Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF712 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to public safety; providing for the right to carry without a permit; providing​
33 1.3 for an optional permit to carry; amending Minnesota Statutes 2024, section 624.714,​
44 1.4 subdivisions 2, 3, 7, 15, 20, 23, by adding subdivisions; repealing Minnesota​
55 1.5 Statutes 2024, sections 624.714, subdivisions 1a, 1b, 16; 624.7181.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. Minnesota Statutes 2024, section 624.714, is amended by adding a subdivision​
88 1.8to read:​
99 1.9 Subd. 1c.No permit required.(a) The legislature of the state of Minnesota recognizes​
1010 1.10and declares that the second amendment of the United States Constitution guarantees the​
1111 1.11fundamental, individual right to keep and bear arms.​
1212 1.12 (b) A person who is not prohibited from possessing a firearm by any law of this state or​
1313 1.13any federal law shall have the right to carry, hold, or possess a firearm in a motor vehicle,​
1414 1.14snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in​
1515 1.15possession or control in a public place.​
1616 1.16 (c) For the purposes of this section, "public place" means property owned, leased, or​
1717 1.17controlled by a governmental unit and private property that is regularly and frequently open​
1818 1.18to or made available for use by the public in sufficient numbers to give clear notice of the​
1919 1.19property's current dedication to public use but does not include: a person's dwelling house​
2020 1.20or premises, the place of business owned or managed by the person, or land possessed by​
2121 1.21the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields,​
2222 1.22or waters of this state where the person is present lawfully for the purpose of hunting or​
2323 1.23target shooting or other lawful activity involving firearms.​
2424 1​Section 1.​
2525 25-01190 as introduced​12/17/24 REVISOR KLL/CH​
2626 SENATE​
2727 STATE OF MINNESOTA​
2828 S.F. No. 712​NINETY-FOURTH SESSION​
2929 (SENATE AUTHORS: LUCERO, Draheim, Farnsworth and Wesenberg)​
3030 OFFICIAL STATUS​D-PG​DATE​
3131 Introduction and first reading​01/27/2025​
3232 Referred to Judiciary and Public Safety​ 2.1 Sec. 2. Minnesota Statutes 2024, section 624.714, is amended by adding a subdivision to​
3333 2.2read:​
3434 2.3 Subd. 1d.Optional carry permit.A person may apply for an optional permit to carry​
3535 2.4a pistol as provided in this section.​
3636 2.5 Sec. 3. Minnesota Statutes 2024, section 624.714, subdivision 2, is amended to read:​
3737 2.6 Subd. 2.Where application made; authority to issue permit; criteria; scope.(a)​
3838 2.7Applications by Minnesota residents for optional permits to carry shall be made to the county​
3939 2.8sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision​
4040 2.942, may apply to any sheriff.​
4141 2.10 (b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,​
4242 2.11paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:​
4343 2.12 (1) has training in the safe use of a pistol;​
4444 2.13 (2) is at least 21 years old and a citizen or a permanent resident of the United States;​
4545 2.14 (3) completes an application for a permit;​
4646 2.15 (4) is not prohibited from possessing a firearm under the following sections:​
4747 2.16 (i) 518B.01, subdivision 14;​
4848 2.17 (ii) 609.224, subdivision 3;​
4949 2.18 (iii) 609.2242, subdivision 3;​
5050 2.19 (iv) 609.749, subdivision 8;​
5151 2.20 (v) 624.713;​
5252 2.21 (vi) 624.719;​
5353 2.22 (vii) 629.715, subdivision 2;​
5454 2.23 (viii) 629.72, subdivision 2; or​
5555 2.24 (ix) any federal law; and​
5656 2.25 (5) is not listed in the criminal gang investigative data system under section 299C.091.​
5757 2.26 (c) A permit to carry a pistol issued or recognized under this section is a state permit​
5858 2.27and is effective throughout the state.​
5959 2.28 (d) A sheriff may contract with a police chief to process permit applications under this​
6060 2.29section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority​
6161 2​Sec. 3.​
6262 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 3.1and the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all​
6363 3.2of the provisions of this section will apply.​
6464 3.3 Sec. 4. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:​
6565 3.4 Subd. 3.Form and contents of application.(a) Applications for optional permits to​
6666 3.5carry must be an official, standardized application form, adopted under section 624.7151,​
6767 3.6and must set forth in writing only the following information:​
6868 3.7 (1) the applicant's name, residence, telephone number, if any, and driver's license number​
6969 3.8or state identification card number;​
7070 3.9 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and​
7171 3.10distinguishing physical characteristics, if any;​
7272 3.11 (3) the township or statutory city or home rule charter city, and county, of all Minnesota​
7373 3.12residences of the applicant in the last five years, though not including specific addresses;​
7474 3.13 (4) the township or city, county, and state of all non-Minnesota residences of the applicant​
