1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; providing for the right to carry without a permit; providing |
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3 | 3 | | 1.3 for an optional permit to carry; amending Minnesota Statutes 2024, section 624.714, |
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4 | 4 | | 1.4 subdivisions 2, 3, 7, 15, 20, 23, by adding subdivisions; repealing Minnesota |
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5 | 5 | | 1.5 Statutes 2024, sections 624.714, subdivisions 1a, 1b, 16; 624.7181. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 624.714, is amended by adding a subdivision |
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8 | 8 | | 1.8to read: |
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9 | 9 | | 1.9 Subd. 1c.No permit required.(a) The legislature of the state of Minnesota recognizes |
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10 | 10 | | 1.10and declares that the second amendment of the United States Constitution guarantees the |
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11 | 11 | | 1.11fundamental, individual right to keep and bear arms. |
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12 | 12 | | 1.12 (b) A person who is not prohibited from possessing a firearm by any law of this state or |
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13 | 13 | | 1.13any federal law shall have the right to carry, hold, or possess a firearm in a motor vehicle, |
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14 | 14 | | 1.14snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in |
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15 | 15 | | 1.15possession or control in a public place. |
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16 | 16 | | 1.16 (c) For the purposes of this section, "public place" means property owned, leased, or |
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17 | 17 | | 1.17controlled by a governmental unit and private property that is regularly and frequently open |
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18 | 18 | | 1.18to or made available for use by the public in sufficient numbers to give clear notice of the |
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19 | 19 | | 1.19property's current dedication to public use but does not include: a person's dwelling house |
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20 | 20 | | 1.20or premises, the place of business owned or managed by the person, or land possessed by |
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21 | 21 | | 1.21the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields, |
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22 | 22 | | 1.22or waters of this state where the person is present lawfully for the purpose of hunting or |
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23 | 23 | | 1.23target shooting or other lawful activity involving firearms. |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 712NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: LUCERO, Draheim, Farnsworth and Wesenberg) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading01/27/2025 |
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32 | 32 | | Referred to Judiciary and Public Safety 2.1 Sec. 2. Minnesota Statutes 2024, section 624.714, is amended by adding a subdivision to |
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33 | 33 | | 2.2read: |
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34 | 34 | | 2.3 Subd. 1d.Optional carry permit.A person may apply for an optional permit to carry |
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35 | 35 | | 2.4a pistol as provided in this section. |
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36 | 36 | | 2.5 Sec. 3. Minnesota Statutes 2024, section 624.714, subdivision 2, is amended to read: |
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37 | 37 | | 2.6 Subd. 2.Where application made; authority to issue permit; criteria; scope.(a) |
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38 | 38 | | 2.7Applications by Minnesota residents for optional permits to carry shall be made to the county |
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39 | 39 | | 2.8sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision |
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40 | 40 | | 2.942, may apply to any sheriff. |
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41 | 41 | | 2.10 (b) Unless a sheriff denies a permit under the exception set forth in subdivision 6, |
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42 | 42 | | 2.11paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person: |
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43 | 43 | | 2.12 (1) has training in the safe use of a pistol; |
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44 | 44 | | 2.13 (2) is at least 21 years old and a citizen or a permanent resident of the United States; |
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45 | 45 | | 2.14 (3) completes an application for a permit; |
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46 | 46 | | 2.15 (4) is not prohibited from possessing a firearm under the following sections: |
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47 | 47 | | 2.16 (i) 518B.01, subdivision 14; |
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48 | 48 | | 2.17 (ii) 609.224, subdivision 3; |
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49 | 49 | | 2.18 (iii) 609.2242, subdivision 3; |
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50 | 50 | | 2.19 (iv) 609.749, subdivision 8; |
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51 | 51 | | 2.20 (v) 624.713; |
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52 | 52 | | 2.21 (vi) 624.719; |
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53 | 53 | | 2.22 (vii) 629.715, subdivision 2; |
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54 | 54 | | 2.23 (viii) 629.72, subdivision 2; or |
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55 | 55 | | 2.24 (ix) any federal law; and |
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56 | 56 | | 2.25 (5) is not listed in the criminal gang investigative data system under section 299C.091. |
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57 | 57 | | 2.26 (c) A permit to carry a pistol issued or recognized under this section is a state permit |
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58 | 58 | | 2.27and is effective throughout the state. |
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59 | 59 | | 2.28 (d) A sheriff may contract with a police chief to process permit applications under this |
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60 | 60 | | 2.29section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority |
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61 | 61 | | 2Sec. 3. |
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62 | 62 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 3.1and the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all |
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63 | 63 | | 3.2of the provisions of this section will apply. |
