriff or the sheriff of the county of current residence
to petition for the revocation of a permit if the sheriff believes the permit
holder has demonstrated dangerousness to the public. If the sheriff’s petition is denied, the sheriff
must pay the permit holder’s costs and attorney fees.
(d)
Requires permit revocations to be promptly reported to the issuing sheriff.
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14
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Prosecutor’s
duty. Requires prosecutor's to
determine whether a person charged with a disqualifying offense is a permit
holder. If the defendant is a permit
holder, the prosecutor must notify the sheriff of the charges and the final
disposition of the case. (Section 18 of the article governs the suspension of the permit
as a condition of release.)
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15
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False
representations. Amends current
law to provide that false information given in an application must be
material to constitute a criminal violation.
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16
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Emergency
issuance of permits. Allows a sheriff
to issue an emergency permit to a person when the person's safety is at
immediate risk. Requires completion
of an application and affidavit. Does
not require evidence of training.
Provides that an emergency permit is valid for 30 days, may not be
renewed, and may be revoked without a hearing. Prohibits a fee.
Provides that an emergency permit holder may seek a regular permit
subject to the regular procedures.
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17
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Hearing
upon denial or revocation. (a)
Allows an applicant to appeal the denial or revocation of a permit. The sheriff is the respondent. The court must hold a hearing as soon as
possible, but not later than 60 days.
Requires the record to be sealed.
(b)
Requires the court to order issuance of a permit unless the sheriff establishes
by clear and convincing evidence that the applicant does not meet the basic
statutory criteria (e.g.; 21 years old, trained in the use of a pistol) or
that there is a substantial likelihood that the applicant is a danger to self
or the public if authorized to carry a pistol. The court must issue written findings and conclusions of
law. Incidents of alleged criminal
misconduct that were not investigated and documented, and incidents for which
the applicant was acquitted, may not be considered.
(c)
If a person is denied a permit for being in the BCA gang database, the person
may appeal on the grounds of misidentification, improper inclusion, or by
showing withdrawal from gang activities.
(d)
Requires the court to award costs and attorney fees to a successful
applicant.
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18
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Suspension
as condition of release. Allows
the court to suspend a permit as a condition of release pursuant to the same
criteria as the surrender of firearms under Minn. Stat. ' 629.715 if a permit
holder is charged with a violent crime.
The court must report a suspension to the issuing sheriff or to DPS.
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19
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Records. (a) Prohibits a sheriff from maintaining
permit application data not necessary to support an outstanding permit. Requires sheriffs to purge unnecessary information
yearly.
(b)
Notwithstanding paragraph (a), information on a permit holder whose permit
was denied or revoked for cause may be kept for six years.
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20
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Commissioner
of public safety; contracts. Requires
DPS to maintain a database of persons with valid carry permits. Provides that DPS may also maintain a
separate database of persons who were denied permits or who had permit
revoked. Allows DPS to contract with
an outside source to fulfill this duty.
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21
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Recognition
of permits from other states. (a)
Requires DPS to establish and publish a list of states that have laws
governing carry permits that are not substantially similar to
Minnesota's. A person with a license or
permit from a state not on the list may use it in Minnesota subject to
Minnesota law.
(b)
Notwithstanding paragraph (a), provides that an out of state permit is not
valid if the permit holder is, or becomes, prohibited from possessing a
firearm.
(c)
Provides that a sheriff may file a petition against an out of state permit
holder under section 17 of the article.
(d)
Requires DPS to execute reciprocity agreements with other states when
necessary.
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22
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Posting; Trespass. (a) Establishes a petty misdemeanor
offense for failing to leave private property while possessing a firearm if
the property is posted and the owner asks the person to leave.
(b) Defines “reasonable
request,” “prominently,” “conspicuously,” and “private establishment.” Provides specific requirements for signs.
(c) Provides that
owners or operators of private property may not restrict the lawful
possession of firearms in a parking area or facility.
(d) Provides that this
section does not apply to private residences. The possessor of a private residence may prohibit firearms in
any lawful manner.
(e) Provides that a
landlord may not restrict the lawful possession of firearms by tenants or
their guests.
(f) Provides that this
section overrides any policies relating to similar conduct in the trespass
law.
(g) Provides an
exception for on-duty police officers and security guards.
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23
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Employers; public
colleges and universities.
Clarifies that public and private employers may establish policies
that restrict firearm possession by their employees. Provides that a public college or
university may establish a policy that restricts firearm possession by its
students while on campus. Prohibits
employers and public colleges from restricting the lawful possession of
firearms in parking areas and facilities.