7575 3.14in the last five years, though not including specific addresses;​
7676 3.15 (5) a statement that the applicant authorizes the release to the sheriff of commitment​
7777 3.16information about the applicant maintained by the commissioner of human services or any​
7878 3.17similar agency or department of another state where the applicant has resided, to the extent​
7979 3.18that the information relates to the applicant's eligibility to possess a firearm; and​
8080 3.19 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief,​
8181 3.20the applicant is not prohibited by law from possessing a firearm.​
8282 3.21 (b) The statement under paragraph (a), clause (5), must comply with any applicable​
8383 3.22requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect​
8484 3.23to consent to disclosure of alcohol or drug abuse patient records.​
8585 3.24 (c) An applicant must submit to the sheriff an application packet consisting only of the​
8686 3.25following items:​
8787 3.26 (1) a completed application form, signed and dated by the applicant;​
8888 3.27 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),​
8989 3.28that is submitted as the applicant's evidence of training in the safe use of a pistol; and​
9090 3.29 (3) an accurate photocopy of the applicant's current driver's license, state identification​
9191 3.30card, or the photo page of the applicant's passport.​
9292 3​Sec. 4.​
9393 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 4.1 (d) In addition to the other application materials, a person who is otherwise ineligible​
9494 4.2for a permit due to a criminal conviction but who has obtained a pardon or expungement​
9595 4.3setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,​
9696 4.4must submit a copy of the relevant order.​
9797 4.5 (e) Applications must be submitted in person.​
9898 4.6 (f) The sheriff may charge a new application processing fee in an amount not to exceed​
9999 4.7the actual and reasonable direct cost of processing the application or $100, whichever is​
100100 4.8less. Of this amount, $10 must be submitted to the commissioner and deposited into the​
101101 4.9general fund.​
102102 4.10 (g) This subdivision prescribes the complete and exclusive set of items an applicant is​
103103 4.11required to submit in order to apply for a new or renewal permit to carry. The applicant​
104104 4.12must not be asked or required to submit, voluntarily or involuntarily, any information, fees,​
105105 4.13or documentation beyond that specifically required by this subdivision. This paragraph does​
106106 4.14not apply to alternate training evidence accepted by the sheriff under subdivision 2a,​
107107 4.15paragraph (d).​
108108 4.16 (h) Forms for new and renewal applications must be available at all sheriffs' offices and​
109109 4.17the commissioner must make the forms available on the Internet.​
110110 4.18 (i) Application forms must clearly display a notice that a permit, if granted, is void and​
111111 4.19must be immediately returned to the sheriff if the permit holder is or becomes prohibited​
112112 4.20by law from possessing a firearm. The notice must list the applicable state criminal offenses​
113113 4.21and civil categories that prohibit a person from possessing a firearm.​
114114 4.22 (j) Upon receipt of an application packet and any required fee, the sheriff must provide​
115115 4.23a signed receipt indicating the date of submission.​
116116 4.24 Sec. 5. Minnesota Statutes 2024, section 624.714, subdivision 7, is amended to read:​
117117 4.25 Subd. 7.Permit card contents; expiration; renewal.(a) Optional permits to carry must​
118118 4.26be on an official, standardized permit card adopted by the commissioner, containing only​
119119 4.27the name, residence, and driver's license number or state identification card number of the​
120120 4.28permit holder, if any.​
121121 4.29 (b) The permit card must also identify the issuing sheriff and state the expiration date​
122122 4.30of the permit. The permit card must clearly display a notice that a permit, if granted, is void​
123123 4.31and must be immediately returned to the sheriff if the permit holder becomes prohibited by​
124124 4.32law from possessing a firearm.​
125125 4​Sec. 5.​
126126 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 5.1 (c) A permit to carry a pistol issued under this section expires five years after the date​
127127 5.2of issue. It may be renewed in the same manner and under the same criteria which the​
128128 5.3original permit was obtained, subject to the following procedures:​
129129 5.4 (1) no earlier than 90 days prior to the expiration date on the permit, the permit holder​
130130 5.5may renew the permit by submitting to the appropriate sheriff the application packet described​
131131 5.6in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct​
132132 5.7cost of processing the application or $75, whichever is less. Of this amount, $5 must be​
133133 5.8submitted to the commissioner and deposited into the general fund. The sheriff must process​
134134 5.9the renewal application in accordance with subdivisions 4 and 6; and​
135135 5.10 (2) a permit holder who submits a renewal application packet after the expiration date​
