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- ~ e 6 Accordingly, the League recommends that cities carefully consider the risks and benefits before entering into such contracts. We would also recommend that the contract make it clear that the county would cover the liability for police chiefs' action. There is potential liability if the chiefs do not follow procedures such as the mandatory background checks. Notice to police chiefs of permit applications. When an application for a permit is filed with the county sheriff, the sheriff is required to notify the chief of police of the municipality where the applicant resides. The chief of police is then authorized, but not required, to provide "any information relevant to the issuance of the permit." While the law does not impose an obligation to provide information, local law enforcement officials may want to adopt policies that articulate what sources of information they will review in responding to notification of a permit application from a county sheriff. Responsibilities of prosecutors. Whcn a person is charged with an offense that would, upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney is required to ascertain whether the person is a permit holder. ]fthe person is a permit holder, the prosecutor is required to notifY the issuing sheriff that the pcrson has been charged with a prohibiting offense. The prosccutor must also notifY the sheriff ofthe final disposition of the case. In addition to the felony charges that would trigger this reporting obligation for county attorneys, local prosecutors will also have this obligation for certain offenses such as Minn. Stat. Sec. 518B. 14, violations of orders for protection; Sec. 609.2242 subd. 3, domestic assault; and Sec. 609.749, subd. 8, harassment, and stalking. There could bc potential liability to the city and its prosecutor if these responsibilities are not carried out. What authority do cities have to regulate handguns? Not much. The law provides that "this section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and cstablishes their nature and scope. No sheriff, police chief, governmental unit, govemment official, government employee, or other person or body acting under color of law or government authority may change, modifY, or supplement these criteria or procedures, or limit the exercise of a permit to carry." In addition, Minn. Stat. Section 471.633 states that: "The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a governmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void." These two statutes severely limit a city's ability to regulate the carrying of handguns. The only possible exceptions appear to be the ability to adopt local regulations limiting the brandishing and discharge of weapons within the city and thc possible ability to regulate establishments where handguns may be present. For instance, because the law makes it a crime to possess a pistol while under the influence of alcohol, the city may be able to adopt an amendment to its liquor regulations, requiring all liquor license holders to ban handguns. 145 University Avenue West 0 St. Paul, MN 55103-20440 (651) 281-1200 0 (800) 925-11220 www.hnnc.org