1.1 	A bill for an act
1.2 	relating to public safety; enacting the Minnesota
1.3 	Public Protection Act of 2005; authorizing concealed
1.4 	carry permits for pistols; providing eligibility
1.5 	requirements for permits; requiring chief law
1.6 	enforcement officers to grant or deny permits;
1.7 	providing for applicant investigations, fees, pistol
1.8 	training, renewal, and other concealed carry permit
1.9 	system requirements; providing that an applicant who
1.10 	has been denied a permit may appeal to a petition
1.11 	review board; repealing the Minnesota Citizens'
1.12 	Personal Protection Act of 2003; imposing criminal
1.13 	penalties; proposing coding for new law in Minnesota
1.14 	Statutes, chapter 624; repealing Minnesota Statutes
1.15 	2004, sections 13.87, subdivision 2; 609.66,
1.16 	subdivision 1d; 624.714; 624.7142; 624.7143.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	Section 1. [624.7145] CARRYING OF WEAPONS WITHOUT PERMIT;
1.19 	PENALTIES; PROCEDURES.
1.20 		Subdivision 1.Definitions. (a) The terms defined in
1.21 	this subdivision apply to this section.
1.22 	(b) "Concealed carry" means carrying or wearing not more
1.23 	than one permitted concealed pistol and any accessories in a
1.24 	secure manner reasonably calculated to entirely hide the weapon
1.25 	from public view and to prevent accidental dropping or discharge.
1.26 	(c) "Concealed carry permit" means a permit to carry not
1.27 	more than one concealed pistol granted by the applicable chief
1.28 	law enforcement officer to a qualified applicant as set forth in
1.29 	this section.  A permit to carry a concealed pistol issued by
1.30 	the chief law enforcement officer is valid throughout Minnesota,
1.31 	subject to the restrictions enumerated in this section.
2.1 	(d) "Chief law enforcement officer" means either the chief
2.2 	of police of an organized full-time municipality where the
2.3 	applicant resides or the county sheriff where there is no local
2.4 	chief of police where the applicant resides.  The chief law
2.5 	enforcement officer may assign a designee, so long as the
2.6 	designee is a full-time, certified peace officer employed within
2.7 	the same department.
2.8 		Subd. 2.Penalties for carrying a pistol without a
2.9 	permit. (a) A person, other than a licensed peace officer or
2.10 	authorized military personnel, who carries, holds, or possesses
2.11 	a pistol on or about the person's clothing or the person, or
2.12 	otherwise in possession or control in a public place as defined
2.13 	in section 624.7181, subdivision 1, paragraph (c), without first
2.14 	having obtained a concealed carry permit, is guilty of a gross
2.15 	misdemeanor.  A person who is convicted of a second or
2.16 	subsequent offense is guilty of a felony, and may be sentenced
2.17 	to imprisonment for not more than two years or a fine of $5,000,
2.18 	or both.
2.19 	(b) The holder of a concealed carry permit must have the
2.20 	permit card and matching government-issued photo identification
2.21 	in immediate possession at all times when carrying a pistol and
2.22 	must display them upon lawful demand by a peace officer.
2.23 	(1) A violation of this paragraph is a misdemeanor,
2.24 	punishable by a fine of not less than $200.
2.25 	(2) A person who is convicted of a second offense is guilty
2.26 	of a gross misdemeanor.
2.27 	(c) A person granted a permit to carry a weapon, upon a
2.28 	traffic stop, upon any accident scene, or upon any detainment or
2.29 	presence by police officers for the purpose of investigating,
2.30 	must announce to the officer in charge that the person possesses
2.31 	a permit and whether that person is carrying a weapon.
2.32 	Authority to disarm without cause is granted to any licensed
2.33 	peace officer.
2.34 	(d) A person having a permit to carry a weapon must conceal
2.35 	the weapon from public view.  Exposing the weapon to view by
2.36 	another person except at the request of a public safety officer
3.1 	or in the instance of clear and present lethal threat to human
3.2 	life is a crime of brandishing, punishable as a gross
3.3 	misdemeanor.
3.4 	(e) In any instance of investigation, a licensed peace
3.5 	officer may disarm involved persons and bystanders while the
3.6 	investigation is in progress.  Weapons may be returned
3.7 	immediately after the investigation or held by the police chief
3.8 	for return after a cooling-off period or disposition of the
3.9 	investigation.
3.10 	(f) Non-Minnesota permits are invalid in Minnesota.
3.11 	Unless otherwise provided by law, any violation of this
3.12 	subdivision is a gross misdemeanor.
3.13 		Subd. 3.Permit not required for certain activities. (a)
3.14 	Uniformed private security guards, as defined by section 626.88,
3.15 	subdivision 1, paragraph (c), while engaged in official duties
3.16 	of a licensed security company, and who are issued a pistol as
3.17 	part of their required job duties, must have a concealed carry
3.18 	permit but may carry a pistol and any accessories either
3.19 	concealed or in plain view.
3.20 	(b) A permit to carry is not required of a person:
3.21 	(1) to keep or carry a pistol about the person's place of
3.22 	business, dwelling house, premises, or on land possessed by the
3.23 	person;
3.24 	(2) to carry a pistol in the woods or fields or upon the
3.25 	waters of this state for the purpose of hunting or target
3.26 	shooting in an authorized area; or 
3.27 	(3) to transport a pistol if the pistol is unloaded and
3.28 	contained in a closed and fastened case, gunbox, or securely
3.29 	tied package.
