Laserfiche WebLink
<br />- <br /> <br />- <br /> <br />~ <br /> <br />5 <br /> <br />first responders, police reserves, and emergency response volunteers, all of whom are <br />categorized as employees under Minnesota's workers compensation laws. If they are true <br />volunteers, the city may be able to require thcm to sign an agreement that they will not carry a <br />firearm while acting on behalf of the city. Included with this information is a link to a Fact Sheet <br />that describes factors to look at in determining whcther an individual truly is a volunteer for <br />purposes of the Fair Labor Standards Act. <br /> <br />What additional enforcement obligations does the law impose on local law <br />enforcement officials? <br /> <br />Crimes under the law. The following is a list of some of the crimes under the new law: <br />. It is a gross misdemeanor for a person to carry a pistol in a public place without a permit. <br /> <br />. It is a petty misdemeanor for a person authorized to carry a gun to not have the "permit card" <br />in immediate possession. The charge must be dismisscd if the person later demonstrates in <br />court or in the office of the arresting officer that the person was authorized to carry the pistol <br />at the time of the alleged violation. A violation of this provision does not result in a forfeiture <br />of the person's gun. <br /> <br />. It is a petty misdemeanor for a permit holder to fail to notify the issuing sheriff of a change <br />of address or a lost or destroyed card. A violation of this provision does not result in a <br />forfeiture of the person's gun. <br /> <br />. It is a misdemeanor for a person with a permit to carry or possess a fIrearm on school <br />property. A violation of this provision does not result in a forfeiture of the person's gun. <br /> <br />. The law continues to make it a felony for a person without a permit to carry or possess a <br />firearm "while knowingly" on school property. <br /> <br />. It is a petty misdemeanor to remain at a "private establishment" that has banned weapons. <br />The private establishment must properly post the establishment as banning guns, must have <br />personally informed the individual that the establishment bans guns, and must have asked the <br />individual to comply. A violation ofthis provision does not result in a forfeiture of the <br />person's gun. The owner of a private establishment may not ban guns in a parking facility or <br />parking area. <br /> <br />. The law creates a new set of crimes known as "carrying while under the influence of alcohol <br />or a controlled substance." The processes and procedures are very similar to those for driving <br />while under the influence of alcohol or a controlled substance. The one notable difference is <br />that it is a misdemeanor for a person to carry a pistol in a public place when the person's <br />alcohol concentration is less than 0.10, but more than 0.04. A violation of the 0.04 limit does <br />not result in a forfeiture ofthe person's gun. <br /> <br />Contracts with County Sheriff to conduct permitting activities. The law removes pennit <br />issuance responsibility from local police chiefs and places it with the county sheriffs. A sheriff <br />may contract with a police chief to process permits, but "the sheriff remains the issuing authority <br />and the police chief acts as the sheriff's agent." The obligations associated with taking <br />applications, conducting background checks, and issuing the permits are significant. <br /> <br />145 University Avenue West 0 St. Paul, MN 55103-2044 0 (651) 281-1200 0 (800) 925-1122 0 www.lmnc.org <br />