Please note: There are a few subtle changes
from the 2003 statute. The one probably most affecting existing carry permit
holders is revision from the former "must post a sign AND verbally
inform" to "must post a sign OR verbally inform".
In any event, a carry permit holder is not
in violation unless at least one form of warning was provided AND
someone in apparent authority has ordered you to leave the premises AND
you refuse to leave when so ordered.
Please conduct yourself in a responsible manner. However, as before, even when lawfully posted (many
aren't), the signs do not prohibit you from carrying your firearm
into the premises until you are ordered to leave. If properly
concealed, this should not become an issue.
Craig Brownell,
Chief Instructor, MN Pistol Class, LLC
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 624
624.714 Carrying of weapons without permit;
penalties.
Subdivision 1.
Repealed, 2003 c 28 art 2 s 35
Subd. 1a.
Permit required; penalty. A person, other
than a peace officer,
as defined in section 626.84, subdivision
1, who carries, holds, or possesses a pistol
in a motor vehicle,
snowmobile, or boat,
or on or about the person's clothes or the
person, or otherwise
in possession or control in a public place,
as defined in section
624.7181, subdivision 1, paragraph (c),
without first having
obtained a permit to carry the pistol is
guilty of a gross
misdemeanor. A person who is convicted a
second or subsequent
time is guilty of a felony.
Subd. 1b.
Display of permit; penalty. (a) The holder
of a permit to carry
must have the permit card and a driver's
license, state
identification card, or other government-issued
photo identification
in immediate possession at all times when
carrying a pistol and
must display the permit card and
identification document
upon lawful demand by a peace officer,
as defined in section
626.84, subdivision 1.
A violation of
this paragraph is a
petty misdemeanor. The fine for a first
offense must not
exceed $25. Notwithstanding section 609.531, a
firearm carried in
violation of this paragraph is not subject to
forfeiture.
(b) A citation issued for violating
paragraph (a) must be
dismissed if the
person demonstrates, in court or in the office
of the arresting
officer, that the person was authorized to
carry the pistol at
the time of the alleged violation.
(c) Upon the request of a peace officer, a
permit holder
must write a sample
signature in the officer's presence to aid
in verifying the
person's identity.
(d) Upon the request of a peace officer, a
permit holder
shall disclose to the
officer whether or not the permit holder
is currently carrying
a firearm.
Subd. 2. Where application made; authority to issue
permit; criteria;
scope. (a) Applications by Minnesota
residents for permits
to carry shall be made to the county
sheriff where the
applicant resides. Nonresidents, as
defined
in section 171.01, subdivision 42, may apply to any sheriff.
(b) Unless a sheriff denies a permit under
the exception
set forth in
subdivision 6, paragraph (a), clause (3), a sheriff
must issue a permit
to an applicant if the person:
(1) has training in the safe use of a
pistol;
(2) is at least 21
years old and a citizen or a permanent
resident of the United States;
(3) completes an
application for a permit;
(4) is not
prohibited from possessing a firearm under the
following sections:
(i) 518B.01, subdivision 14;
(ii) 609.224, subdivision 3;
(iii) 609.2242, subdivision 3;
(iv) 609.749
, subdivision 8;
(v) 624.713;
(vi) 624.719;
(vii) 629.715, subdivision 2;
(viii) 629.72, subdivision 2; or
(ix) any federal law; and
(5) is not listed in the criminal gang
investigative data
system under section 299C.091.
(c) A permit to carry a pistol issued or
recognized under
this section is a state permit and is
effective throughout the
state.
(d) A sheriff may contract with a police
chief to process
permit applications under this section. If a sheriff contracts
with a police chief, the sheriff remains the
issuing authority
and the police chief acts as the sheriff's
agent. If a sheriff
contracts with a police chief, all of the
provisions of this
section will apply.
Subd. 2a.
Training in the safe use of a
pistol. (a)
An applicant must present evidence that the
applicant received
training in the safe use of a pistol within
one year of the date
of an original or renewal application. Training may be
demonstrated by:
(1) employment as a peace officer in the
state of Minnesota
within the past year; or
(2) completion of a firearms safety or
training course
providing basic training in the safe use of a
pistol and
conducted by a certified instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of
pistol use;
(2) successful completion of an actual
shooting
qualification exercise; and
(3)
instruction in the fundamental legal aspects of pistol
possession, carry, and use, including
self-defense and the
restrictions on the use of deadly force.
(c) The certified instructor must issue a
certificate to a
person who has completed a firearms safety or
training course
described in paragraph (b). The certificate must be signed by
the instructor and attest that the person
attended and completed
the course.