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64 | 64 | | 3.3 Sec. 4. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read: |
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65 | 65 | | 3.4 Subd. 3.Form and contents of application.(a) Applications for optional permits to |
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66 | 66 | | 3.5carry must be an official, standardized application form, adopted under section 624.7151, |
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67 | 67 | | 3.6and must set forth in writing only the following information: |
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68 | 68 | | 3.7 (1) the applicant's name, residence, telephone number, if any, and driver's license number |
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69 | 69 | | 3.8or state identification card number; |
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70 | 70 | | 3.9 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and |
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71 | 71 | | 3.10distinguishing physical characteristics, if any; |
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72 | 72 | | 3.11 (3) the township or statutory city or home rule charter city, and county, of all Minnesota |
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73 | 73 | | 3.12residences of the applicant in the last five years, though not including specific addresses; |
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74 | 74 | | 3.13 (4) the township or city, county, and state of all non-Minnesota residences of the applicant |
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75 | 75 | | 3.14in the last five years, though not including specific addresses; |
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76 | 76 | | 3.15 (5) a statement that the applicant authorizes the release to the sheriff of commitment |
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77 | 77 | | 3.16information about the applicant maintained by the commissioner of human services or any |
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78 | 78 | | 3.17similar agency or department of another state where the applicant has resided, to the extent |
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79 | 79 | | 3.18that the information relates to the applicant's eligibility to possess a firearm; and |
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80 | 80 | | 3.19 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief, |
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81 | 81 | | 3.20the applicant is not prohibited by law from possessing a firearm. |
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82 | 82 | | 3.21 (b) The statement under paragraph (a), clause (5), must comply with any applicable |
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83 | 83 | | 3.22requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
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84 | 84 | | 3.23to consent to disclosure of alcohol or drug abuse patient records. |
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85 | 85 | | 3.24 (c) An applicant must submit to the sheriff an application packet consisting only of the |
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86 | 86 | | 3.25following items: |
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87 | 87 | | 3.26 (1) a completed application form, signed and dated by the applicant; |
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88 | 88 | | 3.27 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), |
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89 | 89 | | 3.28that is submitted as the applicant's evidence of training in the safe use of a pistol; and |
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90 | 90 | | 3.29 (3) an accurate photocopy of the applicant's current driver's license, state identification |
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91 | 91 | | 3.30card, or the photo page of the applicant's passport. |
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92 | 92 | | 3Sec. 4. |
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93 | 93 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 4.1 (d) In addition to the other application materials, a person who is otherwise ineligible |
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94 | 94 | | 4.2for a permit due to a criminal conviction but who has obtained a pardon or expungement |
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95 | 95 | | 4.3setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, |
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96 | 96 | | 4.4must submit a copy of the relevant order. |
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97 | 97 | | 4.5 (e) Applications must be submitted in person. |
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98 | 98 | | 4.6 (f) The sheriff may charge a new application processing fee in an amount not to exceed |
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99 | 99 | | 4.7the actual and reasonable direct cost of processing the application or $100, whichever is |
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100 | 100 | | 4.8less. Of this amount, $10 must be submitted to the commissioner and deposited into the |
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101 | 101 | | 4.9general fund. |
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102 | 102 | | 4.10 (g) This subdivision prescribes the complete and exclusive set of items an applicant is |
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103 | 103 | | 4.11required to submit in order to apply for a new or renewal permit to carry. The applicant |
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104 | 104 | | 4.12must not be asked or required to submit, voluntarily or involuntarily, any information, fees, |
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105 | 105 | | 4.13or documentation beyond that specifically required by this subdivision. This paragraph does |
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106 | 106 | | 4.14not apply to alternate training evidence accepted by the sheriff under subdivision 2a, |
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107 | 107 | | 4.15paragraph (d). |
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108 | 108 | | 4.16 (h) Forms for new and renewal applications must be available at all sheriffs' offices and |
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109 | 109 | | 4.17the commissioner must make the forms available on the Internet. |
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110 | 110 | | 4.18 (i) Application forms must clearly display a notice that a permit, if granted, is void and |
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111 | 111 | | 4.19must be immediately returned to the sheriff if the permit holder is or becomes prohibited |
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112 | 112 | | 4.20by law from possessing a firearm. The notice must list the applicable state criminal offenses |
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113 | 113 | | 4.21and civil categories that prohibit a person from possessing a firearm. |
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114 | 114 | | 4.22 (j) Upon receipt of an application packet and any required fee, the sheriff must provide |
