1.1 	A bill for an act
1.2 	relating to public safety; providing for the right to carry a firearm without a permit; 
1.3 	providing for penalties;amending Minnesota Statutes 2012, sections 624.714, 
1.4 	by adding a subdivision; 624.7142, subdivisions 5, 6; 624.7143, subdivision 2; 
1.5 	proposing coding for new law in Minnesota Statutes, chapter 624; repealing 
1.6 	Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, 13.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [624.7121] PERMIT NOT REQUIRED.
1.9 		Subdivision 1.Right to carry. Notwithstanding any other law to the contrary, 
1.10 	every citizen in this state shall have an affirmative, fundamental, and constitutional right 
1.11 	to keep and bear firearms, including the right to carry openly or concealed, carry loaded 
1.12 	or unloaded, transport, possess, use, acquire, purchase, transfer, inherit, buy, sell, give, 
1.13 	or otherwise dispose of or receive any firearm or self-defense device without a permit, 
1.14 	permission, or restriction of any kind from or by this state or any of its political subdivisions.
1.15 		Subd. 2.Optional permit. Obtaining a permit to carry a pistol under section 
1.16 	624.714 is optional. The voluntary nature of the permit shall not be construed to require a 
1.17 	person to obtain a permit to carry a pistol under sections 624.711 to 624.717.

1.18 	Sec. 2. Minnesota Statutes 2012, section 624.714, is amended by adding a subdivision 
1.19 	to read:
1.20 		Subd. 1c.Permits. (a) Due to every state citizen having a fundamental constitutional 
1.21 	right to keep and bear arms, obtaining a permit under this section shall be optional. The 
1.22 	voluntary nature of the permit shall not be construed to relieve the sheriff of the burden of 
1.23 	proof for denying an application for a permit. Issuance of a permit under this section by 
1.24 	the sheriff shall be prima facie evidence that law enforcement authorities have verified that 
2.1 	the person is qualified under the law and not prohibited from possessing firearms pursuant 
2.2 	to section 624.713 or other law. Nothing in this section shall be construed to require that a 
2.3 	person must obtain a permit under this section in order to carry a pistol.
2.4 	(b) The voluntary nature of a permit to carry a pistol may not be construed to relieve 
2.5 	the sheriff of the burden of proof for denying an application for a permit. Issuance of a 
2.6 	permit to carry a pistol under this section by the sheriff shall be prima facie evidence that 
2.7 	law enforcement authorities have verified that the individual is qualified under the law and 
2.8 	is not prohibited from possessing firearms under the laws of the state.
2.9 	(c) A permit to carry a pistol shall be available to those persons who wish to carry 
2.10 	a pistol openly or concealed on or about one's person or in a vehicle and shall be valid 
2.11 	throughout the state.
2.12 	(d) A permit to carry a pistol shall provide citizens of this state with the ability to 
2.13 	carry a firearm in any state that the state maintains a reciprocal agreement for the mutual 
2.14 	recognition of permits to carry firearms.

2.15 	Sec. 3. Minnesota Statutes 2012, section 624.7142, subdivision 5, is amended to read:
2.16 		Subd. 5.Suspension. A person who is charged with a violation under this section 
2.17 	may have their authority to carry a pistol in a public place on or about the person's clothes 
2.18 	or person under the provisions of a permit or otherwise without a permit suspended by the 
2.19 	court as a condition of release.

2.20 	Sec. 4. Minnesota Statutes 2012, section 624.7142, subdivision 6, is amended to read:
2.21 		Subd. 6.Penalties. (a) A person who violates a prohibition under subdivision 1, 
2.22 	clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a 
2.23 	gross misdemeanor.
2.24 	(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.
2.25 	(c) In addition to the penalty imposed under paragraph (a), if a person violates 
2.26 	subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place 
2.27 	on or about the person's clothes or person under the provisions of a permit or otherwise
2.28 	without a permit is revoked and the person may not reapply for a permit or carry a firearm 
2.29 	without a permit for a period of one year from the date of conviction.
2.30 	(d) In addition to the penalty imposed under paragraph (b), if a person violates 
2.31 	subdivision 1, clause (6), the person's authority to carry a pistol in a public place on or 
2.32 	about the person's clothes or person under the provisions of a permit or otherwise without 
2.33 	a permit is suspended for 180 days from the date of conviction.
3.1 	(e) Notwithstanding section 609.531, a firearm carried in violation of subdivision 
3.2 	1, clause (6), is not subject to forfeiture.