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24
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Immunity. Provides immunity to sheriffs, sheriff's
employees, and certified instructors for acts committed by permit holders, unless
the sheriff, employee, or instructor had actual knowledge that an applicant
was disqualified from possessing a pistol.
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25
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Monitoring. Requires DPS to annually report to the
legislature on permits to carry pistols.
Requires sheriffs to supply necessary information to DPS. Provides that copies of reports must be
available to the public for the cost of duplication. Provides that nothing in this law requires
or allows the registration of firearms.
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26
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Use of fees. Provides that permit fees may only be used
to pay costs related to permits, specifically including any attorney fees the
sheriff is ordered to pay on behalf of applicants and the reasonable costs of
the county attorney. Requires fee
money to be maintained in a segregated fund.
Requires sheriffs to report to the commissioner annually on fund
revenues, expenditures, and balances.
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27
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Short title;
construction; severability.
Minnesota Citizens’ Personal Protection Act of 2003. Makes certain legislative declarations
regarding intent and construction.
Provides that if one section is deemed invalid, the remaining sections
are not invalid.
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28
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Exclusivity. Provides that no additional or different
criteria or procedures for the issuance of permits to carry pistols may be utilized
and provides that no other government official may limit permits in any way.
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29
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Carrying while under
the influence of alcohol or a controlled substance.
Subd.
1. Acts prohibited. Prohibits carrying a pistol in public when
under the influence of a controlled substance, a hazardous substance,
alcohol, or a combination. Prohibits
carrying when the person’s alcohol concentration (AC) is .10 or more, or when
AC is between .04 and .10. (A
distinction is made between .04 and .10 because different penalties apply
depending on the AC level.)
Subd. 2. Arrest.
An arrest for a violation of subd. 1 may be made upon probable cause,
without regard to whether it was committed in the officer’s presence.
Subd.
3. Preliminary screening test. Provides that an officer with reason to
believe a person has violated subd. 1 may require the person to provide a
breath sample for an in-field screening test. The results may be used to determine whether an arrest should
be made and further testing required.
The results of the preliminary test have limited admissibility in
court.
Subd. 4. Evidence.
Provides that admission of evidence relating to a person’s AC is
governed by section 169A.45 (in Minnesota’s DWI laws).
Subd.
5. Suspension. Provides the court may suspend a person’s
authority to carry a pistol as a condition of release for a violation of this
section.
Subd. 6. Penalties.
(a) and (c) Provides that a violation for AC over .10 or a controlled
or hazardous substance is a misdemeanor.
A second violation is a gross misdemeanor. Provides that the authority
to carry a pistol is revoked and the person may not reapply for 1 year.
(b) and (d) A
violation for AC of .04 to .10 is a misdemeanor. The maximum penalty is not increased for subsequent
violations. The authority to carry a
pistol is suspended for 180 days.
(e) Provides that
for a violation with a AC of .04 to .10, a firearm is not subject to
forfeiture.
Subd.
7. Reporting. Provides that suspensions and revocations must
be reported to the sheriff or to DPS.
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30
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Chemical testing.
Subd.
1. Mandatory chemical testing. Requires a person carrying a pistol in
public to submit to a chemical test when an officer has probable cause to
believe the person violated section 29 and the person was arrested, the person was
involved in a firearms-related accident, the person refused a preliminary
screening test, or the screening test indicated a AC of .04 or more.
Subd. 2. Penalties; refusal; revocation. Provides that if a person refuses to take
a test, a court may impose a civil penalty of $500 and may revoke the
authority to carry a pistol in public for one year. Provides that the person must be given notice and an
opportunity to be heard.
Subd.
3. Rights and obligations. Lists certain things about which a person
must be informed when a test is requested.
Subd. 4. Requirement of blood or urine test. Provides that a blood or urine test may be
required after a blood test if there is reason to believe the person is
impaired by a controlled substance.
Subd.
5. Chemical tests. Chemical tests are governed by section
169A.51 (in Minnesota’s DWI laws).
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31
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Appropriation. Appropriates $1,071,000 in FY 2004 and
$119,000 in FY 2005 from the general fund to DPS for implementation. Provides that money not spent in FY 2004
carries over to FY 2005.
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32
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Temporary fee
provision. Provides that until July
1, 2004, $21.50 of a permit fee goes to the general fund to cover DPS
start-up costs. After July 1, 2004,
the amount of the transfer per permit reverts to $10 (see section 6,
paragraph (f)).