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115 | 115 | | 4.23a signed receipt indicating the date of submission. |
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116 | 116 | | 4.24 Sec. 5. Minnesota Statutes 2024, section 624.714, subdivision 7, is amended to read: |
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117 | 117 | | 4.25 Subd. 7.Permit card contents; expiration; renewal.(a) Optional permits to carry must |
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118 | 118 | | 4.26be on an official, standardized permit card adopted by the commissioner, containing only |
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119 | 119 | | 4.27the name, residence, and driver's license number or state identification card number of the |
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120 | 120 | | 4.28permit holder, if any. |
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121 | 121 | | 4.29 (b) The permit card must also identify the issuing sheriff and state the expiration date |
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122 | 122 | | 4.30of the permit. The permit card must clearly display a notice that a permit, if granted, is void |
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123 | 123 | | 4.31and must be immediately returned to the sheriff if the permit holder becomes prohibited by |
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124 | 124 | | 4.32law from possessing a firearm. |
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125 | 125 | | 4Sec. 5. |
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126 | 126 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 5.1 (c) A permit to carry a pistol issued under this section expires five years after the date |
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127 | 127 | | 5.2of issue. It may be renewed in the same manner and under the same criteria which the |
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128 | 128 | | 5.3original permit was obtained, subject to the following procedures: |
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129 | 129 | | 5.4 (1) no earlier than 90 days prior to the expiration date on the permit, the permit holder |
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130 | 130 | | 5.5may renew the permit by submitting to the appropriate sheriff the application packet described |
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131 | 131 | | 5.6in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct |
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132 | 132 | | 5.7cost of processing the application or $75, whichever is less. Of this amount, $5 must be |
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133 | 133 | | 5.8submitted to the commissioner and deposited into the general fund. The sheriff must process |
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134 | 134 | | 5.9the renewal application in accordance with subdivisions 4 and 6; and |
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135 | 135 | | 5.10 (2) a permit holder who submits a renewal application packet after the expiration date |
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136 | 136 | | 5.11of the permit, but within 30 days after expiration, may renew the permit as provided in |
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137 | 137 | | 5.12clause (1) by paying an additional late fee of $10. |
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138 | 138 | | 5.13 (d) The renewal permit is effective beginning on the expiration date of the prior permit |
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139 | 139 | | 5.14to carry. |
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140 | 140 | | 5.15 Sec. 6. Minnesota Statutes 2024, section 624.714, subdivision 15, is amended to read: |
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141 | 141 | | 5.16 Subd. 15.Commissioner; contracts; database.(a) The commissioner must maintain |
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142 | 142 | | 5.17an automated database of persons authorized to carry pistols issued an optional permit to |
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143 | 143 | | 5.18carry a pistol under this section that is available 24 hours a day, seven days a week, only to |
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144 | 144 | | 5.19law enforcement agencies, including prosecutors carrying out their duties under subdivision |
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145 | 145 | | 5.208a, to verify the validity of a permit. |
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146 | 146 | | 5.21 (b) The commissioner may maintain a separate automated database of denied applications |
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147 | 147 | | 5.22for optional permits to carry and of revoked permits that is available only to sheriffs |
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148 | 148 | | 5.23performing their duties under this section containing the date of, the statutory basis for, and |
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149 | 149 | | 5.24the initiating agency for any permit application denied or permit revoked for a period of six |
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150 | 150 | | 5.25years from the date of the denial or revocation. |
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151 | 151 | | 5.26 (c) The commissioner may contract with one or more vendors to implement the |
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152 | 152 | | 5.27commissioner's duties under this section. |
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153 | 153 | | 5.28 Sec. 7. Minnesota Statutes 2024, section 624.714, subdivision 20, is amended to read: |
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154 | 154 | | 5.29 Subd. 20.Monitoring.(a) By March 1, 2004, and each year thereafter, the commissioner |
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155 | 155 | | 5.30must report to the legislature on: |
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156 | 156 | | 5Sec. 7. |
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157 | 157 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 6.1 (1) the number of optional permits applied for, issued, suspended, revoked, and denied, |
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158 | 158 | | 6.2further categorized by the age, sex, and zip code of the applicant or permit holder, since the |
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159 | 159 | | 6.3previous submission, and in total; |
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160 | 160 | | 6.4 (2) the number of optional permits currently valid; |
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161 | 161 | | 6.5 (3) the specific reasons for each suspension, revocation, and denial and the number of |
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162 | 162 | | 6.6reversed, canceled, or corrected actions; |
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163 | 163 | | 6.7 (4) without expressly identifying an applicant, the number of denials or revocations |
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164 | 164 | | 6.8based on the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for |
