Bill Text: MN HF3318 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Right to carry firearm without a permit and penalties provided.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-03-28 - Introduction and first reading, referred to Public Safety Finance and Policy [HF3318 Detail]
Download: Minnesota-2013-HF3318-Introduced.html
1.2relating to public safety; providing for the right to carry a firearm without a permit;
1.3providing for penalties;amending Minnesota Statutes 2012, sections 624.714,
1.4by adding a subdivision; 624.7142, subdivisions 5, 6; 624.7143, subdivision 2;
1.5proposing coding for new law in Minnesota Statutes, chapter 624; repealing
1.6Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, 13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [624.7121] PERMIT NOT REQUIRED.
1.9 Subdivision 1. Right to carry. Notwithstanding any other law to the contrary,
1.10every citizen in this state shall have an affirmative, fundamental, and constitutional right
1.11to keep and bear firearms, including the right to carry openly or concealed, carry loaded
1.12or unloaded, transport, possess, use, acquire, purchase, transfer, inherit, buy, sell, give,
1.13or otherwise dispose of or receive any firearm or self-defense device without a permit,
1.14permission, or restriction of any kind from or by this state or any of its political subdivisions.
1.15 Subd. 2. Optional permit. Obtaining a permit to carry a pistol under section
1.16624.714 is optional. The voluntary nature of the permit shall not be construed to require a
1.17person to obtain a permit to carry a pistol under sections 624.711 to 624.717.
1.18 Sec. 2. Minnesota Statutes 2012, section 624.714, is amended by adding a subdivision
1.19to read:
1.20 Subd. 1c. Permits. (a) Due to every state citizen having a fundamental constitutional
1.21right to keep and bear arms, obtaining a permit under this section shall be optional. The
1.22voluntary nature of the permit shall not be construed to relieve the sheriff of the burden of
1.23proof for denying an application for a permit. Issuance of a permit under this section by
1.24the sheriff shall be prima facie evidence that law enforcement authorities have verified that
2.1the person is qualified under the law and not prohibited from possessing firearms pursuant
2.2to section 624.713 or other law. Nothing in this section shall be construed to require that a
2.3person must obtain a permit under this section in order to carry a pistol.
2.4(b) The voluntary nature of a permit to carry a pistol may not be construed to relieve
2.5the sheriff of the burden of proof for denying an application for a permit. Issuance of a
2.6permit to carry a pistol under this section by the sheriff shall be prima facie evidence that
2.7law enforcement authorities have verified that the individual is qualified under the law and
2.8is not prohibited from possessing firearms under the laws of the state.
2.9(c) A permit to carry a pistol shall be available to those persons who wish to carry
2.10a pistol openly or concealed on or about one's person or in a vehicle and shall be valid
2.11throughout the state.
2.12(d) A permit to carry a pistol shall provide citizens of this state with the ability to
2.13carry a firearm in any state that the state maintains a reciprocal agreement for the mutual
2.14recognition of permits to carry firearms.
2.15 Sec. 3. Minnesota Statutes 2012, section 624.7142, subdivision 5, is amended to read:
2.16 Subd. 5. Suspension. A person who is charged with a violation under this section
2.17may have their authority to carry a pistol in a public place on or about the person's clothes
2.18or person under the provisions of a permit orotherwise without a permit suspended by the
2.19court as a condition of release.
2.20 Sec. 4. Minnesota Statutes 2012, section 624.7142, subdivision 6, is amended to read:
2.21 Subd. 6. Penalties. (a) A person who violates a prohibition under subdivision 1,
2.22clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a
2.23gross misdemeanor.
2.24(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.
2.25(c) In addition to the penalty imposed under paragraph (a), if a person violates
2.26subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place
2.27on or about the person's clothes or person under the provisions of a permit orotherwise
2.28 without a permit is revoked and the person may not reapply for a permit or carry a firearm
2.29without a permit for a period of one year from the date of conviction.
2.30(d) In addition to the penalty imposed under paragraph (b), if a person violates
2.31subdivision 1, clause (6), the person's authority to carry a pistol in a public place on or
2.32about the person's clothes or person under the provisions of a permit orotherwise without
2.33a permit is suspended for 180 days from the date of conviction.
3.1(e) Notwithstanding section609.531 , a firearm carried in violation of subdivision
3.21, clause (6), is not subject to forfeiture.
3.3 Sec. 5. Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:
3.4 Subd. 2. Penalties; refusal; revocation. (a) If a person refuses to take a test
3.5required under subdivision 1, none must be given but the officer shall report the refusal
3.6to the sheriff and to the authority having responsibility for prosecution of misdemeanor
3.7offenses for the jurisdiction in which the incident occurred that gave rise to the test
3.8demand and refusal. On certification by the officer that probable cause existed to believe
3.9the person had been carrying a pistol on or about the person's clothes or person in a public
3.10place while under the influence of alcohol or a controlled substance, and that the person
3.11refused to submit to testing, a court may impose a civil penalty of $500 and may revoke
3.12the person's authority to carry a pistol in a public place on or about the person's clothes or
3.13person under the provisions of a permit orotherwise without a permit for a period of one
3.14year from the date of the refusal. The person shall be accorded notice and an opportunity
3.15to be heard prior to imposition of the civil penalty or the revocation.
