H.F. No. 93, as introduced - 85th Legislative Session (2007-2008) Posted on Jan 11, 2007

1.1 A bill for an act
1.2 relating to government data practices; providing for parole and probation
1.3 authorities to have access to certain records; amending Minnesota Statutes 2006,
1.4 section 624.714, by adding a subdivision.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 Section 1. Minnesota Statutes 2006, section 624.714, is amended by adding a
1.7 subdivision to read:
1.8 Subd. 14a. Parole and probation authority access to records. Parole and
1.9 probation authorities must be given access to records or data collected, made, or held
1.10 under this section concerning any applicant or permit holder who is a defendant, parolee,
1.11 or probationer of a district court.

I can sort-of see where a parole officer might be better off knowing if his client has a permit-to-carry.

I'd gladly give him this piece of legislation if they'd take schools off the list of prohibited places to carry.

Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the holder
becomes prohibited by law from possessing a firearm, in which event the holder must return the
permit card to the issuing sheriff within five business days after the holder knows or should know
that the holder is a prohibited person. If the sheriff has knowledge that a permit is void under
this paragraph, the sheriff must give notice to the permit holder in writing in the same manner as
a denial. Failure of the holder to return the permit within the five days is a gross misdemeanor
unless the court finds that the circumstances or the physical or mental condition of the permit
holder prevented the holder from complying with the return requirement.
(b) When a permit holder is convicted of an offense that prohibits the permit holder from
possessing a firearm, the court must take possession of the permit, if it is available, and send it
to the issuing sheriff.
(c) The sheriff of the county where the application was submitted, or of the county of the
permit holder's current residence, may file a petition with the district court therein, for an order
revoking a permit to carry on the grounds set forth in subdivision 6, paragraph (a), clause (3).
An order shall be issued only if the sheriff meets the burden of proof and criteria set forth in
subdivision 12. If the court denies the petition, the court must award the permit holder reasonable
costs and expenses, including attorney fees.
(d) A permit revocation must be promptly reported to the issuing sheriff.
Subd. 8a. Prosecutor's duty. Whenever a person is charged with an offense that would,
upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney must
ascertain whether the person is a permit holder under this section. If the person is a permit holder,
the prosecutor must notify the issuing sheriff that the person has been charged with a prohibiting
offense. The prosecutor must also notify the sheriff of the final disposition of the case.

Subd. 8. Permit to carry voided. (a) The permit to
carry is void at the time that the holder becomes prohibited by
law from possessing a firearm, in which event the holder must
return the permit card to the issuing sheriff within five
business days after the holder knows or should know that the
holder is a prohibited person. If the sheriff has knowledge
that a permit is void under this paragraph, the sheriff must
give notice to the permit holder in writing in the same manner
as a denial. Failure of the holder to return the permit within
the five days is a gross misdemeanor unless the court finds that
the circumstances or the physical or mental condition of the
permit holder prevented the holder from complying with the
return requirement.

(b) When a permit holder is convicted of an offense that
prohibits the permit holder from possessing a firearm, the court
must take possession of the permit, if it is available, and send
it to the issuing sheriff.

(c) The sheriff of the county where the application was
submitted, or of the county of the permit holder's current
residence, may file a petition with the district court therein,
for an order revoking a permit to carry on the grounds set forth
in subdivision 6, paragraph (a), clause (3). An order shall be
issued only if the sheriff meets the burden of proof and
criteria set forth in subdivision 12. If the court denies the
petition, the court must award the permit holder reasonable
costs and expenses, including attorney fees.

(d) A permit revocation must be promptly reported to the
issuing sheriff.

Subd. 8a. Prosecutor's duty. Whenever a person is
charged with an offense that would, upon conviction, prohibit
the person from possessing a firearm, the prosecuting attorney
must ascertain whether the person is a permit holder under this
section. If the person is a permit holder, the prosecutor must
notify the issuing sheriff that the person has been charged with
a prohibiting offense. The prosecutor must also notify the
sheriff of the final disposition of the case.

Subd. 12a. Suspension as condition of release. The
district court may order suspension of the application process
for a permit or suspend the permit of a permit holder as a
condition of release pursuant to the same criteria as the
surrender of firearms under section 629.715. A permit
suspension must be promptly reported to the issuing sheriff. If
the permit holder has an out-of-state permit recognized under
subdivision 16, the court must promptly report the suspension to
the commissioner for inclusion solely in the database under
subdivision 15, paragraph (a).

Subd. 14. Records. (a) A sheriff must not maintain
records or data collected, made, or held under this section
concerning any applicant or permit holder that are not necessary
under this section to support a permit that is outstanding or
eligible for renewal under subdivision 7, paragraph (b).
Notwithstanding section 138.163, sheriffs must completely purge
all files and databases by March 1 of each year to delete all
information collected under this section concerning all persons
who are no longer current permit holders or currently eligible
to renew their permit.

(b) Paragraph (a) does not apply to records or data
concerning an applicant or permit holder who has had a permit
denied or revoked under the criteria established in subdivision
2, paragraph (b), clause (1), or subdivision 6, paragraph (a),
clause (3), for a period of six years from the date of the
denial or revocation.

Subd. 15. Commissioner; contracts; database. (a) The
commissioner must maintain an automated database of persons
authorized to carry pistols 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 for permits to carry and of
revoked permits that is available only to sheriffs performing
their duties under this section containing the date of, the
statutory basis for, and the initiating agency for any permit
application denied or permit revoked for a period of six years
from the date of the denial or revocation.

This is a non-issue from 624.714.

Subd. 15. Commissioner; contracts; database. (a) The
commissioner must maintain an automated database of persons
authorized to carry pistols 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.