1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; expanding the information collected and scope of |
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3 | 3 | | 1.3 background check conducted for noncitizen permit to carry applicants; amending |
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4 | 4 | | 1.4 Minnesota Statutes 2024, section 624.714, subdivisions 3, 4. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read: |
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7 | 7 | | 1.7 Subd. 3.Form and contents of application.(a) Applications for permits to carry must |
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8 | 8 | | 1.8be an official, standardized application form, adopted under section 624.7151, and must set |
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9 | 9 | | 1.9forth in writing only the following information: |
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10 | 10 | | 1.10 (1) the applicant's name, residence, telephone number, if any, and driver's license number |
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11 | 11 | | 1.11or state identification card number; |
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12 | 12 | | 1.12 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and |
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13 | 13 | | 1.13distinguishing physical characteristics, if any; |
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14 | 14 | | 1.14 (3) the township or statutory city or home rule charter city, and county, of all Minnesota |
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15 | 15 | | 1.15residences of the applicant in the last five years, though not including specific addresses; |
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16 | 16 | | 1.16 (4) the township or city, county, and state of all non-Minnesota residences of the applicant |
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17 | 17 | | 1.17in the last five years, though not including specific addresses; |
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18 | 18 | | 1.18 (5) a statement that the applicant authorizes the release to the sheriff of commitment |
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19 | 19 | | 1.19information about the applicant maintained by the commissioner of human services or any |
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20 | 20 | | 1.20similar agency or department of another state where the applicant has resided, to the extent |
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21 | 21 | | 1.21that the information relates to the applicant's eligibility to possess a firearm; and |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-01246 as introduced12/17/24 REVISOR KLL/KR |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 278NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: LANG, Howe, Mathews, Pratt and Kreun) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading01/21/2025 |
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30 | 30 | | Referred to Judiciary and Public Safety 2.1 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief, |
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31 | 31 | | 2.2the applicant is not prohibited by law from possessing a firearm.; and |
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32 | 32 | | 2.3 (7) if the applicant is not a United States citizen, the applicant's country of birth and |
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33 | 33 | | 2.4alien number or alien admission number. |
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34 | 34 | | 2.5 (b) The statement under paragraph (a), clause (5), must comply with any applicable |
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35 | 35 | | 2.6requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
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36 | 36 | | 2.7to consent to disclosure of alcohol or drug abuse patient records. |
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37 | 37 | | 2.8 (c) An applicant must submit to the sheriff an application packet consisting only of the |
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38 | 38 | | 2.9following items: |
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39 | 39 | | 2.10 (1) a completed application form, signed and dated by the applicant; |
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40 | 40 | | 2.11 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), |
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41 | 41 | | 2.12that is submitted as the applicant's evidence of training in the safe use of a pistol; and |
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42 | 42 | | 2.13 (3) an accurate photocopy of the applicant's current driver's license, state identification |
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43 | 43 | | 2.14card, or the photo page of the applicant's passport. |
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44 | 44 | | 2.15 (d) In addition to the other application materials, a person who is otherwise ineligible |
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45 | 45 | | 2.16for a permit due to a criminal conviction but who has obtained a pardon or expungement |
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46 | 46 | | 2.17setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, |
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47 | 47 | | 2.18must submit a copy of the relevant order. |
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48 | 48 | | 2.19 (e) Applications must be submitted in person. |
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49 | 49 | | 2.20 (f) The sheriff may charge a new application processing fee in an amount not to exceed |
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50 | 50 | | 2.21the actual and reasonable direct cost of processing the application or $100, whichever is |
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51 | 51 | | 2.22less. Of this amount, $10 must be submitted to the commissioner and deposited into the |
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52 | 52 | | 2.23general fund. |
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53 | 53 | | 2.24 (g) This subdivision prescribes the complete and exclusive set of items an applicant is |
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54 | 54 | | 2.25required to submit in order to apply for a new or renewal permit to carry. The applicant |
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55 | 55 | | 2.26must not be asked or required to submit, voluntarily or involuntarily, any information, fees, |
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56 | 56 | | 2.27or documentation beyond that specifically required by this subdivision. This paragraph does |
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57 | 57 | | 2.28not apply to alternate training evidence accepted by the sheriff under subdivision 2a, |
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58 | 58 | | 2.29paragraph (d). |
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59 | 59 | | 2.30 (h) Forms for new and renewal applications must be available at all sheriffs' offices and |
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60 | 60 | | 2.31the commissioner must make the forms available on the Internet. |
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61 | 61 | | 2Section 1. |
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62 | 62 | | 25-01246 as introduced12/17/24 REVISOR KLL/KR 3.1 (i) Application forms must clearly display a notice that a permit, if granted, is void and |
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63 | 63 | | 3.2must be immediately returned to the sheriff if the permit holder is or becomes prohibited |
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64 | 64 | | 3.3by law from possessing a firearm. The notice must list the applicable state criminal offenses |
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65 | 65 | | 3.4and civil categories that prohibit a person from possessing a firearm. |
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66 | 66 | | 3.5 (j) Upon receipt of an application packet and any required fee, the sheriff must provide |
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67 | 67 | | 3.6a signed receipt indicating the date of submission. |
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68 | 68 | | 3.7 Sec. 2. Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read: |
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69 | 69 | | 3.8 Subd. 4.Investigation.(a) The sheriff must check, by means of electronic data transfer, |
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70 | 70 | | 3.9criminal records, histories, and warrant information on each applicant through the Minnesota |
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71 | 71 | | 3.10Crime Information System and the National Instant Criminal Background Check System. |
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72 | 72 | | 3.11In addition, if the applicant is not a United States citizen, the sheriff must ensure that an |
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73 | 73 | | 3.12Immigration Alien Query (IAQ) check is performed on the applicant. The sheriff shall also |
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74 | 74 | | 3.13make a reasonable effort to check other available and relevant federal, state, or local |
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75 | 75 | | 3.14record-keeping systems. The sheriff must obtain commitment information from the |
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76 | 76 | | 3.15commissioner of human services as provided in section 246C.15 or, if the information is |
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77 | 77 | | 3.16reasonably available, as provided by a similar statute from another state. |
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78 | 78 | | 3.17 (b) When an application for a permit is filed under this section, the sheriff must notify |
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79 | 79 | | 3.18the chief of police, if any, of the municipality where the applicant resides. The police chief |
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80 | 80 | | 3.19may provide the sheriff with any information relevant to the issuance of the permit. |
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81 | 81 | | 3.20 (c) The sheriff must conduct a background check by means of electronic data transfer |
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82 | 82 | | 3.21on a permit holder through the Minnesota Crime Information System and the National |
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83 | 83 | | 3.22Instant Criminal Background Check System at least yearly to ensure continuing eligibility. |
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84 | 84 | | 3.23The sheriff may also conduct additional background checks by means of electronic data |
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85 | 85 | | 3.24transfer on a permit holder at any time during the period that a permit is in effect. |
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86 | 86 | | 3Sec. 2. |
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87 | 87 | | 25-01246 as introduced12/17/24 REVISOR KLL/KR |
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