3.3 	Sec. 5. Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:
3.4 		Subd. 2.Penalties; refusal; revocation. (a) If a person refuses to take a test 
3.5 	required under subdivision 1, none must be given but the officer shall report the refusal 
3.6 	to the sheriff and to the authority having responsibility for prosecution of misdemeanor 
3.7 	offenses for the jurisdiction in which the incident occurred that gave rise to the test 
3.8 	demand and refusal. On certification by the officer that probable cause existed to believe 
3.9 	the person had been carrying a pistol on or about the person's clothes or person in a public 
3.10 	place while under the influence of alcohol or a controlled substance, and that the person 
3.11 	refused to submit to testing, a court may impose a civil penalty of $500 and may revoke 
3.12 	the person's authority to carry a pistol in a public place on or about the person's clothes or 
3.13 	person under the provisions of a permit or otherwise without a permit for a period of one 
3.14 	year from the date of the refusal. The person shall be accorded notice and an opportunity 
3.15 	to be heard prior to imposition of the civil penalty or the revocation.
3.16 	(b) Revocations under this subdivision must be reported in the same manner as in 
3.17 	section 624.714, subdivision 12a.

3.18 	Sec. 6. [624.7182] INTERFERENCE WITH THE RIGHT TO CARRY, DISPLAY, 
3.19 	OR POSSESS.
3.20 	(a) A public official who interferes with the right to carry a pistol under sections 
3.21 	624.7121 and 624.714 is guilty of a misdemeanor for the following offenses:
3.22 	(1) arresting or attempting to arrest a person for the lawful possession of a pistol, 
3.23 	whether or not the person possesses a license issued under section 624.714. The public 
3.24 	official shall be personally liable for attorney fees and costs incurred in any action to 
3.25 	enforce sections 624.7121 and 624.714;
3.26 	(2) stopping, restraining, detaining, or otherwise harassing a person for carrying a 
3.27 	pistol, whether openly or concealed, whether or not the person possesses a license under 
3.28 	section 624.714. A public official who wrongfully stops, restrains, detains, or otherwise 
3.29 	harasses a person in violation of the provisions of section 624.7121 or 624.714 shall be 
3.30 	personally liable for attorney fees, courts costs, and expenses incurred in any action to 
3.31 	enforce sections 624.7121 and 624.714; and
3.32 	(3) denial, suspension, or revocation of a license or application for a license under 
3.33 	section 624.714 without just cause. A public official who denies, suspends, or revokes a 
3.34 	license or application for a license to carry a pistol without just cause shall be personally 
4.1 	liable for attorney fees, court costs, and expenses incurred in any action to enforce section 
4.2 	624.714.
4.3 	(b) The attorney general shall investigate, enforce, and prosecute violations under 
4.4 	this section.
4.5 	(c) For the purposes of this section, "public official" means any person holding an 
4.6 	office of public trust, whether appointed or elected, or any person employed by the state or 
4.7 	any of its political subdivisions.

4.8 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to crimes 
4.9 	committed on or after that date.

4.10 	Sec. 7. REVISOR'S INSTRUCTION.
 4.11 	The revisor of statutes, in consultation with the Bureau of Criminal Apprehension, 
4.12 	shall draft legislation showing necessary changes to clarify and conform statutory 
4.13 	provisions relating to possessing and carrying a firearm in Minnesota Statutes with this 
4.14 	act. The draft legislation shall be submitted to the house of representatives and senate 
4.15 	committees with jurisdiction over the carrying of firearms.

4.16 	Sec. 8.  REPEALER.
 4.17 	Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, and 13, are 
4.18 	repealed.