3.30 	(c) A permit to carry a pistol is not required of any
3.31 	officer of a state adult correctional facility when on guard
3.32 	duty or otherwise engaged in an assigned duty.
3.33 		Subd. 4.Granting of a permit. (a) Applications for
3.34 	concealed carry permits shall be made to the chief of police of
3.35 	an organized full-time police department of the municipality
3.36 	where the applicant resides or the county sheriff where there is
4.1 	no such local chief of police where the applicant resides.
4.2 	(b) A permit to carry a concealed pistol shall be issued by
4.3 	the chief law enforcement officer or designee so long as the
4.4 	applicant meets the qualifications set forth in this paragraph
4.5 	and the applicant:
4.6 	(1) has not been convicted of the following crimes:
4.7 	(i) section 518.01, subdivision 4;
4.8 	(ii) section 609.224, subdivision 3;
4.9 	(iii) section 609.2242, subdivisions 1 and 2;
4.10 	(iv) section 609.749, subdivisions 2 and 8;
4.11 	(v) section 624.713;
4.12 	(vi) section 624.719;
4.13 	(vii) section 629.715, subdivision 2;
4.14 	(viii) section 629.72, subdivision 2;
4.15 	(ix) section 609.21, subdivision 2b;
4.16 	(x) section 609.66;
4.17 	(xi) section 617.23;
4.18 	(xii) section 609.377;
4.19 	(xiii) section 609.748;
4.20 	(xiv) section 518B.01, subdivisions 14 and 22; or 
4.21 	(xv) section 169A.20;
4.22 	(2)(i) has an occupation requiring a permit to carry a
4.23 	concealed weapon; or 
4.24 	(ii) has a personal safety hazard which will be defined by
4.25 	the Pistol Permit Review Board by August 1, 2005, and will be
4.26 	uniformly applied throughout the state;
4.27 	(3) is not listed on the criminal gang investigative data
4.28 	system under section 299C.091;
4.29 	(4) passes a background check;
4.30 	(5) successfully completes the required training;
4.31 	(6) is a Minnesota resident;
4.32 	(7) is a person capable of exercising sound judgment with
4.33 	respect to the proper use and storage of a pistol; and 
4.34 	(8) does not frequently and repeatedly become habitually
4.35 	intoxicated.
4.36 	(c) For purposes of paragraph (b), clause (7), a person is
5.1 	incapable of exercising sound judgment with respect to the
5.2 	proper usage and storage of a pistol if the person:
5.3 	(1) has been diagnosed by a licensed physician as suffering
5.4 	from a disorder or condition that causes or is likely to cause
5.5 	substantial impairment in judgment, mood, perception, impulse
5.6 	control, or intellectual ability;
5.7 	(2) suffers from a psychiatric disorder or condition that:
5.8 	(i) is in remission but is reasonably likely to redevelop
5.9 	at a future time; or 
5.10 	(ii) requires continuous medical treatment to avoid
5.11 	redevelopment;
5.12 	(3) has been diagnosed by a licensed physician or declared
5.13 	by a court to be incompetent to manage the person's own affairs;
5.14 	or 
5.15 	(4) has entered in a criminal proceeding a plea of not
5.16 	guilty by reason of insanity.
5.17 	(d) The following constitutes evidence that a person has a
5.18 	psychiatric disorder or condition described in paragraph (c),
5.19 	clause (2):
5.20 	(1) involuntary psychiatric hospitalization in the
5.21 	preceding five-year period;
5.22 	(2) psychiatric hospitalization in the preceding two-year
5.23 	period;
5.24 	(3) inpatient or residential substance abuse treatment in
5.25 	the preceding five-year period;
5.26 	(4) diagnosis in the preceding five-year period by a
5.27 	licensed physician that the person is dependent on alcohol, a
5.28 	controlled substance, or a similar substance; or 
5.29 	(5) diagnosis at any time by a licensed physician that the
5.30 	person suffers or has suffered from a psychiatric disorder or
5.31 	condition consisting of or relating to:
5.32 	(i) schizophrenia or delusional disorder;
5.33 	(ii) bipolar disorder;
5.34 	(iii) chronic dementia, whether caused by illness, brain
5.35 	defect, or brain injury;
5.36 	(iv) dissociative identity disorder;
6.1 	(v) intermittent explosive disorder; or 
6.2 	(vi) antisocial personality disorder.
6.3 	(e) Notwithstanding paragraph (c), a person who has
6.4 	previously been diagnosed as suffering from a psychiatric
6.5 	disorder or condition described by paragraph (c) or listed in
6.6 	paragraph (d) is not because of that disorder or condition
6.7 	incapable of exercising sound judgment with respect to the
6.8 	proper use and storage of a pistol if the person provides the
6.9 	department with a certificate from a licensed physician whose
6.10 	primary practice is in the field of psychiatry stating that the
6.11 	psychiatric disorder or condition is in remission and is not
6.12 	reasonably likely to develop at a future time.
