Minnesota HF 577: Right to carry without a permit provided, and optional permit to carry provided.

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; providing for the right to carry without a permit; providing​
1.3 for an optional permit to carry; amending Minnesota Statutes 2020, section 624.714,​
1.4 subdivisions 2, 3, 7, 15, 20, 23, by adding subdivisions; repealing Minnesota​
1.5 Statutes 2020, sections 624.714, subdivisions 1a, 1b, 16; 624.7181.​
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision​
1.8 to read:​
1.9 Subd. 1c.No permit required.(a) The legislature of the state of Minnesota recognizes​
1.10 and declares that the second amendment of the United States Constitution guarantees the​
1.11 fundamental, individual right to keep and bear arms.​
1.12 (b) A person who is not prohibited from possessing a firearm by any law of this state or​
1.13 any federal law shall have the right to carry, hold, or possess a firearm in a motor vehicle,​
1.14 snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in​
1.15 possession or control in a public place.​
1.16 (c) For the purposes of this section, "public place" means property owned, leased, or​
1.17 controlled by a governmental unit and private property that is regularly and frequently open​
1.18 to or made available for use by the public in sufficient numbers to give clear notice of the​
1.19 property's current dedication to public use but does not include: a person's dwelling house​
1.20 or premises, the place of business owned or managed by the person, or land possessed by​
1.21 the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields,​
1.22 or waters of this state where the person is present lawfully for the purpose of hunting or​
1.23 target shooting or other lawful activity involving firearms.​
1​Section 1.​
REVISOR KLL/CH 21-01736​01/21/21 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No. 577​
NINETY-SECOND SESSION​
Authored by Drazkowski, Munson and Bahr​02/01/2021​
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy​

2.1 Sec. 2. Minnesota Statutes 2020, section 624.714, is amended by adding a subdivision to​
2.2 read:​
2.3 Subd. 1d.Optional carry permit.A person may apply for an optional permit to carry​
2.4 a pistol as provided in this section.​
2.5 Sec. 3. Minnesota Statutes 2020, section 624.714, subdivision 2, is amended to read:​
2.6 Subd. 2.Where application made; authority to issue permit; criteria; scope.(a)​
2.7 Applications by Minnesota residents for optional permits to carry shall be made to the county​
2.8 sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision​
2.9 42, may apply to any sheriff.​
2.10 (b) Unless a sheriff denies a permit under the exception set forth in subdivision 6,​
2.11 paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:​
2.12 (1) has training in the safe use of a pistol;​
2.13 (2) is at least 21 years old and a citizen or a permanent resident of the United States;​
2.14 (3) completes an application for a permit;​
2.15 (4) is not prohibited from possessing a firearm under the following sections:​
2.16 (i) 518B.01, subdivision 14;​
2.17 (ii) 609.224, subdivision 3;​
2.18 (iii) 609.2242, subdivision 3;​
2.19 (iv) 609.749, subdivision 8;​
2.20 (v) 624.713;​
2.21 (vi) 624.719;​
2.22 (vii) 629.715, subdivision 2;​
2.23 (viii) 629.72, subdivision 2; or​
2.24 (ix) any federal law; and​
2.25 (5) is not listed in the criminal gang investigative data system under section 299C.091.​
2.26 (c) A permit to carry a pistol issued or recognized under this section is a state permit​
2.27 and is effective throughout the state.​
2.28 (d) A sheriff may contract with a police chief to process permit applications under this​
2.29 section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority​
2​Sec. 3.​
REVISOR KLL/CH 21-01736​01/21/21 ​

3.1 and the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all​
3.2 of the provisions of this section will apply.​
3.3 Sec. 4. Minnesota Statutes 2020, section 624.714, subdivision 3, is amended to read:​
3.4 Subd. 3.Form and contents of application.(a) Applications for optional permits to​
3.5 carry must be an official, standardized application form, adopted under section 624.7151,​
3.6 and must set forth in writing only the following information:​
3.7 (1) the applicant's name, residence, telephone number, if any, and driver's license number​
3.8 or state identification card number;​
3.9 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and​
3.10 distinguishing physical characteristics, if any;​
3.11 (3) the township or statutory city or home rule charter city, and county, of all Minnesota​
3