Training in safe and legal handgun use for sport or self-defense.

Please note: There are a few subtle changes from the 2003 statute

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 Repealed, 2003 c 28 art 2 s 35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;

, subdivision 8;

(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

(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

(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

(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

(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;

(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

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

(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

(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

(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

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

(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

(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

(d) The commissioner must, when necessary, execute

reciprocity agreements regarding carry permits with

jurisdictions whose carry permits are recognized under paragraph

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.

(1) "Reasonable request" means a request made under the

following circumstances:

(i) the requester has prominently posted a conspicuous sign

at every entrance to the establishment containing the following

language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE

(ii) the requester or the requester's agent personally

informs the person that guns are prohibited in the premises and

demands compliance.

(2) "Prominently" means readily visible and within four

feet laterally of the entrance with the bottom of the sign at a

height of four to six feet above the floor.

(3) "Conspicuous" means lettering in black arial typeface

at least 1-1/2 inches in height against a bright contrasting

background that is at least 187 square inches in area.

(4) "Private establishment" means a building, structure, or

portion thereof that is owned, leased, controlled, or operated

by a nongovernmental entity for a nongovernmental purpose.

(c) The owner or operator of a private establishment may

not prohibit the lawful carry or possession of firearms in a

parking facility or parking area.

(d) This subdivision does not apply to private residences.

The lawful possessor of a private residence may prohibit

firearms, and provide notice thereof, in any lawful manner.

(e) A landlord may not restrict the lawful carry or

possession of firearms by tenants or their guests.

(f) Notwithstanding any inconsistent provisions in section

609.605, this subdivision sets forth the exclusive criteria to

notify a permit holder when otherwise lawful firearm possession

is not allowed in a private establishment and sets forth the

exclusive penalty for such activity.

(g) This subdivision does not apply to:

(1) an active licensed peace officer; or

(2) a security guard acting in the course and scope of

Subd. 18. Employers; public colleges and universities.

(a) An employer, whether public or private, may establish

policies that restrict the carry or possession of firearms by

its employees while acting in the course and scope of

employment. Employment related civil sanctions may be invoked

for a violation.

(b) A public postsecondary institution regulated under

chapter 136F or 137 may establish policies that restrict the

carry or possession of firearms by its students while on the

institution's property. Academic sanctions may be invoked for a

(c) Notwithstanding paragraphs (a) and (b), an employer or

a postsecondary institution may not prohibit the lawful carry or

possession of firearms in a parking facility or parking area.

Subd. 19. Immunity. Neither a sheriff, police chief,

any employee of a sheriff or police chief involved in the permit

issuing process, nor any certified instructor is liable for

damages resulting or arising from acts with a firearm committed

by a permit holder, unless the person had actual knowledge at

the time the permit was issued or the instruction was given that

the applicant was prohibited by law from possessing a firearm.

Subd. 20. Monitoring. (a) By March 1, 2004, and each

year thereafter, the commissioner must report to the legislature

(1) the number of permits applied for, issued, suspended,

revoked, and denied, further categorized by the age, sex, and

zip code of the applicant or permit holder, since the previous

submission, and in total;

(2) the number of permits currently valid;

(3) the specific reasons for each suspension, revocation,

and denial and the number of reversed, canceled, or corrected

(4) without expressly identifying an applicant, the number

of denials or revocations based on the grounds under subdivision

6, paragraph (a), clause (3), the factual basis for each denial

or revocation, and the result of an appeal, if any, including

the court's findings of fact, conclusions of law, and order;

(5) the number of convictions and types of crimes committed

since the previous submission, and in total, by individuals with

permits including data as to whether a firearm lawfully carried

solely by virtue of a permit was actually used in furtherance of

(6) to the extent known or determinable, data on the lawful

and justifiable use of firearms by permit holders; and

(7) the status of the segregated funds reported to the

commissioner under subdivision 21.

(b) Sheriffs and police chiefs must supply the Department

of Public Safety with the basic data the department requires to

complete the report under paragraph (a). Sheriffs and police

chiefs may submit data classified as private to the Department

of Public Safety under this paragraph.

(c) Copies of the report under paragraph (a) must be made

available to the public at the actual cost of duplication.