136136 5.11of the permit, but within 30 days after expiration, may renew the permit as provided in​
137137 5.12clause (1) by paying an additional late fee of $10.​
138138 5.13 (d) The renewal permit is effective beginning on the expiration date of the prior permit​
139139 5.14to carry.​
140140 5.15 Sec. 6. Minnesota Statutes 2024, section 624.714, subdivision 15, is amended to read:​
141141 5.16 Subd. 15.Commissioner; contracts; database.(a) The commissioner must maintain​
142142 5.17an automated database of persons authorized to carry pistols issued an optional permit to​
143143 5.18carry a pistol under this section that is available 24 hours a day, seven days a week, only to​
144144 5.19law enforcement agencies, including prosecutors carrying out their duties under subdivision​
145145 5.208a, to verify the validity of a permit.​
146146 5.21 (b) The commissioner may maintain a separate automated database of denied applications​
147147 5.22for optional permits to carry and of revoked permits that is available only to sheriffs​
148148 5.23performing their duties under this section containing the date of, the statutory basis for, and​
149149 5.24the initiating agency for any permit application denied or permit revoked for a period of six​
150150 5.25years from the date of the denial or revocation.​
151151 5.26 (c) The commissioner may contract with one or more vendors to implement the​
152152 5.27commissioner's duties under this section.​
153153 5.28 Sec. 7. Minnesota Statutes 2024, section 624.714, subdivision 20, is amended to read:​
154154 5.29 Subd. 20.Monitoring.(a) By March 1, 2004, and each year thereafter, the commissioner​
155155 5.30must report to the legislature on:​
156156 5​Sec. 7.​
157157 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 6.1 (1) the number of optional permits applied for, issued, suspended, revoked, and denied,​
158158 6.2further categorized by the age, sex, and zip code of the applicant or permit holder, since the​
159159 6.3previous submission, and in total;​
160160 6.4 (2) the number of optional permits currently valid;​
161161 6.5 (3) the specific reasons for each suspension, revocation, and denial and the number of​
162162 6.6reversed, canceled, or corrected actions;​
163163 6.7 (4) without expressly identifying an applicant, the number of denials or revocations​
164164 6.8based on the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for​
165165 6.9each denial or revocation, and the result of an appeal, if any, including the court's findings​
166166 6.10of fact, conclusions of law, and order;​
167167 6.11 (5) the number of convictions and types of crimes committed since the previous​
168168 6.12submission, and in total, by individuals with permits legally carrying pistols as provided by​
169169 6.13this section including data as to whether a firearm lawfully carried solely by virtue of a​
170170 6.14permit this section was actually used in furtherance of the crime;​
171171 6.15 (6) to the extent known or determinable, data on the lawful and justifiable use of firearms​
172172 6.16by permit holders individuals legally carrying pistols as provided by this section; and​
173173 6.17 (7) the status of the segregated funds reported to the commissioner under subdivision​
174174 6.1821.​
175175 6.19 (b) Sheriffs and police chiefs must supply the Department of Public Safety with the basic​
176176 6.20data the department requires to complete the report under paragraph (a). Sheriffs and police​
177177 6.21chiefs may submit data classified as private to the Department of Public Safety under this​
178178 6.22paragraph.​
179179 6.23 (c) Copies of the report under paragraph (a) must be made available to the public at the​
180180 6.24actual cost of duplication.​
181181 6.25 (d) Nothing contained in any provision of this section or any other law requires or​
182182 6.26authorizes the registration, documentation, collection, or providing of serial numbers or​
183183 6.27other data on firearms or on firearms' owners.​
184184 6.28 Sec. 8. Minnesota Statutes 2024, section 624.714, subdivision 23, is amended to read:​
185185 6.29 Subd. 23.Exclusivity.This section sets forth the complete and exclusive criteria and​
186186 6.30procedures for the issuance of optional permits to carry and establishes their nature and​
187187 6.31scope. No sheriff, police chief, governmental unit, government official, government​
188188 6.32employee, or other person or body acting under color of law or governmental authority may​
189189 6​Sec. 8.​
190190 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 7.1change, modify, or supplement these criteria or procedures, or limit the exercise of a permit​
191191 7.2the right to carry a firearm.​
192192 7.3 Sec. 9. REPEALER.​
193193 7.4 Minnesota Statutes 2024, sections 624.714, subdivisions 1a, 1b, and 16; and 624.7181,​
194194 7.5are repealed.​
195195 7​Sec. 9.​
196196 25-01190 as introduced​12/17/24 REVISOR KLL/CH​ 624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.​
197197 Subd. 1a.Permit required; penalty.A person, other than a peace officer, as defined in section​
198198 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or​
199199 boat, or on or about the person's clothes or the person, or otherwise in possession or control in a​