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165 | 165 | | 6.9each denial or revocation, and the result of an appeal, if any, including the court's findings |
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166 | 166 | | 6.10of fact, conclusions of law, and order; |
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167 | 167 | | 6.11 (5) the number of convictions and types of crimes committed since the previous |
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168 | 168 | | 6.12submission, and in total, by individuals with permits legally carrying pistols as provided by |
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169 | 169 | | 6.13this section including data as to whether a firearm lawfully carried solely by virtue of a |
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170 | 170 | | 6.14permit this section was actually used in furtherance of the crime; |
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171 | 171 | | 6.15 (6) to the extent known or determinable, data on the lawful and justifiable use of firearms |
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172 | 172 | | 6.16by permit holders individuals legally carrying pistols as provided by this section; and |
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173 | 173 | | 6.17 (7) the status of the segregated funds reported to the commissioner under subdivision |
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174 | 174 | | 6.1821. |
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175 | 175 | | 6.19 (b) Sheriffs and police chiefs must supply the Department of Public Safety with the basic |
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176 | 176 | | 6.20data the department requires to complete the report under paragraph (a). Sheriffs and police |
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177 | 177 | | 6.21chiefs may submit data classified as private to the Department of Public Safety under this |
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178 | 178 | | 6.22paragraph. |
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179 | 179 | | 6.23 (c) Copies of the report under paragraph (a) must be made available to the public at the |
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180 | 180 | | 6.24actual cost of duplication. |
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181 | 181 | | 6.25 (d) Nothing contained in any provision of this section or any other law requires or |
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182 | 182 | | 6.26authorizes the registration, documentation, collection, or providing of serial numbers or |
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183 | 183 | | 6.27other data on firearms or on firearms' owners. |
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184 | 184 | | 6.28 Sec. 8. Minnesota Statutes 2024, section 624.714, subdivision 23, is amended to read: |
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185 | 185 | | 6.29 Subd. 23.Exclusivity.This section sets forth the complete and exclusive criteria and |
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186 | 186 | | 6.30procedures for the issuance of optional permits to carry and establishes their nature and |
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187 | 187 | | 6.31scope. No sheriff, police chief, governmental unit, government official, government |
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188 | 188 | | 6.32employee, or other person or body acting under color of law or governmental authority may |
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189 | 189 | | 6Sec. 8. |
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190 | 190 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 7.1change, modify, or supplement these criteria or procedures, or limit the exercise of a permit |
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191 | 191 | | 7.2the right to carry a firearm. |
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192 | 192 | | 7.3 Sec. 9. REPEALER. |
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193 | 193 | | 7.4 Minnesota Statutes 2024, sections 624.714, subdivisions 1a, 1b, and 16; and 624.7181, |
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194 | 194 | | 7.5are repealed. |
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195 | 195 | | 7Sec. 9. |
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196 | 196 | | 25-01190 as introduced12/17/24 REVISOR KLL/CH 624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES. |
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197 | 197 | | Subd. 1a.Permit required; penalty.A person, other than a peace officer, as defined in section |
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198 | 198 | | 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or |
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199 | 199 | | boat, or on or about the person's clothes or the person, or otherwise in possession or control in a |
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200 | 200 | | public place, as defined in section 624.7181, subdivision 1, paragraph (c), without first having |
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201 | 201 | | obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted |
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202 | 202 | | a second or subsequent time is guilty of a felony. |
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203 | 203 | | Subd. 1b.Display of permit; penalty.(a) The holder of a permit to carry must have the permit |
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204 | 204 | | card and a driver's license, state identification card, or other government-issued photo identification |
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205 | 205 | | in immediate possession at all times when carrying a pistol and must display the permit card and |
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206 | 206 | | identification document upon lawful demand by a peace officer, as defined in section 626.84, |
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207 | 207 | | subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense |
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208 | 208 | | must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph |
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209 | 209 | | is not subject to forfeiture. |
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210 | 210 | | (b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates, |
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211 | 211 | | in court or in the office of the arresting officer, that the person was authorized to carry the pistol at |
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212 | 212 | | the time of the alleged violation. |
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213 | 213 | | (c) Upon the request of a peace officer, a permit holder must write a sample signature in the |
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214 | 214 | | officer's presence to aid in verifying the person's identity. |
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215 | 215 | | (d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or |
