2003-05-14 CC Packet - Laserfiche WebLink

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MAV-02-2a03 12: ?l LEAGUE OF MN CITIES P.02/05 III city of I bloomington, minnesota Memorandum DATE: May 1, 2003 TO: David Ornstein~ City Attorney cc: City Manager Mark Bemhardson, Chief of Police John Laux FROM: U: Sandra H. Johnson, Assoc. City Attorney Minnesota Citizens' Personal Protection Act of2003, S.F. 842 Senate File 842, enacted April 28, 2003, as the Minnesota Citizens' Personal Protection Act of 2003, (hereinafter "CPPA") amending Minnesota Statutes 1624.714, makes the following substantial changes in the pennit system for carrying loaded handguns in public: 1. 'Shall issue': MinD. Stat. t624.714 formerly required the pennit applicant to demonstrate to the satisfaction of their local police chief that they had either an employment requirement or personal'safet)' hazard justifying the then recognized risk of allowing persons to carry loaded handguns on their persons in public. CPP A requires the local sheriff to issue a permit to C8Iry such a weapon within 30 days of the completed application. ittbe person: L documents training in its safe use; b. is at least 21 years old; c. completes an application; d. is not ineligible under law from possessing such a weapon [no domestic violence, harassment or stalking convictions or peJ;lding cases~ felony conviction. mental illness and the like]; and e. is not a lmown sans menlbcr. The only area of discretion remaining to the sheriff in the issuance of a pennit to carry lies in the ability to deny the application OD the ground that there exists a substantia11ikelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit (New t624.714, subd,6 (3)). 2. Sheriff II the iSlldDl authority, bot the local poUce cbief. Amended 1624.714. subd. 2~ requires the applicant to tile for a permit to carry with the sheriff in his or her county of residence, Dot the police ehief as the former law required. There are very strict requirements as to the content of the application, its processing and the backa;round checks. It must include very specific notices of the criminal otfenses and civil categories that prohibit a person from possessing a fireann and warn that an unexpired permit to carry may be automatically voided by operation of law if one of these offenses or civil categories become applicable to the permit holder. Applications must be submitted in person. The fee is orily $100, $10 of which must be forwarded to the commissioner ofpublic safety and deposited in the general fund The t;ommissioner of public safety is to post on his web site a standard application fonn and the sheriffs must have forms available to the public. The shenffmust conduct annual background checks on all permit holders and may conduct SUQl1 ~heeks at any time. (New ~624.714; subct 4(c))