Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF278 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                            1.1	A bill for an act​
1.2 relating to public safety; expanding the information collected and scope of​
1.3 background check conducted for noncitizen permit to carry applicants; amending​
1.4 Minnesota Statutes 2024, section 624.714, subdivisions 3, 4.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:​
1.7 Subd. 3.Form and contents of application.(a) Applications for permits to carry must​
1.8be an official, standardized application form, adopted under section 624.7151, and must set​
1.9forth in writing only the following information:​
1.10 (1) the applicant's name, residence, telephone number, if any, and driver's license number​
1.11or state identification card number;​
1.12 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and​
1.13distinguishing physical characteristics, if any;​
1.14 (3) the township or statutory city or home rule charter city, and county, of all Minnesota​
1.15residences of the applicant in the last five years, though not including specific addresses;​
1.16 (4) the township or city, county, and state of all non-Minnesota residences of the applicant​
1.17in the last five years, though not including specific addresses;​
1.18 (5) a statement that the applicant authorizes the release to the sheriff of commitment​
1.19information about the applicant maintained by the commissioner of human services or any​
1.20similar agency or department of another state where the applicant has resided, to the extent​
1.21that the information relates to the applicant's eligibility to possess a firearm; and​
1​Section 1.​
25-01246 as introduced​12/17/24 REVISOR KLL/KR​
SENATE​
STATE OF MINNESOTA​
S.F. No. 278​NINETY-FOURTH SESSION​
(SENATE AUTHORS: LANG, Howe, Mathews, Pratt and Kreun)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​01/21/2025​
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,​
2.2the applicant is not prohibited by law from possessing a firearm.; and​
2.3 (7) if the applicant is not a United States citizen, the applicant's country of birth and​
2.4alien number or alien admission number.​
2.5 (b) The statement under paragraph (a), clause (5), must comply with any applicable​
2.6requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect​
2.7to consent to disclosure of alcohol or drug abuse patient records.​
2.8 (c) An applicant must submit to the sheriff an application packet consisting only of the​
2.9following items:​
2.10 (1) a completed application form, signed and dated by the applicant;​
2.11 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),​
2.12that is submitted as the applicant's evidence of training in the safe use of a pistol; and​
2.13 (3) an accurate photocopy of the applicant's current driver's license, state identification​
2.14card, or the photo page of the applicant's passport.​
2.15 (d) In addition to the other application materials, a person who is otherwise ineligible​
2.16for a permit due to a criminal conviction but who has obtained a pardon or expungement​
2.17setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,​
2.18must submit a copy of the relevant order.​
2.19 (e) Applications must be submitted in person.​
2.20 (f) The sheriff may charge a new application processing fee in an amount not to exceed​
2.21the actual and reasonable direct cost of processing the application or $100, whichever is​
2.22less. Of this amount, $10 must be submitted to the commissioner and deposited into the​
2.23general fund.​
2.24 (g) This subdivision prescribes the complete and exclusive set of items an applicant is​
2.25required to submit in order to apply for a new or renewal permit to carry. The applicant​
2.26must not be asked or required to submit, voluntarily or involuntarily, any information, fees,​
2.27or documentation beyond that specifically required by this subdivision. This paragraph does​
2.28not apply to alternate training evidence accepted by the sheriff under subdivision 2a,​
2.29paragraph (d).​
2.30 (h) Forms for new and renewal applications must be available at all sheriffs' offices and​
2.31the commissioner must make the forms available on the Internet.​
2​Section 1.​
25-01246 as introduced​12/17/24 REVISOR KLL/KR​ 3.1 (i) Application forms must clearly display a notice that a permit, if granted, is void and​
3.2must be immediately returned to the sheriff if the permit holder is or becomes prohibited​
3.3by law from possessing a firearm. The notice must list the applicable state criminal offenses​
3.4and civil categories that prohibit a person from possessing a firearm.​
3.5 (j) Upon receipt of an application packet and any required fee, the sheriff must provide​
3.6a signed receipt indicating the date of submission.​
3.7 Sec. 2. Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read:​
3.8 Subd. 4.Investigation.(a) The sheriff must check, by means of electronic data transfer,​
3.9criminal records, histories, and warrant information on each applicant through the Minnesota​
3.10Crime Information System and the National Instant Criminal Background Check System.​
3.11In addition, if the applicant is not a United States citizen, the sheriff must ensure that an​
3.12Immigration Alien Query (IAQ) check is performed on the applicant. The sheriff shall also​
3.13make a reasonable effort to check other available and relevant federal, state, or local​
3.14record-keeping systems. The sheriff must obtain commitment information from the​
3.15commissioner of human services as provided in section 246C.15 or, if the information is​
3.16reasonably available, as provided by a similar statute from another state.​
3.17 (b) When an application for a permit is filed under this section, the sheriff must notify​
3.18the chief of police, if any, of the municipality where the applicant resides. The police chief​
3.19may provide the sheriff with any information relevant to the issuance of the permit.​
3.20 (c) The sheriff must conduct a background check by means of electronic data transfer​
3.21on a permit holder through the Minnesota Crime Information System and the National​
3.22Instant Criminal Background Check System at least yearly to ensure continuing eligibility.​
3.23The sheriff may also conduct additional background checks by means of electronic data​
3.24transfer on a permit holder at any time during the period that a permit is in effect.​
3​Sec. 2.​
25-01246 as introduced​12/17/24 REVISOR KLL/KR​