(d) A person qualifies as a certified
instructor if the
person is certified as a firearms instructor
within the past
five years by an organization or government
entity that has been
approved by the Department of Public Safety in
accordance with
the department's standards.
(e) A sheriff must accept the training
described in this
subdivision as meeting the requirement in
subdivision 2,
paragraph (b), for training in the safe use of
a pistol. A
sheriff may also accept other satisfactory
evidence of training
in the safe use of a pistol.
Subd. 3.
Form and contents of
application. (a)
Applications for permits to carry must be an
official,
standardized application form, adopted under
section 624.7151,
and must set forth in writing only the
following information:
(1) the applicant's name, residence,
telephone number, if
any, and driver's license number or state
identification card
number;
(2) the applicant's sex, date of birth,
height, weight, and
color of eyes and hair, and distinguishing
physical
characteristics, if any;
(3) the township or statutory city or home
rule charter
city, and county, of all Minnesota residences
of the applicant
in the last five years, though not including
specific addresses;
(4) the township or city, county, and state
of all
non-Minnesota residences of the applicant in
the last five
years, though not including specific
addresses;
(5) a statement that the applicant
authorizes the release
to the sheriff of commitment information about
the applicant
maintained by the commissioner of human
services or any similar
agency or department of another state where
the applicant has
resided, to the extent that the information
relates to the
applicant's eligibility to possess a firearm;
and
(6) a statement by the applicant that, to
the best of the
applicant's knowledge and belief, the
applicant is not
prohibited by law from possessing a firearm.
(b) The statement under paragraph (a),
clause (5), must
comply with any applicable requirements of
Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse
patient records.
(c) An applicant must submit to the sheriff
an application
packet consisting only of the following items:
(1) a completed application form, signed
and dated by the
applicant;
(2) an accurate photocopy of the
certificate described in
subdivision 2a, paragraph (c), that is
submitted as the
applicant's evidence of training in the safe
use of a pistol;
and
(3)
an accurate photocopy of the applicant's current
driver's license, state identification card,
or the photo page
of the applicant's passport.
(d) In addition to the other application
materials, a
person who is otherwise ineligible for a
permit due to a
criminal conviction but who has obtained a
pardon or expungement
setting aside the conviction, sealing the
conviction, or
otherwise restoring applicable rights, must
submit a copy of the
relevant order.
(e) Applications must be submitted in
person.
(f) The sheriff may charge a new
application processing fee
in an amount not to exceed the actual and
reasonable direct cost
of processing the application or $100,
whichever is less. Of
this amount, $10 must be submitted to the
commissioner and
deposited into the general fund.
(g) This subdivision prescribes the
complete and exclusive
set of items an applicant is required to
submit in order to
apply for a new or renewal permit to
carry. The applicant must
not be asked or required to submit,
voluntarily or
involuntarily, any information, fees, or
documentation beyond
that specifically required by this
subdivision. This paragraph
does not apply to alternate training evidence
accepted by the
sheriff under subdivision 2a, paragraph (d).
(h) Forms for new and renewal applications
must be
available at all sheriffs' offices and the
commissioner must
make the forms available on the Internet.
(i) Application forms must clearly display
a notice that a
permit, if granted, is void and must be
immediately returned to
the sheriff if the permit holder is or becomes
prohibited by law
from possessing a firearm. The notice must list the applicable
state criminal offenses and civil categories
that prohibit a
person from possessing a firearm.
(j) Upon receipt of an application packet
and any required
fee, the sheriff must provide a signed receipt
indicating the
date of submission.
Subd. 4.
Investigation. (a) The sheriff must check,
by means of electronic data transfer, criminal
records,
histories, and warrant information on each
applicant through the
Minnesota Crime Information System and, to the
extent necessary,
the National Instant Check System. The sheriff shall also make
a reasonable effort to check other available
and relevant
federal, state, or local record-keeping
systems. The sheriff
must obtain commitment information from the
commissioner of
human services as provided in section 245.041 or, if the
information is reasonably available, as
provided by a similar
statute from another state.
(b) When an application for a permit is
filed under this
section, the sheriff must notify the chief of
police, if any, of
the municipality where the applicant
resides. The police chief
may provide the sheriff with any information
relevant to the
issuance of the permit.
(c) The sheriff must conduct a background
check by means of
electronic data transfer on a permit holder
through the
Minnesota Crime Information System and, to the
extent necessary,
the National Instant Check System at least
yearly to ensure
continuing eligibility. The sheriff may conduct additional
background checks by means of electronic data
transfer on a
permit holder at any time during the period
that a permit is in
effect.