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33
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Grandfather clause. Provides that current permits remain valid
until they expire.
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34
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Revisor’s
instruction. Instructs the
Revisor to change the term “commissioner of public safety” to “commissioner”
in the laws relating to carry permits.
“Commissioner” is defined in section 3 of the article.
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35
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Repealer. Repeals sections of law that are replaced
by sections in this article.
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36
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Effective date. The effective date for the article is 30
days after final enactment, except that the commissioner of public safety must
promulgate the list required under section 21 within 60 days of final enactment and the database
required in section 20 must be operational within 180 days of the effective
date.
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Article 3
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1
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Crimes of violence; ineligibility
to possess firearms. Conforming change relating to orders of
discharge from a criminal sentence.
Provides that orders of discharge for persons who committed crimes of
violence must state that the person is not entitled to possess firearms for
the remainder of the person’s lifetime, unless the right is specially
restored.
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2
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Juvenile
adjudications. Conforming change relating to juveniles
adjudicated delinquent for, or extended jurisdiction juveniles convicted of,
crimes of violence. Provides that
such persons may not possess firearms for the remainder of the person’s
lifetime, unless the right is specially restored.
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3
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Certain convicted
felons ineligible to possess firearms. Conforming change again providing that an
order of discharge from a criminal sentence must state that a person
convicted of a crime of violence must not possess a firearm for the remainder
of the person’s lifetime, unless the right is specially restored.
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4
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Violation and
penalty. Provides that it is a felony for a person convicted of a crime
of violence to ship, transport, possess, or receive a firearm. No time limit applies. Under current law, the prohibition ends
ten years after discharge from sentence.
Clarifies that a conviction under this section bars a conviction for
the same conduct under section 624.713, subdivision 2, since constitutional
provisions prohibiting double jeopardy would apply. Provides that the penalty does not apply to a person whose
rights are specially restored.
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5
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Judicial restoration
of ability to possess a firearm by a felon. Establishes a process for a
person prohibited by state law from possessing a firearm to petition a court
to restore the right. Allows the
court to grant relief if the person shows good cause to do so and the person
has been released from physical confinement.
If a petition is denied, a person may not re-petition for three years,
unless the court allows otherwise.
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6
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Order concerning
crimes of violence. Conforming change relating the expungement
process. Under current law, an
expungement for a crime of violence still does not restore firearm possession
rights. This extends that policy to a
lifetime ban for crimes of violence, unless rights are specially restored.
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7
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Crime of violence. Modifies
the definition of “crime of violence”.
Removes from the definition all gross misdemeanor and misdemeanor
offenses that were previously included.
Provides that felony convictions for the stated offenses are “crimes
of violence.” Note that the gross
misdemeanor offenses removed from the definition are addressed by some of the
changes in the following section.
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8
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Ineligible persons. This
section of law provides a list of persons who are ineligible to possess
certain firearms. There are three
primary changes to this section from current law.
First, for persons who
commit crimes of violence, the ten-year limit on firearm possession
restrictions is removed, leaving instead a lifetime ban.
Second, the gross
misdemeanor offenses that were removed from the crime of violence definition
are reinserted here. Provides that
persons who commit these gross misdemeanor offenses may not possess a firearm
for three years from the date of conviction.
A violation is a gross misdemeanor.
Third, it provides that the
lifetime prohibition for crime of violence offenders applies to offenders
discharged from sentence on or after August 1, 1993. The practical effect of this provision is
that a person whose right to possess a firearm was restored prior to
the effective date of this legislation will not have that right taken
away. However, if a person’s right to
possess a firearm was not yet restored, the possession ban will
continue for life (or at least until the person has his or her rights
specially restored).
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9
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Penalties. Modifies
the penalty section relating to violations of section 8. Provides
that violations do not apply to persons whose rights are specially restored
by either court order or under a certain federal provision.
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10
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Notice.
Conforming change. Requires
the court to notify an offender when the person is prohibited from possessing
a pistol for life.
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11
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Pardons. Makes a
policy change relating to the board of pardons. Removes the presumption that a person receiving a pardon for a
crime of violence may nevertheless not possess firearms “unless the board
expressly provides otherwise in writing by unanimous vote”.
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12
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Effective date. Sections
1 to 11 are effective August 1, 2003.
Provides that the lifetime ban on firearm possession for violent
felons applies to offenders discharged from sentence on or after August 1,
1993.
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