3.16(b) Revocations under this subdivision must be reported in the same manner as in
3.17section624.714, subdivision 12a .
3.18 Sec. 6. [624.7182] INTERFERENCE WITH THE RIGHT TO CARRY, DISPLAY,
3.19OR POSSESS.
3.20(a) A public official who interferes with the right to carry a pistol under sections
3.21624.7121 and 624.714 is guilty of a misdemeanor for the following offenses:
3.22(1) arresting or attempting to arrest a person for the lawful possession of a pistol,
3.23whether or not the person possesses a license issued under section 624.714. The public
3.24official shall be personally liable for attorney fees and costs incurred in any action to
3.25enforce sections 624.7121 and 624.714;
3.26(2) stopping, restraining, detaining, or otherwise harassing a person for carrying a
3.27pistol, whether openly or concealed, whether or not the person possesses a license under
3.28section 624.714. A public official who wrongfully stops, restrains, detains, or otherwise
3.29harasses a person in violation of the provisions of section 624.7121 or 624.714 shall be
3.30personally liable for attorney fees, courts costs, and expenses incurred in any action to
3.31enforce sections 624.7121 and 624.714; and
3.32(3) denial, suspension, or revocation of a license or application for a license under
3.33section 624.714 without just cause. A public official who denies, suspends, or revokes a
3.34license or application for a license to carry a pistol without just cause shall be personally
4.1liable for attorney fees, court costs, and expenses incurred in any action to enforce section
4.2624.714.
4.3(b) The attorney general shall investigate, enforce, and prosecute violations under
4.4this section.
4.5(c) For the purposes of this section, "public official" means any person holding an
4.6office of public trust, whether appointed or elected, or any person employed by the state or
4.7any of its political subdivisions.
4.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 7. REVISOR'S INSTRUCTION.
4.11The revisor of statutes, in consultation with the Bureau of Criminal Apprehension,
4.12shall draft legislation showing necessary changes to clarify and conform statutory
4.13provisions relating to possessing and carrying a firearm in Minnesota Statutes with this
4.14act. The draft legislation shall be submitted to the house of representatives and senate
4.15committees with jurisdiction over the carrying of firearms.
4.16 Sec. 8. REPEALER.
4.17Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, and 13, are
4.18repealed.
1.3providing for penalties;amending Minnesota Statutes 2012, sections 624.714,
1.4by adding a subdivision; 624.7142, subdivisions 5, 6; 624.7143, subdivision 2;
1.5proposing coding for new law in Minnesota Statutes, chapter 624; repealing
1.6Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, 13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [624.7121] PERMIT NOT REQUIRED.
1.9 Subdivision 1. Right to carry. Notwithstanding any other law to the contrary,
1.10every citizen in this state shall have an affirmative, fundamental, and constitutional right
1.11to keep and bear firearms, including the right to carry openly or concealed, carry loaded
1.12or unloaded, transport, possess, use, acquire, purchase, transfer, inherit, buy, sell, give,
1.13or otherwise dispose of or receive any firearm or self-defense device without a permit,
1.14permission, or restriction of any kind from or by this state or any of its political subdivisions.
1.15 Subd. 2. Optional permit. Obtaining a permit to carry a pistol under section
1.16624.714 is optional. The voluntary nature of the permit shall not be construed to require a
1.17person to obtain a permit to carry a pistol under sections 624.711 to 624.717.
1.18 Sec. 2. Minnesota Statutes 2012, section 624.714, is amended by adding a subdivision
1.19to read:
1.20 Subd. 1c. Permits. (a) Due to every state citizen having a fundamental constitutional
1.21right to keep and bear arms, obtaining a permit under this section shall be optional. The
1.22voluntary nature of the permit shall not be construed to relieve the sheriff of the burden of
1.23proof for denying an application for a permit. Issuance of a permit under this section by
1.24the sheriff shall be prima facie evidence that law enforcement authorities have verified that
2.1the person is qualified under the law and not prohibited from possessing firearms pursuant
2.2to section 624.713 or other law. Nothing in this section shall be construed to require that a
2.3person must obtain a permit under this section in order to carry a pistol.
2.4(b) The voluntary nature of a permit to carry a pistol may not be construed to relieve
2.5the sheriff of the burden of proof for denying an application for a permit. Issuance of a
2.6permit to carry a pistol under this section by the sheriff shall be prima facie evidence that
2.7law enforcement authorities have verified that the individual is qualified under the law and
2.8is not prohibited from possessing firearms under the laws of the state.