6.13 	(f) Notwithstanding any other law to the contrary, persons
6.14 	convicted of a crime will be ineligible for a concealed carry
6.15 	permit for the following time periods:
6.16 	(1) persons convicted of any misdemeanor are ineligible for
6.17 	a concealed carry permit for five years from the date of
6.18 	conviction;
6.19 	(2) persons convicted of any gross misdemeanor are
6.20 	ineligible for a concealed carry permit for ten years from the
6.21 	date of conviction; and 
6.22 	(3) persons convicted of any felony are ineligible for a
6.23 	concealed carry permit for life.
6.24 	Stayed adjudication, deferred adjudication, plea bargains, nolo
6.25 	contendre pleas, and expunged convictions are treated as
6.26 	convictions.
6.27 		Subd. 5.Application process; false information;
6.28 	penalties. (a) Applications for permits to carry a concealed
6.29 	pistol shall be on an official, standardized application form,
6.30 	adopted under section 624.7151 by the commissioner of public
6.31 	safety, shall be made in person, and must set forth in writing:
6.32 	(1) the name, residence, telephone number, and driver's
6.33 	license number or nonqualification certificate number, if any,
6.34 	of the applicant;
6.35 	(2) list other states in which the applicant has resided;
6.36 	(3) proof of citizenship, naturalization, or immigration
7.1 	status;
7.2 	(4) the sex, date of birth, height, weight, color of eyes
7.3 	and hair, tattoos, and any other distinguishing physical
7.4 	characteristics, if any;
7.5 	(5) that the applicant is at least 21 years of age at the
7.6 	time of application;
7.7 	(6) that the applicant has been a resident of Minnesota for
7.8 	at least 60 days prior to the time of application;
7.9 	(7) a statement that the applicant authorizes and will
7.10 	execute any data practices release to the chief law enforcement
7.11 	official or designee for any commitment information about the
7.12 	applicant maintained by the commissioner of human services or
7.13 	such similar agency or department of a state of residence, to
7.14 	the extent that information relates to the applicant's
7.15 	eligibility to possess a pistol or firearm under section
7.16 	624.713, subdivision 1; and 
7.17 	(8) a statement from the applicant that the applicant is
7.18 	not prohibited by any of the enumerated factors listed in
7.19 	section 624.713 from possessing a pistol or firearm.
7.20 	(b) The applicant must also submit:
7.21 	(1) a recent, clearly focused, color photograph of the
7.22 	applicant's face and head, including the hair; the photograph
7.23 	shall measure approximately one inch by one inch;
7.24 	(2) a statement from the applicant that the applicant
7.25 	agrees, pursuant to Code of Federal Regulations, title 42,
7.26 	sections 2.31 to 2.35, that information may be released
7.27 	pertaining to the disclosure of alcohol and drug abuse patient
7.28 	records; and 
7.29 	(3) a fingerprint card issued by a certified agency.
7.30 	(c) The applicant must also submit a certificate,
7.31 	affidavit, or other documentation that substantiates the
7.32 	applicant's completion of training in the safe use of a pistol,
7.33 	and as provided in this section.
7.34 	(d) A permit may only be issued after the applicant files
7.35 	with the issuing authority proof that the applicant has, through
7.36 	a homeowner's or renter's insurance policy or otherwise,
8.1 	personal liability insurance that insures against the
8.2 	applicant's tort liability for personal injury, death, or
8.3 	property damage caused by the applicant's use of a pistol
8.4 	authorized under this section.
8.5 	The personal liability coverage must not have a limit of
8.6 	less than $100,000 per incident and per claimant.
8.7 	(e) The proof of insurance filed to comply with this
8.8 	section must be a certificate issued by the insurance company,
8.9 	certifying that the applicant has coverage that complies with
8.10 	this subdivision, or a copy of the policy including riders and
8.11 	endorsements.  Insurance required under this subdivision must be
8.12 	issued by an insurance company licensed to sell property and
8.13 	casualty insurance in this state.  If the coverage required by
8.14 	this section terminates for any reason, whether at the instance
8.15 	of the permit holder or the insurance company, the permit is
8.16 	automatically suspended as of the date and time of termination.
8.17 	The permit holder may reinstate the permit by filing with the
8.18 	issuing authority proof of new or reinstated insurance coverage
8.19 	that complies with this subdivision.
8.20 	(f) The applicant must also state that the applicant has
8.21 	read and understands that the issuance of a permit to carry a
8.22 	concealed pistol by implication of law includes items,
8.23 	responsibilities, and other factors listed in clauses (1) to (6):
8.24 	(1) the applicant carries no specific immunities for any
8.25 	intentional or negligent discharge of the pistol;
8.26 	(2) the bearer of the pistol may be personally liable for
8.27 	all monetary damages available under civil law;
8.28 	(3) as a result of discharging, using, or brandishing the
8.29 	pistol, the applicant may be subject to additional criminal
8.30 	penalties;
8.31 	(4) that the issuance of a concealed carry permit does not
8.32 	grant to the permit holder any statutorily enumerated duties of
8.33 	a licensed peace officer;
8.34 	(5) that a permit to carry a concealed pistol is
8.35 	immediately void and must be returned in the event the permit
8.36 	holder becomes ineligible to possess any firearm under section
9.1 	624.713 or if the permit holder is convicted of any other crime
9.2 	of violence; and 
9.3 	(6) that a person who carries a pistol in a public place or
9.4 	about the person's clothes or person, pursuant to a concealed
9.5 	carry permit, expressly consents to a chemical test of that
9.6 	person's blood, breath, or urine for the purpose of determining
9.7 	the presence of alcohol, controlled substances, or hazardous
9.8 	substances at any time while carrying a pistol pursuant to the
9.9 	concealed carry permit.