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216 | 216 | | not the permit holder is currently carrying a firearm. |
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217 | 217 | | Subd. 16.Recognition of permits from other states.(a) The commissioner must annually |
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218 | 218 | | establish and publish a list of other states that have laws governing the issuance of permits to carry |
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219 | 219 | | weapons that are not similar to this section. The list must be available on the Internet. A person |
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220 | 220 | | holding a carry permit from a state not on the list may use the license or permit in this state subject |
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221 | 221 | | to the rights, privileges, and requirements of this section. |
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222 | 222 | | (b) Notwithstanding paragraph (a), no license or permit from another state is valid in this state |
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223 | 223 | | if the holder is or becomes prohibited by law from possessing a firearm. |
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224 | 224 | | (c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order |
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225 | 225 | | suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on the |
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226 | 226 | | grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the |
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227 | 227 | | petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies the |
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228 | 228 | | petition, the court must award the permit holder reasonable costs and expenses including attorney |
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229 | 229 | | fees. The petition may be filed in any county in the state where a person holding a license or permit |
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230 | 230 | | from another state can be found. |
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231 | 231 | | (d) The commissioner must, when necessary, execute reciprocity agreements regarding carry |
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232 | 232 | | permits with jurisdictions whose carry permits are recognized under paragraph (a). |
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233 | 233 | | 624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES. |
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234 | 234 | | Subdivision 1.Definitions.For purposes of this section, the following terms have the meanings |
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235 | 235 | | given them. |
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236 | 236 | | (a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in |
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237 | 237 | | diameter. |
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238 | 238 | | (b) "Carry" does not include: |
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239 | 239 | | (1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, |
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240 | 240 | | bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving |
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241 | 241 | | firearms occurs, or at funerals, parades, or other lawful ceremonies; |
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242 | 242 | | (2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case |
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243 | 243 | | expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, |
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244 | 244 | | buckled, tied, or otherwise fastened, and no portion of the firearm is exposed; |
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245 | 245 | | (3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section |
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246 | 246 | | 624.714; |
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247 | 247 | | (4) the carrying of an antique firearm as a curiosity or for its historical significance or value; |
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248 | 248 | | or |
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249 | 249 | | 1R |
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250 | 250 | | APPENDIX |
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251 | 251 | | Repealed Minnesota Statutes: 25-01190 (5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045. |
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252 | 252 | | (c) "Public place" means property owned, leased, or controlled by a governmental unit and |
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253 | 253 | | private property that is regularly and frequently open to or made available for use by the public in |
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254 | 254 | | sufficient numbers to give clear notice of the property's current dedication to public use but does |
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255 | 255 | | not include: a person's dwelling house or premises, the place of business owned or managed by the |
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256 | 256 | | person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; |
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257 | 257 | | or the woods, fields, or waters of this state where the person is present lawfully for the purpose of |
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258 | 258 | | hunting or target shooting or other lawful activity involving firearms. |
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259 | 259 | | Subd. 2.Penalties.Whoever carries a BB gun, rifle, or shotgun on or about the person in a |
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260 | 260 | | public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a |
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261 | 261 | | semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or |
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262 | 262 | | about the person in a public place is guilty of a felony. |
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263 | 263 | | Subd. 3.Exceptions.This section does not apply to officers, employees, or agents of law |
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264 | 264 | | enforcement agencies or the armed forces of this state or the United States, or private detectives or |
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265 | 265 | | protective agents, to the extent that these persons are authorized by law to carry firearms and are |
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266 | 266 | | acting in the scope of their official duties. |
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267 | 267 | | 2R |
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268 | 268 | | APPENDIX |
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269 | 269 | | Repealed Minnesota Statutes: 25-01190 |
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