Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF438 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to public safety; amending the Minnesota Personal Protection Act; creating​
33 1.3 lifetime permits to carry handguns; reducing the application fee for permits to​
44 1.4 carry; amending Minnesota Statutes 2024, section 624.714, subdivisions 2a, 3, 7,​
55 1.5 14.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. Minnesota Statutes 2024, section 624.714, subdivision 2a, is amended to read:​
88 1.8 Subd. 2a.Training in safe use of a pistol.(a) An applicant must present evidence that​
99 1.9the applicant received training in the safe use of a pistol within one year of the date of an​
1010 1.10original or renewal application. Training may be demonstrated by:​
1111 1.11 (1) employment as a peace officer in the state of Minnesota within the past year; or​
1212 1.12 (2) completion of a firearms safety or training course providing basic training in the safe​
1313 1.13use of a pistol and conducted by a certified instructor.​
1414 1.14 (b) Basic training must include:​
1515 1.15 (1) instruction in the fundamentals of pistol use;​
1616 1.16 (2) successful completion of an actual shooting qualification exercise; and​
1717 1.17 (3) instruction in the fundamental legal aspects of pistol possession, carry, and use,​
1818 1.18including self-defense and the restrictions on the use of deadly force.​
1919 1.19 (c) The certified instructor must issue a certificate to a person who has completed a​
2020 1.20firearms safety or training course described in paragraph (b). The certificate must be signed​
2121 1.21by the instructor and attest that the person attended and completed the course.​
2222 1​Section 1.​
2323 25-00730 as introduced​12/05/24 REVISOR KLL/HL​
2424 SENATE​
2525 STATE OF MINNESOTA​
2626 S.F. No. 438​NINETY-FOURTH SESSION​
2727 (SENATE AUTHORS: GREEN)​
2828 OFFICIAL STATUS​D-PG​DATE​
2929 Introduction and first reading​01/21/2025​
3030 Referred to Judiciary and Public Safety​ 2.1 (d) A person qualifies as a certified instructor if the person is certified as a firearms​
3131 2.2instructor within the past five years by an organization or government entity that has been​
3232 2.3approved by the Department of Public Safety in accordance with the department's standards.​
3333 2.4 (e) A sheriff must accept the training described in this subdivision as meeting the​
3434 2.5requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff​
3535 2.6may also accept other satisfactory evidence of training in the safe use of a pistol.​
3636 2.7 Sec. 2. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:​
3737 2.8 Subd. 3.Form and contents of application.(a) Applications for permits to carry must​
3838 2.9be an official, standardized application form, adopted under section 624.7151, and must set​
3939 2.10forth in writing only the following information:​
4040 2.11 (1) the applicant's name, residence, telephone number, if any, and driver's license number​
4141 2.12or state identification card number;​
4242 2.13 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and​
4343 2.14distinguishing physical characteristics, if any;​
4444 2.15 (3) the township or statutory city or home rule charter city, and county, of all Minnesota​
4545 2.16residences of the applicant in the last five years, though not including specific addresses;​
4646 2.17 (4) the township or city, county, and state of all non-Minnesota residences of the applicant​
4747 2.18in the last five years, though not including specific addresses;​
4848 2.19 (5) a statement that the applicant authorizes the release to the sheriff of commitment​
4949 2.20information about the applicant maintained by the commissioner of human services or any​
5050 2.21similar agency or department of another state where the applicant has resided, to the extent​
5151 2.22that the information relates to the applicant's eligibility to possess a firearm; and​
5252 2.23 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief,​
5353 2.24the applicant is not prohibited by law from possessing a firearm.​
5454 2.25 (b) The statement under paragraph (a), clause (5), must comply with any applicable​
5555 2.26requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect​
5656 2.27to consent to disclosure of alcohol or drug abuse patient records.​
5757 2.28 (c) An applicant must submit to the sheriff an application packet consisting only of the​
5858 2.29following items:​
5959 2.30 (1) a completed application form, signed and dated by the applicant;​
6060 2​Sec. 2.​
6161 25-00730 as introduced​12/05/24 REVISOR KLL/HL​ 3.1 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),​
6262 3.2that is submitted as the applicant's evidence of training in the safe use of a pistol; and​
6363 3.3 (3) an accurate photocopy of the applicant's current driver's license, state identification​
6464 3.4card, or the photo page of the applicant's passport.​
6565 3.5 (d) In addition to the other application materials, a person who is otherwise ineligible​
6666 3.6for a permit due to a criminal conviction but who has obtained a pardon or expungement​
6767 3.7setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,​
6868 3.8must submit a copy of the relevant order.​
6969 3.9 (e) Applications must be submitted in person.​
7070 3.10 (f) The sheriff may charge a new an application processing fee in an amount not to​