Subd. 5. Repealed, 2003 c 28 art 2 s 35
Subd. 6.
Granting and denial of
permits. (a) The
sheriff must, within 30 days after the date of
receipt of the
application packet described in subdivision 3:
(1) issue the permit to carry;
(2) deny the application for a permit to
carry solely on
the grounds that the applicant failed to
qualify under the
criteria described in subdivision 2, paragraph
(b); or
(3) deny the application on the grounds
that there exists a
substantial likelihood that the applicant is a
danger to self or
the public if authorized to carry a pistol
under a permit.
(b) Failure of the sheriff to notify the
applicant of the
denial of the application within 30 days after
the date of
receipt of the application packet constitutes
issuance of the
permit to carry and the sheriff must promptly
fulfill the
requirements under paragraph (c). To deny the application, the
sheriff must provide the applicant with
written notification and
the specific factual basis justifying the
denial under paragraph
(a), clause (2) or (3), including the source
of the factual
basis.
The sheriff must inform the applicant of the applicant's
right to submit, within 20 business days, any
additional
documentation relating to the propriety of the
denial. Upon
receiving any additional documentation, the
sheriff must
reconsider the denial and inform the applicant
within 15
business days of the result of the
reconsideration. Any denial
after reconsideration must be in the same form
and substance as
the original denial and must specifically
address any continued
deficiencies in light of the additional
documentation submitted
by the applicant. The applicant must be informed of the right
to seek de novo review of the denial as
provided in subdivision
12.
(c) Upon issuing a permit to carry, the
sheriff must
provide a laminated permit card to the
applicant by first class
mail unless personal delivery has been
made. Within five
business days, the sheriff must submit the
information specified
in subdivision 7, paragraph (a), to the
commissioner for
inclusion solely in the database required
under subdivision 15,
paragraph (a).
The sheriff must transmit the information in a
manner and format prescribed by the
commissioner.
(d) Within five business days of learning
that a permit to
carry has been suspended or revoked, the
sheriff must submit
information to the commissioner regarding the
suspension or
revocation for inclusion solely in the
databases required or
permitted under subdivision 15.
(e) Notwithstanding paragraphs (a) and (b),
the sheriff may
suspend the application process if a charge is
pending against
the applicant that, if resulting in
conviction, will prohibit
the applicant from possessing a firearm.
Subd. 7.
Permit card contents;
expiration; renewal.
(a) Permits to carry must be on an official,
standardized permit
card adopted by the commissioner, containing
only the name,
residence, and driver's license number or
state identification
card number of the permit holder, if any.
(b) The permit card must also identify the
issuing sheriff
and state the expiration date of the
permit. The permit card
must clearly display a notice that a permit,
if granted, is void
and must be immediately returned to the
sheriff if the permit
holder becomes prohibited by law from possessing
a firearm.
(c) A permit to carry a pistol issued under
this section
expires five years after the date of
issue. It may be renewed
in the same manner and under the same criteria
which the
original permit was obtained, subject to the
following
procedures:
(1) no earlier than 90 days prior to the
expiration date on
the permit, the permit holder may renew the
permit by submitting
to the appropriate sheriff the application
packet described in
subdivision 3 and a renewal processing fee not
to exceed the
actual and reasonable direct cost of
processing the application
or $75, whichever is less. Of this amount, $5 must be submitted
to the commissioner and deposited into the
general fund. The
sheriff must process the renewal application
in accordance with
subdivisions 4 and 6; and
(2) a permit holder who submits a renewal
application
packet after the expiration date of the
permit, but within 30
days after expiration, may renew the permit as
provided in
clause (1) by paying an additional late fee of
$10.
(d) The renewal permit is effective
beginning on the
expiration date of the prior permit to carry.
Subd. 7a.
Change of address; loss or
destruction of
permit. (a) Within 30 days after changing permanent
address,
or within 30 days of having lost or destroyed
the permit card,
the permit holder must notify the issuing
sheriff of the change,
loss, or destruction. Failure to provide notification as
required by this subdivision is a petty
misdemeanor. The fine
for a first offense must not exceed $25. Notwithstanding
section 609.531, a firearm carried in violation of
this
paragraph is not subject to forfeiture.
(b) After notice is given under paragraph
(a), a permit
holder may obtain a replacement permit card by
paying $10 to the
sheriff.
The request for a replacement permit card must be made
on an official, standardized application
adopted for this
purpose under section 624.7151, and, except in the case of an
address change, must include a notarized
statement that the
permit card has been lost or destroyed.