9.10 	(g) The applicant must also set forth in writing that the
9.11 	applicant is not subject to any existing or current order for
9.12 	protection or ex parte order for protection pursuant to section
9.13 	518B.01.
9.14 	(h) The applicant shall finalize the application by
9.15 	submitting the applicant's notarized signature or otherwise
9.16 	signing the application in the presence of a named, licensed
9.17 	peace officer.
9.18 	(i) Conspicuously posted on the bottom of each application
9.19 	form shall be the following warning:
9.20 	"FALSE REPRESENTATIONS.  Whoever, with intent to obtain a
9.21 	concealed carry permit, submits false information to the chief
9.22 	law enforcement officer or designee, which the applicant knew or
9.23 	had reason to know was false, and that information is or would
9.24 	be relied upon in granting a permit to carry a concealed pistol,
9.25 	is guilty of a felony and may be sentenced to imprisonment for
9.26 	not more than three years or a fine of not more than $5,000, or
9.27 	both.
9.28 		Subd. 6.Permit card contents. Concealed carry permits
9.29 	must be on an official, standardized permit card adopted by the
9.30 	commissioner of public safety containing:
9.31 	(1) a statement of the period for which the permit is
9.32 	effective;
9.33 	(2) a color photograph of the permit holder; and 
9.34 	(3) the permit holder's full name, date of birth, residence
9.35 	address, hair and eye color, height, weight, signature, and the
9.36 	number of a driver's license or an identification certificate
10.1 	issued to the license holder by the department.
10.2 		Subd. 7.Investigation, renewal investigations, and
10.3 	records retention. (a) Upon returning the completed application
10.4 	forms to the chief law enforcement officer, the applicant shall
10.5 	be provided with a dated receipt, and the chief law enforcement
10.6 	officer or designee shall have 30 days to either grant or deny
10.7 	the concealed carry permit.  The chief law enforcement officer
10.8 	may charge an application processing fee in an amount not to
10.9 	exceed $500 or actual cost, whichever is less, as set by the
10.10 	issuing body to cover the costs of local administrative
10.11 	investigation.
10.12 	(b) In determining whether to grant or deny the concealed
10.13 	carry permit, the chief law enforcement officer or designee may
10.14 	conduct any local, state, or federal record checks, including
10.15 	juvenile records, in verifying that the applicant is not
10.16 	ineligible to possess a pistol under section 624.713.  These
10.17 	record checks include not only current databases but other
10.18 	databases that may be developed for law enforcement use.  In
10.19 	addition, the chief law enforcement officer or designee may
10.20 	consult with any other law enforcement agencies in ascertaining
10.21 	if the requisite conditions have been met.  The chief law
10.22 	enforcement officer must also obtain commitment information from
10.23 	the commissioner of human services as provided in section
10.24 	245.041 or, if the information is reasonably available, as
10.25 	provided by a similar statute from another state.
10.26 	(c) The chief law enforcement officer must also check to
10.27 	determine whether the applicant is listed in the criminal gang
10.28 	investigative data system under section 299C.091.
10.29 	(d) In conducting these investigations, and in reviewing
10.30 	information submitted in the application, the chief law
10.31 	enforcement officer acting in good faith may request additional
10.32 	information to verify the information submitted by the
10.33 	applicant.  The chief law enforcement officer may request the
10.34 	applicant sign any data practices release form as may be
10.35 	necessary to obtain the required information.
10.36 	(e) The chief law enforcement officer or designee shall
11.1 	conduct a renewed background check on the permit holder upon
11.2 	every reapplication for the concealed carry permit.  The chief
11.3 	law enforcement officer may charge an administrative fee for
11.4 	renewal background checks not to exceed $500 or actual cost,
11.5 	whichever is less, as set by the issuing body.  Nothing in this
11.6 	section prevents a chief law enforcement officer from conducting
11.7 	more frequent background checks on any concealed carry permit
11.8 	holder, but no additional administrative charges may be charged
11.9 	to the permit holder for such additional background checks.
11.10 	(f) The chief law enforcement officer shall retain all
11.11 	records pertaining to every concealed carry permit for as long
11.12 	as the permit is valid.  After expiration of the permit, all
11.13 	records relating to the granting of the permit may be destroyed
11.14 	under the applicable county or municipality records retention
11.15 	schedule.
11.16 		Subd. 8.Issuance or denial within 30 days; inaction
11.17 	results in denial; immunity; permit updates. (a) Upon
11.18 	conclusion of the investigation, and no later than 30 days
11.19 	following submission of the application, a permit to carry a
11.20 	concealed pistol shall be issued by the chief law enforcement
11.21 	officer if there is no basis to find the applicant is otherwise
11.22 	disqualified.