7171 3.11exceed the actual and reasonable direct cost of processing the application or $100, whichever​
7272 3.12is less. Of this amount, $10 must be submitted to the commissioner and deposited into the​
7373 3.13general fund.​
7474 3.14 (g) This subdivision prescribes the complete and exclusive set of items an applicant is​
7575 3.15required to submit in order to apply for a new or renewal permit to carry. The applicant​
7676 3.16must not be asked or required to submit, voluntarily or involuntarily, any information, fees,​
7777 3.17or documentation beyond that specifically required by this subdivision. This paragraph does​
7878 3.18not apply to alternate training evidence accepted by the sheriff under subdivision 2a,​
7979 3.19paragraph (d).​
8080 3.20 (h) Forms for new and renewal applications must be available at all sheriffs' offices and​
8181 3.21the commissioner must make the forms available on the Internet.​
8282 3.22 (i) Application forms must clearly display a notice that a permit, if granted, is void and​
8383 3.23must be immediately returned to the sheriff if the permit holder is or becomes prohibited​
8484 3.24by law from possessing a firearm. The notice must list the applicable state criminal offenses​
8585 3.25and civil categories that prohibit a person from possessing a firearm.​
8686 3.26 (j) Upon receipt of an application packet and any required fee, the sheriff must provide​
8787 3.27a signed receipt indicating the date of submission.​
8888 3.28 Sec. 3. Minnesota Statutes 2024, section 624.714, subdivision 7, is amended to read:​
8989 3.29 Subd. 7.Permit card contents; no expiration; renewal.(a) Permits to carry must be​
9090 3.30on an official, standardized permit card adopted by the commissioner, containing only the​
9191 3.31name, residence, and driver's license number or state identification card number of the​
9292 3.32permit holder, if any.​
9393 3​Sec. 3.​
9494 25-00730 as introduced​12/05/24 REVISOR KLL/HL​ 4.1 (b) The permit card must also identify the issuing sheriff and state the expiration date​
9595 4.2of the permit. The permit card must clearly display a notice that a permit, if granted, is void​
9696 4.3and must be immediately returned to the sheriff if the permit holder becomes prohibited by​
9797 4.4law from possessing a firearm.​
9898 4.5 (c) A permit to carry a pistol issued under this section expires five years after the date​
9999 4.6of issue. It may be renewed in the same manner and under the same criteria which the​
100100 4.7original permit was obtained, subject to the following procedures: does not expire and permit​
101101 4.8cards issued after August 1, 2023, must prominently state that the permit does not expire.​
102102 4.9 (1) no earlier than 90 days prior to the expiration date on the permit, the permit holder​
103103 4.10may renew the permit by submitting to the appropriate sheriff the application packet described​
104104 4.11in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct​
105105 4.12cost of processing the application or $75, whichever is less. Of this amount, $5 must be​
106106 4.13submitted to the commissioner and deposited into the general fund. The sheriff must process​
107107 4.14the renewal application in accordance with subdivisions 4 and 6; and​
108108 4.15 (2) a permit holder who submits a renewal application packet after the expiration date​
109109 4.16of the permit, but within 30 days after expiration, may renew the permit as provided in​
110110 4.17clause (1) by paying an additional late fee of $10.​
111111 4.18 (d) The renewal permit is effective beginning on the expiration date of the prior permit​
112112 4.19to carry.​
113113 4.20 Sec. 4. Minnesota Statutes 2024, section 624.714, subdivision 14, is amended to read:​
114114 4.21 Subd. 14.Records.(a) A sheriff must not maintain records or data collected, made, or​
115115 4.22held under this section concerning any applicant or permit holder that are not necessary​
116116 4.23under this section to support a permit that is outstanding or eligible for renewal under​
117117 4.24subdivision 7, paragraph (b). Notwithstanding section 138.163, sheriffs must completely​
118118 4.25purge all files and databases by March 1 of each year to delete all information collected​
119119 4.26under this section concerning all persons who are no longer current permit holders or​
120120 4.27currently eligible to renew their permit.​
121121 4.28 (b) Paragraph (a) does not apply to records or data concerning an applicant or permit​
122122 4.29holder who has had a permit denied or revoked under the criteria established in subdivision​
123123 4.302, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a period of six​
124124 4.31years from the date of the denial or revocation.​
125125 4​Sec. 4.​
126126 25-00730 as introduced​12/05/24 REVISOR KLL/HL​ 5.1 Sec. 5. REPLACEMENT PERMITS TO CARRY.​
127127 5.2 A person with a valid permit to carry a handgun issued under Minnesota Statutes, section​
128128 5.3624.714, prior to August 1, 2025, shall request a replacement permit card that conforms​
129129 5.4with the requirements of Minnesota Statutes, section 624.714, subdivision 7, paragraph (c),​
130130 5.5prior to the expiration date listed on the permit holder's card. The issuing sheriff may charge​
131131 5.6up to $10 to issue a replacement card under this section.​
132132 5​Sec. 5.​
133133 25-00730 as introduced​12/05/24 REVISOR KLL/HL​