A bill for an act
relating to public safety; providing for the right to carry without a permit; providing
for an optional permit to carry; amending Minnesota Statutes 2020, section 624.714,
subdivisions 2, 3, 7, 15, 20, 23, by adding subdivisions; repealing Minnesota
Statutes 2020, sections 624.714, subdivisions 1a, 1b, 16; 624.7181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin No permit required. new text end

new text begin (a) The legislature of the state of Minnesota recognizes
and declares that the second amendment of the United States Constitution guarantees the
fundamental, individual right to keep and bear arms.
new text end

new text begin (b) A person who is not prohibited from possessing a firearm by any law of this state or
any federal law shall have the right to carry, hold, or possess a firearm 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.
new text end

new text begin (c) For the purposes of this section, "public place" means property owned, leased, or
controlled by a governmental unit and private property that is regularly and frequently open
to or made available for use by the public in sufficient numbers to give clear notice of the
property's current dedication to public use but does not include: a person's dwelling house
or premises, the place of business owned or managed by the person, or land possessed by
the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields,
or waters of this state where the person is present lawfully for the purpose of hunting or
target shooting or other lawful activity involving firearms.
new text end

Sec. 2.

Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Optional carry permit. new text end

new text begin A person may apply for an optional permit to carry
a pistol as provided in this section.
new text end

Sec. 3.

Minnesota Statutes 2020, section 624.714, subdivision 2, is amended to read:


Subd. 2.

Where application made; authority to issue permit; criteria; scope.

(a)
Applications by Minnesota residents for new text beginoptional new text endpermits 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.

Sec. 4.

Minnesota Statutes 2020, section 624.714, subdivision 3, is amended to read:


Subd. 3.

Form and contents of application.

(a) Applications fornew text begin optionalnew text end 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.

Sec. 5.

Minnesota Statutes 2020, section 624.714, subdivision 7, is amended to read:


Subd. 7.

Permit card contents; expiration; renewal.

(a) new text beginOptional new text endpermits 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.

Sec. 6.

Minnesota Statutes 2020, section 624.714, subdivision 15, is amended to read:


Subd. 15.

Commissioner; contracts; database.

(a) The commissioner must maintain
an automated database of persons deleted text beginauthorized to carry pistolsdeleted text endnew text begin issued an optional permit to
carry a pistol
new text end 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