11.23 	(b) The chief law enforcement officer or designee, acting
11.24 	in good faith, has the discretion to deny permits based upon an
11.25 	applicant's criminal or noncriminal history of behavior that
11.26 	indicates by a preponderance of the evidence that the applicant
11.27 	may pose a threat to public safety if permitted to carry a
11.28 	concealed pistol.
11.29 	(c) If the chief law enforcement officer or designee does
11.30 	not respond within 30 days upon receipt of the completed
11.31 	application, the permit is deemed to be denied.
11.32 	(d) The chief law enforcement officer or designee who
11.33 	issues a concealed carry permit in good faith is not liable for
11.34 	damages resulting or arising from the actions, negligence, or
11.35 	misconduct as may be committed by the individual holder of the
11.36 	concealed carry permit.
12.1 	(e) Every holder of a permit to carry a concealed pistol
12.2 	shall notify the chief law enforcement officer or designee who
12.3 	issued the permit of any name or address change within 30 days
12.4 	of such change.  No further investigation is required, but the
12.5 	chief law enforcement officer or designee may charge an
12.6 	administrative fee of not more than $10 for the new permit
12.7 	card.  The chief law enforcement officer or designee shall
12.8 	report any name or address changes to the Department of Public
12.9 	Safety.  Failure to notify the chief law enforcement officer or
12.10 	designee is a misdemeanor violation.
12.11 		Subd. 9.Database. (a) The commissioner must maintain an
12.12 	automated database of persons authorized to carry pistols under
12.13 	this section that is available 24 hours a day, seven days a
12.14 	week, to law enforcement agencies, including prosecutors and
12.15 	probation officers.
12.16 	(b) Permits granted after the database established under
12.17 	Minnesota Statutes 2004, section 624.714, subdivision 15, was
12.18 	suspended July 13, 2004, shall be forwarded by the Bureau of
12.19 	Criminal Apprehension to the commissioner for inclusion in the
12.20 	database required under paragraph (a).
12.21 	(c) The commissioner may disclose to a criminal justice
12.22 	agency, as defined in section 299C.46, subdivision 2,
12.23 	information relating to persons in the automated database of
12.24 	persons authorized to carry pistols, including whether a person
12.25 	has a concealed carry permit.  The commissioner shall, on
12.26 	written request and payment of a reasonable fee to cover costs
12.27 	of copying, disclose to any other individual whether a named
12.28 	individual or any individual whose full name is listed on a
12.29 	specified written list has a concealed carry permit.
12.30 	Information on an individual subject to disclosure under this
12.31 	paragraph includes the individual's name, date of birth, gender,
12.32 	and zip code.
12.33 		Subd. 10.Denial of permit; specific basis. The decision
12.34 	to deny the permit to carry a concealed pistol shall be in
12.35 	writing and on the letterhead of the chief law enforcement
12.36 	officer or designee.  Every decision to deny a permit shall also
13.1 	articulate in writing the specific basis for the denial,
13.2 	including any criminal or noncriminal history of behavior that
13.3 	indicates by a preponderance of the evidence that the applicant
13.4 	may pose a threat to public safety if permitted to carry a
13.5 	concealed pistol.  The chief law enforcement officer may also
13.6 	include any supplemental documentation supporting the denial, in
13.7 	conformance with section 13.82.
13.8 		Subd. 11.Appeal from denial; burden of proof; petition
13.9 	review board. (a) Any person aggrieved by denial of a concealed
13.10 	carry permit may seek administrative review of the denial by
13.11 	petition to the Pistol Permit Review Board.  The petition must
13.12 	list the issuing authority as the respondent and must include
13.13 	the reasons why the person believes the application was
13.14 	improperly denied.  The petition may include supporting
13.15 	documents or affidavits.  The petition must be delivered by
13.16 	first class mail to the board and to the issuing authority.  The
13.17 	issuing authority may respond in writing to the petition and
13.18 	submit supporting documentation.  This response must be
13.19 	delivered by first class mail to the person appealing the denial
13.20 	and to the board.  The board may direct either party to provide
13.21 	additional information in writing.  Without holding a hearing,
13.22 	and after reviewing the information submitted by both parties,
13.23 	the board shall decide whether to order the issuing authority to
13.24 	issue a permit.  This review is a de novo review.  The board may
13.25 	adopt rules to carry out its responsibilities under this
13.26 	subdivision.  The board's order constitutes the final decision
13.27 	in the case.  A party aggrieved by the final decision is
13.28 	entitled to judicial review of the decision under sections 14.63
13.29 	to 14.69, except that the district court, instead of the Court
13.30 	of Appeals, shall conduct the review in accordance with those
13.31 	provisions.
13.32 	(b) The Pistol Permit Review Board consists of:
13.33 	(1) a sheriff, appointed by the president of the Minnesota
13.34 	Sheriffs Association;
13.35 	(2) a police chief, appointed by the president of the
13.36 	Minnesota Chiefs of Police Association; and 
14.1 	(3) a peace officer, appointed by the executive director of
14.2 	the Minnesota Police and Peace Officers Association.
14.3 	(c) The board may elect a chair from among its members.
14.4 	Members of the board shall serve a two-year term.  The
14.5 	Department of Public Safety shall supply necessary office space
14.6 	and support staff to the board.  The board shall conduct reviews
14.7 	of denied permit applications as provided in paragraph (a).
