Bill Text: MN HF294 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Firearm restoration eligibility judicial challenge processes modified for persons who have become ineligible and for persons who have been denied a permit to carry a handgun.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-04 - Introduction and first reading, referred to Public Safety Finance and Policy [HF294 Detail]
Download: Minnesota-2013-HF294-Introduced.html
1.2relating to public safety; modifying the judicial process for restoring firearms
1.3eligibility to certain persons who have become ineligible; modifying the judicial
1.4challenge process for persons who have been denied a permit to carry a handgun;
1.5amending Minnesota Statutes 2012, sections 609.165, subdivision 1d; 624.713,
1.6subdivision 4; 624.714, subdivisions 6, 8, 12.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:
1.9 Subd. 1d. Judicial restoration of ability to possess firearm by felon. (a) A person
1.10prohibited by state law from shipping, transporting, possessing, or receiving a firearm
1.11because of a conviction or a delinquency adjudication for committing a crime of violence
1.12may petition a court to restore the person's ability to possess, receive, ship, or transport
1.13firearms and otherwise deal with firearms if at least five years have elapsed since the
1.14person's sentence was discharged.
1.15(b) A person petitioning the court under paragraph (a) shall serve a copy of the
1.16petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
1.17and the corrections agent, if any, who supervised the person in the community before the
1.18person's sentence was discharged.
1.19(c) The court may grant the relief sought if the person shows good cause to do so
1.20and the personhas been released from physical confinement establishes by clear and
1.21convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
1.22to public safety; and (2) the granting of relief is not contrary to the public interest.
1.23(d) If a petition is denied, the person may not file another petition until three years
1.24have elapsed without the permission of the court.
1.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
2.2 Subd. 4. Restoration of firearms eligibility to civilly committed person; petition
2.3authorized. (a) A person who is prohibited from possessing a firearm under subdivision
2.41, due to commitment resulting from a judicial determination that the person is mentally
2.5ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may
2.6petition a court to restore the person's ability to possess a firearm.
2.7(b) A person petitioning the court under paragraph (a) shall serve a copy of the
2.8petition by mail on the prosecutorial office responsible for the commitment.
2.9(b) (c) The court may grant the relief sought in paragraph (a) in accordance with the
2.10principles of due process if the person establishes by clear and convincing evidence that
2.11the circumstances regarding the person's disqualifying condition and the person's record
2.12and reputation aredetermined to be such that:
2.13(1) the person is not likely to act in a manner that is dangerous to public safety; and
2.14(2) the granting of relief would not be contrary to the public interest.
2.15(c) (d) When determining whether a person has met the requirement of paragraph (b)
2.16 (c), clause (1), the court may consider evidence from a licensed medical doctor or clinical
2.17psychologist that the person is no longer suffering from the disease or condition that
2.18caused the disability or that the disease or condition has been successfully treated for a
2.19period of three consecutive years.
2.20(d) (e) Review on appeal shall be de novo.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 3. Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:
2.23 Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days
2.24after the date of receipt of the application packet described in subdivision 3:
2.25(1) issue the permit to carry;
2.26(2) deny the application for a permit to carry solely on the grounds that the applicant
2.27failed to qualify under the criteria described in subdivision 2, paragraph (b); or
2.28(3) deny the application on the grounds that there exists asubstantial likelihood that
2.29the applicant is a danger to self or the public if authorized to carry a pistol under a permit.
2.30(b) Failure of the sheriff to notify the applicant of the denial of the application
2.31within 30 days after the date of receipt of the application packet constitutes issuance of the
2.32permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
2.33To deny the application, the sheriff must provide the applicant with written notification
2.34and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
2.35including the source of the factual basis. The sheriff must inform the applicant of the
3.1applicant's right to submit, within 20 business days, any additional documentation relating
3.2to the propriety of the denial. Upon receiving any additional documentation, the sheriff
3.3must reconsider the denial and inform the applicant within 15 business days of the result
3.4of the reconsideration. Any denial after reconsideration must be in the same form and
3.5substance as the original denial and must specifically address any continued deficiencies
3.6in light of the additional documentation submitted by the applicant. The applicant must be
3.7informed of the right to seek de novo review of the denial as provided in subdivision 12.
3.8(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
3.9card to the applicant by first class mail unless personal delivery has been made. Within
3.10five business days, the sheriff must submit the information specified in subdivision 7,
3.11paragraph (a), to the commissioner for inclusion solely in the database required under
3.12subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
3.13format prescribed by the commissioner.
3.14(d) Within five business days of learning that a permit to carry has been suspended
3.15or revoked, the sheriff must submit information to the commissioner regarding the
3.16suspension or revocation for inclusion solely in the databases required or permitted under
3.17subdivision 15.
3.18(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
3.19process if a charge is pending against the applicant that, if resulting in conviction, will
3.20prohibit the applicant from possessing a firearm.
3.21EFFECTIVE DATE.This section is effective the day following final enactment.