Subd. 8.
Permit to carry voided. (a) The permit to
carry is void at the time that the holder
becomes prohibited by
law from possessing a firearm, in which event
the holder must
return the permit card to the issuing sheriff
within five
business days after the holder knows or should
know that the
holder is a prohibited person. If the sheriff has knowledge
that a permit is void under this paragraph,
the sheriff must
give notice to the permit holder in writing in
the same manner
as a denial.
Failure of the holder to return the permit within
the five days is a gross misdemeanor unless
the court finds that
the circumstances or the physical or mental
condition of the
permit holder prevented the holder from
complying with the
return requirement.
(b) When a permit holder is convicted of an
offense that
prohibits the permit holder from possessing a
firearm, the court
must take possession of the permit, if it is
available, and send
it to the issuing sheriff.
(c) The sheriff of the county where the
application was
submitted, or of the county of the permit
holder's current
residence, may file a petition with the
district court therein,
for an order revoking a permit to carry on the
grounds set forth
in subdivision 6, paragraph (a), clause
(3). An order shall be
issued only if the sheriff meets the burden of
proof and
criteria set forth in subdivision 12. If the court denies the
petition, the court must award the permit
holder reasonable
costs and expenses, including attorney fees.
(d) A permit revocation must be promptly
reported to the
issuing sheriff.
Subd. 8a.
Prosecutor's duty. Whenever a person is
charged with an offense that would, upon
conviction, prohibit
the person from possessing a firearm, the
prosecuting attorney
must ascertain whether the person is a permit
holder under this
section.
If the person is a permit holder, the prosecutor must
notify the issuing sheriff that the person has
been charged with
a prohibiting offense. The prosecutor must also notify the
sheriff of the final disposition of the case.
Subd. 9.
Carrying pistols about one's
premises or for
purposes of repair, target practice. A permit to
carry is
not required of a person:
(a) to keep or carry about the person's
place of business,
dwelling house, premises or on land possessed
by the person a
pistol;
(b) to carry a pistol from a place of
purchase to the
person's dwelling house or place of business,
or from the
person's dwelling house or place of business
to or from a place
where repairing is done, to have the pistol
repaired;
(c) to carry a pistol between the person's
dwelling house
and place of business;
(d) to carry a pistol in the woods or
fields or upon the
waters of this state for the purpose of
hunting or of target
shooting in a safe area; or
(e) to transport a pistol in a motor
vehicle, snowmobile or
boat if the pistol is unloaded, contained in a
closed and
fastened case, gunbox, or securely tied
package.
Subd. 10.
False representations. A person who gives
or causes to be given any false material
information in applying
for a permit to carry, knowing or having
reason to know the
information is false, is guilty of a gross
misdemeanor.
Subd. 11.
No limit on number of
pistols. A person
shall not be restricted as to the number of
pistols the person
may carry.
Subd. 11a.
Emergency issuance of
permits. A sheriff
may immediately issue an emergency permit to a
person if the
sheriff determines that the person is in an
emergency situation
that may constitute an immediate risk to the
safety of the
person or someone residing in the person's
household. A person
seeking an emergency permit must complete an
application form
and must sign an affidavit describing the
emergency situation.
An emergency permit applicant does not need to
provide evidence
of training.
An emergency permit is valid for 30 days, may not
be renewed, and may be revoked without a
hearing. No fee may be
charged for an emergency permit. An emergency permit holder may
seek a regular permit under subdivision 3 and
is subject to the
other applicable provisions of this section.
Subd. 12.
Hearing upon denial or
revocation. (a) Any
person aggrieved by denial or revocation of a
permit to carry
may appeal by petition to the district court
having jurisdiction
over the county or municipality where the
application was
submitted.
The petition must list the sheriff as the
respondent.
The district court must hold a hearing at the
earliest practicable date and in any event no
later than 60 days
following the filing of the petition for
review. The court may
not grant or deny any relief before the
completion of the
hearing.
The record of the hearing must be sealed. The matter
must be heard de novo without a jury.
(b) The court must issue written findings
of fact and
conclusions of law regarding the issues
submitted by the
parties.
The court must issue its writ of mandamus directing
that the permit be issued and order other
appropriate relief
unless the sheriff establishes by clear and
convincing evidence:
(1) that the applicant is disqualified
under the criteria
described in subdivision 2, paragraph (b); or
(2) that there exists a substantial
likelihood that the
applicant is a danger to self or the public if
authorized to
carry a pistol under a permit. Incidents of alleged criminal
misconduct that are not investigated and
documented may not be
considered.