14.8 	Board members may be compensated for their expenses as provided
14.9 	in section 15.0575, subdivision 3.
14.10 	(d) The board shall also adopt a definition of personal
14.11 	safety hazard for subdivision 4, paragraph (b), clause (3).
14.12 	Adoption of the definition is not subject to chapter 14.
14.13 		Subd. 12.Qualified pistol training. (a) The Pistol
14.14 	Permit Review Board shall prepare a standardized pistol training
14.15 	curriculum no later than August 1, 2005, including qualifying
14.16 	criteria for a live shooting exercise, to be conducted by a
14.17 	certified firearms instructor.  This curriculum shall include
14.18 	basic training in the safe use of a pistol, including:
14.19 	(1) instruction as to potential criminal and civil
14.20 	liability that may accrue in the event of a negligent shooting;
14.21 	(2) specific instruction that the granting of a concealed
14.22 	carry permit carries with it no other statutory immunities;
14.23 	(3) specific instruction on threat assessment and illegal
14.24 	activities under this section and the potential criminal
14.25 	penalties for violating this section and other law;
14.26 	(4) instructions and penalties for carrying a pistol while
14.27 	under the influence of alcohol, for having any detectable blood
14.28 	alcohol concentration, or having any measurable amount of
14.29 	controlled substances listed in section 152.02 or any hazardous
14.30 	substances as listed in rules adopted under chapter 182;
14.31 	(5) instruction and successful completion of a live fire
14.32 	shooting exercise;
14.33 	(6) instruction in the safe use, transfer, and storage of a
14.34 	semiautomatic pistol and revolver;
14.35 	(7) instruction in the fundamental legal aspects of pistol
14.36 	possession and use, including reasonable self-defense and the
15.1 	duty to secure firearms against unauthorized persons;
15.2 	(8) training in nonviolent dispute resolution; and 
15.3 	(9) successful completion of a written examination.
15.4 	(b) Only firearms instructors certified by the following
15.5 	agencies or organizations in the standardized curriculum are
15.6 	qualified to conduct courses under this subdivision, including:
15.7 	(1) the Peace Officers Standards and Training Board; and 
15.8 	(2) the Minnesota Association of Law Enforcement Firearms
15.9 	Instructors.
15.10 		Subd. 13.Renewal of permit to carry pistol. Permits to
15.11 	carry a pistol issued pursuant to this section shall expire
15.12 	after two years from the date of initial issuance and shall be
15.13 	renewed in the same manner and subject to the same provisions by
15.14 	which the original permit was obtained, including the qualified
15.15 	pistol training.  All renewed permits must comply with any
15.16 	uniform standards as may be adopted by the commissioner of
15.17 	public safety pursuant to section 624.7161.
15.18 		Subd. 14.Permit to carry voided; penalties; notice of
15.19 	revocation. (a) The chief law enforcement officer or designee
15.20 	shall revoke a concealed pistol carry permit at any time the
15.21 	permit holder becomes ineligible under section 624.713.
15.22 	(b) The permit to carry a concealed pistol shall be void at
15.23 	any time that the holder becomes prohibited from possessing a
15.24 	pistol under section 624.713, in which event the holder shall
15.25 	return the permit within five days to the issuing authority.
15.26 	Failure of the holder to return the permit within five days is a
15.27 	gross misdemeanor unless the court finds that the circumstances
15.28 	or the physical or mental condition of the permit holder
15.29 	prevented the holder from complying with the return requirement.
15.30 	(c) A concealed carry permit is automatically revoked upon
15.31 	conviction of any gross misdemeanor or felony charge under
15.32 	section 624.714 and is suspended upon probable cause arrest for
15.33 	any of the gross misdemeanors and felonies specified in section
15.34 	624.714.
15.35 	(d) Notice of revocation of the concealed carry permit is
15.36 	effective upon either personal service or certified postmarked
16.1 	mail by the United States Post Office to the address on record
16.2 	of the permit holder.  The chief law enforcement officer or
16.3 	designee shall keep copies and receipts of all such notices in
16.4 	the regular course of business.
16.5 		Subd. 15.Provision for felony sentencing enhancement. A
16.6 	holder of a concealed carry permit who uses a pistol to
16.7 	facilitate the commission of a felony may be sentenced to 125
16.8 	percent of the maximum sentence otherwise provided by statute.
16.9 	This sentence enhancement is nonexclusive to any other sentence
16.10 	that may be lawfully imposed.
16.11 		Subd. 16.Concealed weapon permit holders possessing a
16.12 	pistol while under the influence of alcohol or any controlled
16.13 	substance; mandatory chemical testing upon a showing of probable
16.14 	cause. (a) Permits to carry concealed weapons become invalid
16.15 	when the permitted individual has any detectable blood alcohol
16.16 	content (BAC).
16.17 	(b) It is a gross misdemeanor for any holder of a concealed
16.18 	carry permit to carry a pistol in a public place or about the
16.19 	person's clothes or person:
16.20 	(1) when the permitted individual has any detectable blood
16.21 	alcohol content;
16.22 	(2) when the holder is under the influence of a controlled
16.23 	substance, as listed in Schedule I, II, III, IV, and V in
16.24 	section 152.02; or 
16.25 	(3) when the holder is knowingly under the influence of a
16.26 	hazardous substance as defined by the rules adopted under
16.27 	chapter 182 that affects the nervous system, brain, or muscles
16.28 	of a person so as to substantially impair the person's clarity
16.29 	of intellect or physical control.
