1.2relating to game and fish; allowing scopes on muzzleloaders;amending
1.3Minnesota Statutes 2012, section 97B.031, subdivision 5.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:
1.6 Subd. 5.
Scopes; visually impaired hunters on muzzleloaders. (a)
1.7Notwithstanding any other law to the contrary, the commissioner may issue a special
1.8permit, without a fee, to A person may use a muzzleloader with a scope to take deer
1.9during the muzzleloader season
to a person who obtains the required licenses and who has
1.10a visual impairment. The scope may not have magnification capabilities.
1.11(b) The visual impairment must be to the extent that the applicant is unable
1.12to identify targets and the rifle sights at the same time without a scope. The visual
1.13impairment and specific conditions must be established by medical evidence verified in
1.14writing by (1) a licensed physician or a certified nurse practitioner or certified physician
1.15assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
1.16or (3) a licensed optometrist. The commissioner may request additional information from
1.17the physician if needed to verify the applicant's eligibility for the permit.
1.18(c) A permit issued under this subdivision may be valid for up to five years, based
1.19on the permanence of the visual impairment as determined by the licensed physician,
1.20ophthalmologist, or optometrist.
1.21(d) The permit must be in the immediate possession of the permittee when hunting
1.22under the special permit.
1.23(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
1.24this subdivision for cause, including a violation of the game and fish laws or rules.
2.1(f) A person who knowingly makes a false application or assists another in making
2.2a false application for a permit under this subdivision is guilty of a misdemeanor. A
2.3physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
2.4optometrist who fraudulently certifies to the commissioner that a person is visually
2.5impaired as described in this subdivision is guilty of a misdemeanor.