2.9(c) A permit to carry a pistol shall be available to those persons who wish to carry
2.10a pistol openly or concealed on or about one's person or in a vehicle and shall be valid
2.11throughout the state.
2.12(d) A permit to carry a pistol shall provide citizens of this state with the ability to
2.13carry a firearm in any state that the state maintains a reciprocal agreement for the mutual
2.14recognition of permits to carry firearms.
2.15 Sec. 3. Minnesota Statutes 2012, section 624.7142, subdivision 5, is amended to read:
2.16 Subd. 5. Suspension. A person who is charged with a violation under this section
2.17may have their authority to carry a pistol in a public place on or about the person's clothes
2.18or person under the provisions of a permit or
2.19court as a condition of release.
2.20 Sec. 4. Minnesota Statutes 2012, section 624.7142, subdivision 6, is amended to read:
2.21 Subd. 6. Penalties. (a) A person who violates a prohibition under subdivision 1,
2.22clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a
2.23gross misdemeanor.
2.24(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.
2.25(c) In addition to the penalty imposed under paragraph (a), if a person violates
2.26subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place
2.27on or about the person's clothes or person under the provisions of a permit or
2.28 without a permit is revoked and the person may not reapply for a permit or carry a firearm
2.29without a permit for a period of one year from the date of conviction.
2.30(d) In addition to the penalty imposed under paragraph (b), if a person violates
2.31subdivision 1, clause (6), the person's authority to carry a pistol in a public place on or
2.32about the person's clothes or person under the provisions of a permit or
2.33a permit is suspended for 180 days from the date of conviction.
3.1(e) Notwithstanding section
3.21, clause (6), is not subject to forfeiture.
3.3 Sec. 5. Minnesota Statutes 2012, section 624.7143, subdivision 2, is amended to read:
3.4 Subd. 2. Penalties; refusal; revocation. (a) If a person refuses to take a test
3.5required under subdivision 1, none must be given but the officer shall report the refusal
3.6to the sheriff and to the authority having responsibility for prosecution of misdemeanor
3.7offenses for the jurisdiction in which the incident occurred that gave rise to the test
3.8demand and refusal. On certification by the officer that probable cause existed to believe
3.9the person had been carrying a pistol on or about the person's clothes or person in a public
3.10place while under the influence of alcohol or a controlled substance, and that the person
3.11refused to submit to testing, a court may impose a civil penalty of $500 and may revoke
3.12the person's authority to carry a pistol in a public place on or about the person's clothes or
3.13person under the provisions of a permit or
3.14year from the date of the refusal. The person shall be accorded notice and an opportunity
3.15to be heard prior to imposition of the civil penalty or the revocation.
3.16(b) Revocations under this subdivision must be reported in the same manner as in
3.17section
3.18 Sec. 6. [624.7182] INTERFERENCE WITH THE RIGHT TO CARRY, DISPLAY,
3.19OR POSSESS.
3.20(a) A public official who interferes with the right to carry a pistol under sections
3.21624.7121 and 624.714 is guilty of a misdemeanor for the following offenses:
3.22(1) arresting or attempting to arrest a person for the lawful possession of a pistol,
3.23whether or not the person possesses a license issued under section 624.714. The public
3.24official shall be personally liable for attorney fees and costs incurred in any action to
3.25enforce sections 624.7121 and 624.714;
3.26(2) stopping, restraining, detaining, or otherwise harassing a person for carrying a
3.27pistol, whether openly or concealed, whether or not the person possesses a license under
3.28section 624.714. A public official who wrongfully stops, restrains, detains, or otherwise
3.29harasses a person in violation of the provisions of section 624.7121 or 624.714 shall be
3.30personally liable for attorney fees, courts costs, and expenses incurred in any action to
3.31enforce sections 624.7121 and 624.714; and
3.32(3) denial, suspension, or revocation of a license or application for a license under
3.33section 624.714 without just cause. A public official who denies, suspends, or revokes a
3.34license or application for a license to carry a pistol without just cause shall be personally
4.1liable for attorney fees, court costs, and expenses incurred in any action to enforce section
4.2624.714.
4.3(b) The attorney general shall investigate, enforce, and prosecute violations under
4.4this section.
4.5(c) For the purposes of this section, "public official" means any person holding an
4.6office of public trust, whether appointed or elected, or any person employed by the state or
4.7any of its political subdivisions.
4.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 7. REVISOR'S INSTRUCTION.
4.11The revisor of statutes, in consultation with the Bureau of Criminal Apprehension,
4.12shall draft legislation showing necessary changes to clarify and conform statutory
4.13provisions relating to possessing and carrying a firearm in Minnesota Statutes with this
4.14act. The draft legislation shall be submitted to the house of representatives and senate
4.15committees with jurisdiction over the carrying of firearms.
4.16 Sec. 8. REPEALER.
4.17Minnesota Statutes 2012, section 624.714, subdivisions 1a, 1b, 9, 11a, and 13, are
4.18repealed.