16.30 	(c) A person who carries a pistol in a public place or
16.31 	about the person's clothes or person, and pursuant to a
16.32 	concealed carry permit, expressly consents to a chemical test of
16.33 	that person's blood, breath, or urine for the purpose of
16.34 	determining the presence of alcohol, controlled substances, or
16.35 	hazardous substances.
16.36 	(d) Upon an articulable suspicion by a peace officer that a
17.1 	permit holder may be under the influence of any of the foregoing
17.2 	substances, the permit holder must submit to a preliminary
17.3 	breath test or other field sobriety tests, including a
17.4 	reasonable time for detainment should a drug recognition expert
17.5 	be needed.
17.6 	(e) Upon probable cause to believe that a holder is under
17.7 	the influence of any of the substances described in paragraph
17.8 	(b), clauses (1) to (3), the peace officer may detain the holder
17.9 	of the permit and direct that the holder take additional breath,
17.10 	blood, and/or urine tests as directed by the arresting officer.
17.11 	(f) Subject to the right to consult with an attorney for a
17.12 	reasonable time following any arrest, and subject to the right
17.13 	to obtain independent chemical tests, the holder has no right to
17.14 	refuse any chemical test as directed by the arresting officer.
17.15 	An officer may test the permit holder with any equipment
17.16 	approved by the Department of Public Safety as is otherwise used
17.17 	in chapter 169A.  An officer may require the permit holder to
17.18 	undertake tests as may be conducted by a certified drug
17.19 	recognition expert.
17.20 	(g) Upon a showing of probable cause that the holder may be
17.21 	under the influence of alcohol or controlled or hazardous
17.22 	substances, it is a gross misdemeanor to refuse chemical tests
17.23 	at the arresting officer's direction.
17.24 	(h) A peace officer acting in good faith shall be immune
17.25 	from liability in effecting arrests under this subdivision.
17.26 	(i) Any conviction pursuant to subdivision 13 results in a
17.27 	permanent lifetime revocation of the concealed carry permit.
17.28 		Subd. 17.Administrative forfeiture. (a) Upon probable
17.29 	cause to arrest a concealed carry permit holder for any of the
17.30 	gross misdemeanors and felonies specified in this section, there
17.31 	is a presumption in favor of administrative forfeiture of the
17.32 	pistol at the time of arrest; both the concealed pistol and any
17.33 	accessories may immediately be seized by law enforcement without
17.34 	further process.
17.35 	(b) Upon seizure of the pistol and accessories, notice may
17.36 	otherwise be given in the manner provided by law for service of
18.1 	summons in a civil action.  The notice must be in writing and
18.2 	contain:
18.3 	(1) description of the pistol and accessories seized,
18.4 	including any serial numbers;
18.5 	(2) the date and place of seizure;
18.6 	(3) the law enforcement agency making the seizure; and 
18.7 	(4) the following notice of the right to obtain judicial
18.8 	review of the forfeiture:
18.9 	"IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED
18.10 	IN MINNESOTA STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE
18.11 	THE RIGHT TO DETERMINATION OF JUDICIAL FORFEITURE AND YOU LOSE
18.12 	ANY RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY." 
18.13 	(c) The permit holder has no right to post bond for
18.14 	recovery of the pistol pending the proceeding.
18.15 	(d) Judicial forfeiture proceedings are otherwise
18.16 	controlled as set forth in section 609.5314, subdivision 3.
18.17 		Subd. 18.Possession of concealed pistol on school
18.18 	property; penalties. (a) Whoever possesses, stores, or keeps a
18.19 	dangerous weapon or uses or brandishes a replica firearm or BB
18.20 	gun within 500 feet of school property or youth organization
18.21 	property, exempting private property owned by an individual, is
18.22 	guilty of a felony and may be sentenced to imprisonment of not
18.23 	more than two years or a fine of not more than $5,000, or both.
18.24 	(b) As used in this subdivision:
18.25 	(1) "BB gun" means a device that fires, ejects, or tosses a
18.26 	shot or projectile measuring .18 inches or less in diameter;
18.27 	(2) "dangerous weapon" has the meaning given to it in
18.28 	section 609.02, subdivision 6;
18.29 	(3) "replica firearm" has the meaning given it in section
18.30 	609.713;
18.31 	(4) "school property" means:
18.32 	(i) a public or private elementary, middle, or secondary
18.33 	school building and its grounds, whether leased or owned by the
18.34 	school;
18.35 	(ii) the area within a school bus when that bus is being
18.36 	used to transport any school student;
19.1 	(iii) a licensed or unlicensed day care, preschool, church
19.2 	school, or nursery; and 
19.3 	(iv) any public or private university or college;
19.4 	(5) "youth organization property" means a property of a
19.5 	nonpublic service organization whose primary function is
19.6 	providing occasional services to minors, such as youth sports
19.7 	organizations; YMCA; YWCA; scouting organizations, boys' or
19.8 	girls' clubs; programs providing friends, counselors, or role
19.9 	models for minors; youth theater; dance, music, or artistic
19.10 	organizations; agricultural organizations for minors, including
19.11 	4-H clubs; and other youth organizations.