3.22 Sec. 4. Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:
3.23 Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the
3.24holder becomes prohibited by law from possessing a firearm, in which event the holder
3.25must return the permit card to the issuing sheriff within five business days after the holder
3.26knows or should know that the holder is a prohibited person. If the sheriff has knowledge
3.27that a permit is void under this paragraph, the sheriff must give notice to the permit holder
3.28in writing in the same manner as a denial. Failure of the holder to return the permit within
3.29the five days is a gross misdemeanor unless the court finds that the circumstances or the
3.30physical or mental condition of the permit holder prevented the holder from complying
3.31with the return requirement.
3.32(b) When a permit holder is convicted of an offense that prohibits the permit holder
3.33from possessing a firearm, the court must take possession of the permit, if it is available,
3.34and send it to the issuing sheriff.
4.1(c) The sheriff of the county where the application was submitted, or of the county
4.2of the permit holder's current residence, may file a petition with the district court therein,
4.3for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph
4.4(a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and
4.5criteria set forth in subdivision 12.If the court denies the petition, the court must award
4.6the permit holder reasonable costs and expenses, including attorney fees.
4.7(d) A permit revocation must be promptly reported to the issuing sheriff.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
4.9 Sec. 5. Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:
4.10 Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial
4.11or revocation of a permit to carry may appeal by petition to the district court having
4.12jurisdiction over the county or municipality where the application was submitted. The
4.13petition must list the sheriff as the respondent. The district court must hold a hearing at
4.14the earliest practicable date and in any event no later than 60 days following the filing of
4.15the petition for review. The court may not grant or deny any relief before the completion
4.16of the hearing. The record of the hearing must be sealed. The matter must be heard de
4.17novo without a jury.
4.18(b) The court must issue written findings of fact and conclusions of law regarding
4.19the issues submitted by the parties. The court must issue its writ of mandamus directing
4.20that the permit be issued and order other appropriate relief unless the sheriff establishes
4.21byclear and convincing a preponderance of the evidence:
4.22(1) that the applicant is disqualified under the criteria described in subdivision 2,
4.23paragraph (b); or
4.24(2) that there exists asubstantial likelihood that the applicant is a danger to self or
4.25the public if authorized to carry a pistol under a permit.Incidents of alleged criminal
4.26misconduct that are not investigated and documented may not be considered.
4.27(c) If an applicant is denied a permit on the grounds that the applicant is listed in
4.28the criminal gang investigative data system under section299C.091 , the person may
4.29challenge the denial, after disclosure under court supervision of the reason for that listing,
4.30based on grounds that the person:
4.31(1) was erroneously identified as a person in the data system;
4.32(2) was improperly included in the data system according to the criteria outlined in
4.33section299C.091, subdivision 2 , paragraph (b); or
4.34(3) has demonstrably withdrawn from the activities and associations that led to
4.35inclusion in the data system.
5.1(d) If the court grants a petition brought under paragraph (a), the court must award
5.2the applicant or permit holder reasonable costs and expenses including attorney fees.
5.3EFFECTIVE DATE.This section is effective the day following final enactment.
1.3eligibility to certain persons who have become ineligible; modifying the judicial
1.4challenge process for persons who have been denied a permit to carry a handgun;
1.5amending Minnesota Statutes 2012, sections 609.165, subdivision 1d; 624.713,
1.6subdivision 4; 624.714, subdivisions 6, 8, 12.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 609.165, subdivision 1d, is amended to read:
1.9 Subd. 1d. Judicial restoration of ability to possess firearm by felon. (a) A person
1.10prohibited by state law from shipping, transporting, possessing, or receiving a firearm
1.11because of a conviction or a delinquency adjudication for committing a crime of violence
1.12may petition a court to restore the person's ability to possess, receive, ship, or transport
1.13firearms and otherwise deal with firearms if at least five years have elapsed since the
1.14person's sentence was discharged.
1.15(b) A person petitioning the court under paragraph (a) shall serve a copy of the
1.16petition by mail on the prosecutorial office that had jurisdiction over the crime of violence
1.17and the corrections agent, if any, who supervised the person in the community before the
1.18person's sentence was discharged.
1.19(c) The court may grant the relief sought if the person shows good cause to do so
1.20and the person
1.21convincing evidence that: (1) the person is not likely to act in a manner that is dangerous
1.22to public safety; and (2) the granting of relief is not contrary to the public interest.
1.23(d) If a petition is denied, the person may not file another petition until three years
1.24have elapsed without the permission of the court.
1.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2012, section 624.713, subdivision 4, is amended to read:
2.2 Subd. 4. Restoration of firearms eligibility to civilly committed person; petition
2.3authorized. (a) A person who is prohibited from possessing a firearm under subdivision
2.41, due to commitment resulting from a judicial determination that the person is mentally
2.5ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may
2.6petition a court to restore the person's ability to possess a firearm.
2.7(b) A person petitioning the court under paragraph (a) shall serve a copy of the
2.8petition by mail on the prosecutorial office responsible for the commitment.
2.9
2.10principles of due process if the person establishes by clear and convincing evidence that
2.11the circumstances regarding the person's disqualifying condition and the person's record
2.12and reputation are
2.13(1) the person is not likely to act in a manner that is dangerous to public safety; and
2.14(2) the granting of relief would not be contrary to the public interest.