200200 public place, as defined in section 624.7181, subdivision 1, paragraph (c), without first having​
201201 obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted​
202202 a second or subsequent time is guilty of a felony.​
203203 Subd. 1b.Display of permit; penalty.(a) The holder of a permit to carry must have the permit​
204204 card and a driver's license, state identification card, or other government-issued photo identification​
205205 in immediate possession at all times when carrying a pistol and must display the permit card and​
206206 identification document upon lawful demand by a peace officer, as defined in section 626.84,​
207207 subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense​
208208 must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph​
209209 is not subject to forfeiture.​
210210 (b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates,​
211211 in court or in the office of the arresting officer, that the person was authorized to carry the pistol at​
212212 the time of the alleged violation.​
213213 (c) Upon the request of a peace officer, a permit holder must write a sample signature in the​
214214 officer's presence to aid in verifying the person's identity.​
215215 (d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or​
216216 not the permit holder is currently carrying a firearm.​
217217 Subd. 16.Recognition of permits from other states.(a) The commissioner must annually​
218218 establish and publish a list of other states that have laws governing the issuance of permits to carry​
219219 weapons that are not similar to this section. The list must be available on the Internet. A person​
220220 holding a carry permit from a state not on the list may use the license or permit in this state subject​
221221 to the rights, privileges, and requirements of this section.​
222222 (b) Notwithstanding paragraph (a), no license or permit from another state is valid in this state​
223223 if the holder is or becomes prohibited by law from possessing a firearm.​
224224 (c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order​
225225 suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on the​
226226 grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the​
227227 petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies the​
228228 petition, the court must award the permit holder reasonable costs and expenses including attorney​
229229 fees. The petition may be filed in any county in the state where a person holding a license or permit​
230230 from another state can be found.​
231231 (d) The commissioner must, when necessary, execute reciprocity agreements regarding carry​
232232 permits with jurisdictions whose carry permits are recognized under paragraph (a).​
233233 624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.​
234234 Subdivision 1.Definitions.For purposes of this section, the following terms have the meanings​
235235 given them.​
236236 (a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in​
237237 diameter.​
238238 (b) "Carry" does not include:​
239239 (1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired,​
240240 bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving​
241241 firearms occurs, or at funerals, parades, or other lawful ceremonies;​
242242 (2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case​
243243 expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped,​
244244 buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;​
245245 (3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section​
246246 624.714;​
247247 (4) the carrying of an antique firearm as a curiosity or for its historical significance or value;​
248248 or​
249249 1R​
250250 APPENDIX​
251251 Repealed Minnesota Statutes: 25-01190​ (5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.​
252252 (c) "Public place" means property owned, leased, or controlled by a governmental unit and​
253253 private property that is regularly and frequently open to or made available for use by the public in​
254254 sufficient numbers to give clear notice of the property's current dedication to public use but does​
255255 not include: a person's dwelling house or premises, the place of business owned or managed by the​
256256 person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility;​
257257 or the woods, fields, or waters of this state where the person is present lawfully for the purpose of​
258258 hunting or target shooting or other lawful activity involving firearms.​
259259 Subd. 2.Penalties.Whoever carries a BB gun, rifle, or shotgun on or about the person in a​
260260 public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a​
261261 semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or​
262262 about the person in a public place is guilty of a felony.​
263263 Subd. 3.Exceptions.This section does not apply to officers, employees, or agents of law​
264264 enforcement agencies or the armed forces of this state or the United States, or private detectives or​
265265 protective agents, to the extent that these persons are authorized by law to carry firearms and are​
266266 acting in the scope of their official duties.​
267267 2R​
268268 APPENDIX​
269269 Repealed Minnesota Statutes: 25-01190​