19.12 	(c) This subdivision does not apply to:
19.13 	(1) licensed peace officers, military personnel, or
19.14 	uniformed private security guards as defined by section 626.88,
19.15 	subdivision 1, paragraph (c), who are performing official
19.16 	duties;
19.17 	(2) persons who keep or store pistols in a motor vehicle if
19.18 	the pistol is unloaded and contained in a closed and fastened
19.19 	case, gunbox, or securely tied package;
19.20 	(3) firearms safety or marksmanship programs conducted on
19.21 	school property, or students participating in military training
19.22 	with the written permission of the school's principal; and 
19.23 	(4) possession of dangerous weapons, BB guns, or replica
19.24 	firearms by a ceremonial color guard for programming officially
19.25 	sanctioned by the school.
19.26 		Subd. 19.Prohibition of guns. Pistols or firearms are
19.27 	prohibited for all concealed carry permit holders except for law
19.28 	enforcement and private security guards at the following
19.29 	locations:
19.30 	(1) any establishment or event requiring a license or
19.31 	permit to serve or sell alcohol;
19.32 	(2) places of worship;
19.33 	(3) any public or private arena or sports facility; and 
19.34 	(4) any state, county, or city park.
19.35 		Subd. 20.Private property; employers; local government
19.36 	property. (a) Private property owners, including landlords,
20.1 	retain the right to ban weapons from their premises including
20.2 	parking lots and garages.  Private property owners may notify
20.3 	the public by any reasonable means.  Permit holders must give
20.4 	notice that they are carrying a concealed weapon and obtain
20.5 	permission from the property owner.
20.6 	(1) Permission is not required when:
20.7 	(i) the property owner has consented and is present; or 
20.8 	(ii) signs measuring 8-1/2 inches by 11 inches are posted
20.9 	at all entrances stating "Guns Welcome" in no less than
20.10 	200-point typeface.
20.11 	(2) Ignorance of private property preferences is not a
20.12 	defense under this paragraph.
20.13 	(b) An employer, whether public or private, may establish
20.14 	policies that restrict the carrying or possessing of firearms by
20.15 	its employees while acting in the course and scope of employment.
20.16 	Employment-related civil sanctions may be invoked for a
20.17 	violation.
20.18 	(c) Local government may prohibit or allow concealed
20.19 	weapons in buildings, facilities, or at any events that require
20.20 	a permit from that government.
20.21 		Subd. 21.Monitoring. (a) By March 1, 2006, and each
20.22 	year after that, the commissioner of public safety must report
20.23 	to the legislature on:
20.24 	(1) the number of permits applied for, issued, suspended,
20.25 	revoked, and denied, further categorized by the age, sex, and
20.26 	zip code of the applicant or permit holder, since the previous
20.27 	submission, and in total;
20.28 	(2) the number of permits currently valid;
20.29 	(3) the specific reasons for each suspension, revocation,
20.30 	and denial, and the number of reversed, canceled, or corrected
20.31 	actions;
20.32 	(4) without expressly identifying an applicant, the number
20.33 	of denials or revocations based on the grounds under subdivision
20.34 	9, the factual basis for each denial or revocation, and the
20.35 	result of an appeal, if any, including the court's findings of
20.36 	fact, conclusions of law, and order;
21.1 	(5) the number of permit holders arrested; and 
21.2 	(6) the number of convictions and types of crimes committed
21.3 	since the previous submission, and in total, by individuals with
21.4 	permits, including data as to whether a firearm lawfully carried
21.5 	solely by virtue of a permit was actually used in furtherance of
21.6 	the crime.
21.7 	(b) Sheriffs and police chiefs must supply the Department
21.8 	of Public Safety with the basic data the department requires to
21.9 	complete the report under paragraph (a).  Sheriffs and police
21.10 	chiefs may submit data classified as private under chapter 13 to
21.11 	the Department of Public Safety under this paragraph.
21.12 	(c) Copies of the report under paragraph (a) must be made
21.13 	available to the public at the actual cost of duplication.
21.14 	(d) Nothing contained in any provision of this section or
21.15 	any other law requires or authorizes the registration,
21.16 	documentation, collection, or providing of serial numbers or
21.17 	other data on firearms or on firearms owners.
21.18 		Subd. 22.Short title. This section may be cited as the
21.19 	Minnesota Public Protection Act of 2005.

21.20 	Sec. 2. GRANDFATHER CLAUSE.
 21.21 	Permits to carry pistols issued prior to the effective date
21.22 	of section 1 remain in effect and are valid under the terms of
21.23 	issuance until 90 days after the effective date of section 1.
21.24 	However, a person holding a permit that was issued prior to the
21.25 	effective date of section 1 may nevertheless apply for a permit
21.26 	under the terms and conditions of section 1.

21.27 	Sec. 3. REPEALER.
 21.28 	Minnesota Statutes 2004, sections 13.87, subdivision 2;
21.29 	609.66, subdivision 1d; 624.714; 624.7142; and 624.7143, are
21.30 	repealed.

21.31 	Sec. 4. EFFECTIVE DATE.
 21.32 	Sections 1 to 3 are effective August 1, 2005, and apply to
21.33 	crimes committed on or after that date.