2.15
2.16 (c), clause (1), the court may consider evidence from a licensed medical doctor or clinical
2.17psychologist that the person is no longer suffering from the disease or condition that
2.18caused the disability or that the disease or condition has been successfully treated for a
2.19period of three consecutive years.
2.20
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 3. Minnesota Statutes 2012, section 624.714, subdivision 6, is amended to read:
2.23 Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days
2.24after the date of receipt of the application packet described in subdivision 3:
2.25(1) issue the permit to carry;
2.26(2) deny the application for a permit to carry solely on the grounds that the applicant
2.27failed to qualify under the criteria described in subdivision 2, paragraph (b); or
2.28(3) deny the application on the grounds that there exists a
2.29the applicant is a danger to self or the public if authorized to carry a pistol under a permit.
2.30(b) Failure of the sheriff to notify the applicant of the denial of the application
2.31within 30 days after the date of receipt of the application packet constitutes issuance of the
2.32permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).
2.33To deny the application, the sheriff must provide the applicant with written notification
2.34and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3),
2.35including the source of the factual basis. The sheriff must inform the applicant of the
3.1applicant's right to submit, within 20 business days, any additional documentation relating
3.2to the propriety of the denial. Upon receiving any additional documentation, the sheriff
3.3must reconsider the denial and inform the applicant within 15 business days of the result
3.4of the reconsideration. Any denial after reconsideration must be in the same form and
3.5substance as the original denial and must specifically address any continued deficiencies
3.6in light of the additional documentation submitted by the applicant. The applicant must be
3.7informed of the right to seek de novo review of the denial as provided in subdivision 12.
3.8(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit
3.9card to the applicant by first class mail unless personal delivery has been made. Within
3.10five business days, the sheriff must submit the information specified in subdivision 7,
3.11paragraph (a), to the commissioner for inclusion solely in the database required under
3.12subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and
3.13format prescribed by the commissioner.
3.14(d) Within five business days of learning that a permit to carry has been suspended
3.15or revoked, the sheriff must submit information to the commissioner regarding the
3.16suspension or revocation for inclusion solely in the databases required or permitted under
3.17subdivision 15.
3.18(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application
3.19process if a charge is pending against the applicant that, if resulting in conviction, will
3.20prohibit the applicant from possessing a firearm.
3.21EFFECTIVE DATE.This section is effective the day following final enactment.
3.22 Sec. 4. Minnesota Statutes 2012, section 624.714, subdivision 8, is amended to read:
3.23 Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the
3.24holder becomes prohibited by law from possessing a firearm, in which event the holder
3.25must return the permit card to the issuing sheriff within five business days after the holder
3.26knows or should know that the holder is a prohibited person. If the sheriff has knowledge
3.27that a permit is void under this paragraph, the sheriff must give notice to the permit holder
3.28in writing in the same manner as a denial. Failure of the holder to return the permit within
3.29the five days is a gross misdemeanor unless the court finds that the circumstances or the
3.30physical or mental condition of the permit holder prevented the holder from complying
3.31with the return requirement.
3.32(b) When a permit holder is convicted of an offense that prohibits the permit holder
3.33from possessing a firearm, the court must take possession of the permit, if it is available,
3.34and send it to the issuing sheriff.
4.1(c) The sheriff of the county where the application was submitted, or of the county
4.2of the permit holder's current residence, may file a petition with the district court therein,
4.3for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph
4.4(a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and
4.5criteria set forth in subdivision 12.
4.6
4.7(d) A permit revocation must be promptly reported to the issuing sheriff.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
4.9 Sec. 5. Minnesota Statutes 2012, section 624.714, subdivision 12, is amended to read:
4.10 Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial
4.11or revocation of a permit to carry may appeal by petition to the district court having
4.12jurisdiction over the county or municipality where the application was submitted. The
4.13petition must list the sheriff as the respondent. The district court must hold a hearing at
4.14the earliest practicable date and in any event no later than 60 days following the filing of
4.15the petition for review. The court may not grant or deny any relief before the completion
4.16of the hearing. The record of the hearing must be sealed. The matter must be heard de
4.17novo without a jury.
4.18(b) The court must issue written findings of fact and conclusions of law regarding
4.19the issues submitted by the parties. The court must issue its writ of mandamus directing
4.20that the permit be issued and order other appropriate relief unless the sheriff establishes
4.21by
4.22(1) that the applicant is disqualified under the criteria described in subdivision 2,
4.23paragraph (b); or
4.24(2) that there exists a
4.25the public if authorized to carry a pistol under a permit.
4.26
4.27(c) If an applicant is denied a permit on the grounds that the applicant is listed in
4.28the criminal gang investigative data system under section
4.29challenge the denial, after disclosure under court supervision of the reason for that listing,
4.30based on grounds that the person:
4.31(1) was erroneously identified as a person in the data system;
4.32(2) was improperly included in the data system according to the criteria outlined in
4.33section
4.34(3) has demonstrably withdrawn from the activities and associations that led to
4.35inclusion in the data system.
5.1
5.2
5.3EFFECTIVE DATE.This section is effective the day following final enactment.
