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e ~ ~ 7 How are permit-application data classified under the MN Government Data Practices Act? All permit-application data collected by state agencies, political subdivisions, or statewide systems are classified as private. (M.S. 13.87, subd. 2.) As a result, only the applicant and individuals within the state or local governmental entity whose work assignments reasonably require access will be able to access this data. (M.S. 13.02, subd. 12; M. Rule 1205.0400, subp. 2.) Will law enforcement agencies be able to verify whether permits are valid? Yes. The commissioner of public safety is required to maintain an automated database of persons authorized to carry pistols under this new law that is available 24 hours a day, seven days a week. (M.S. 624.714, subd. 15.) This database will only be available to law enforcement agencies, including prosecutors verifYing the validity of permits. Will any permit data be available to the public? Yes. On an annual basis, beginning March 1,2004, the commissioner of public safety must report to the Legislature specific data regarding permits issued under the new law. (M.S. 624.714, subd. 20.) Sheriffs and police chiefs are specifically permitted to release private data to the department of public safety for this purpose. The report will be available to the public at its actual cost of duplication. The report will not contain any personally idcntifiable data. For example, although the report will contain the number of permits applied for, issued, suspended, revoked, and denied, it will only be categorized by the age, sex, and zip code of the applicant or permit holder. (See M.S. 624.714, subd. 20 for a complete list of information required in the report. ) Does the new law increase municipal liability exposure in any way? Yes. There are a number of ways in which municipal liability exposure may be increased as a result of the new law: . Immunity. The law includes an "immunity" section, but it likely does not protect the city from all possible claims or lawsuits that may be brought as a result of the law. The immunity states that" . . . a police chief, any employee . . . of a police chief involved in the permit issuing process, is not liable for damages resulting or arising from acts with a firearm committed by a permit holder unless the person had actual knowledge at the time thc permit was issued or the instruction was given that the applicant was prohibited by law from possessing a firearm." So there is protection from claims or lawsuits where the permit holder shoots someone and the injured party tries to sue the city for the information that it gave to the county to issue the permit. This immunity does not apply if it can be shown that the city employee had actual knowledge that the applicant was prohibited by law from possessing a firearm. Therefore, if the police knew that the applicant was dangerous or mentally ill and did not say anything to the sheriff after being notified, there may be potential liability. 145 University Avenue West 0 St. Paul, MN 55103-2044 0 (651) 281-1200 0 (800) 925-1122 0 www.lmnc.org