(c) If an applicant is denied a permit on
the grounds that
the applicant is listed in the criminal gang
investigative data
system under section 299C.091, the person may challenge the
denial, after disclosure under court
supervision of the reason
for that listing, based on grounds that the
person:
(1) was erroneously identified as a person
in the data
system;
(2) was improperly included in the data
system according to
the criteria outlined in section 299C.091, subdivision 2,
paragraph (b); or
(3) has demonstrably withdrawn from the
activities and
associations that led to inclusion in the data
system.
(d) If the court grants a petition brought
under paragraph
(a), the court must award the applicant or
permit holder
reasonable costs and expenses including
attorney fees.
Subd. 12a.
Suspension as condition of
release. The
district court may order suspension of the
application process
for a permit or suspend the permit of a permit
holder as a
condition of release pursuant to the same
criteria as the
surrender of firearms under section 629.715.
A permit
suspension must be promptly reported to the
issuing sheriff. If
the permit holder has an out-of-state permit
recognized under
subdivision 16, the court must promptly report
the suspension to
the commissioner for inclusion solely in the
database under
subdivision 15, paragraph (a).
Subd. 13.
Exemptions; adult
correctional facility
officers. A permit to carry a pistol is not required of
any
officer of a state adult correctional facility
when on guard
duty or otherwise engaged in an assigned duty.
Subd. 14.
Records. (a) A sheriff must not maintain
records or data collected, made, or held under
this section
concerning any applicant or permit holder that
are not necessary
under this section to support a permit that is
outstanding or
eligible for renewal under subdivision 7,
paragraph (b).
Notwithstanding section 138.163, sheriffs must completely purge
all files and databases by March 1 of each
year to delete all
information collected under this section
concerning all persons
who are no longer current permit holders or
currently eligible
to renew their permit.
(b) Paragraph (a) does not apply to records
or data
concerning an applicant or permit holder who
has had a permit
denied or revoked under the criteria
established in subdivision
2, paragraph (b), clause (1), or subdivision
6, paragraph (a),
clause (3), for a period of six years from the
date of the
denial or revocation.
Subd. 15.
Commissioner; contracts;
database. (a) The
commissioner must maintain an automated
database of persons
authorized to carry pistols under this section
that is available
24 hours a day, seven days a week, only to law
enforcement
agencies, including prosecutors carrying out
their duties under
subdivision 8a, to verify the validity of a
permit.
(b) The commissioner may maintain a
separate automated
database of denied applications for permits to
carry and of
revoked permits that is available only to
sheriffs performing
their duties under this section containing the
date of, the
statutory basis for, and the initiating agency
for any permit
application denied or permit revoked for a
period of six years
from the date of the denial or revocation.
(c) The commissioner may contract with one
or more vendors
to implement the commissioner's duties under
this section.
Subd. 16.
Recognition of permits from
other states.
(a) The commissioner must annually establish
and publish a list
of other states that have laws governing the
issuance of permits
to carry weapons that are not substantially
similar to this
section.
The list must be available on the Internet. A person
holding a carry permit from a state not on the
list may use the
license or permit in this state subject to the
rights,
privileges, and requirements of this section.
(b) Notwithstanding paragraph (a), no
license or permit
from another state is valid in this state if
the holder is or
becomes prohibited by law from possessing a
firearm.
(c) Any sheriff or police chief may file a
petition under
subdivision 12 seeking an order suspending or
revoking an
out-of-state permit holder's authority to
carry a pistol in this
state on the grounds set forth in subdivision
6, paragraph (a),
clause (3).
An order shall only be issued if the petitioner
meets the burden of proof and criteria set
forth in subdivision
12. If
the court denies the petition, the court must award the
permit holder reasonable costs and expenses
including attorney
fees.
The petition may be filed in any county in the state
where a person holding a license or permit
from another state
can be found.
(d) The commissioner must, when necessary,
execute
reciprocity agreements regarding carry permits
with
jurisdictions whose carry permits are
recognized under paragraph
(a).
Subd. 17.
Posting; trespass. (a) A person carrying a
firearm on or about his or her person or
clothes under a permit
or otherwise who remains at a private
establishment knowing that
the operator of the establishment or its agent
has made a
reasonable request that firearms not be
brought into the
establishment may be ordered to leave the
premises. A person
who fails to leave when so requested is guilty
of a petty
misdemeanor.
The fine for a first offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation
of this subdivision is not subject to
forfeiture.
(b) As used in this subdivision, the terms
in this
paragraph have the meanings given.