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<br />MAY-B2-2003 12: 37 <br /> <br />LEAGUE OF MN CITIES <br /> <br />P.03/05 <br /> <br />3. IDvolvement of Local Poliee Cbief: The sheriamust notify the applicant'sloca1 <br />chief of police of the application and the chicfmay provide relevant information on the <br />issuance of the permit. (New ~624.7]4t subd 4 (b)). <br /> <br />The sllerift'may contract with a police chief to process permit applications under this law. but <br />the sheriffremains the issuing authority under the lawt the police elliefis omy the sheriff's <br />agent. This assures that any permit linganoD remains under the control of the county <br />attorneys. However, this statute invites litigatioD by requiring the payment of all the <br />petitioner's costs and disbursement, includin, attorney fees should the petitioner prevail <br />over the govemmont. <br /> <br />4. Legal tecbDicaHdes 01 Issuance include automatic entitlement to the permit should the <br />sheriff fail to notify the applicant of a deDial of the application within 30 days of receipt of <br />the application and the requirement that the sheriff thereafter promptly provide the card and <br />notify the commissioner of public safety of the issuance. The notice of denial must include <br />certain legal notices regarding the appeal process. Penn its are coed for five years or until the <br />person becomes legally ineligible from possessing a firearm. <br /> <br />Cer1aiD pending criminal charges asainst the applicant - if a conviction for that charge <br />would legally prohibit the applicant Uom possessing a fireann · suspend the application <br />process. The sheriff must notify the commissioner of public safety of any suspension or <br />revocation of the pemUt. <br /> <br />LegallaellgibWcy to possess a firearm serves as a basis for re,.ocation of a permit <br />However, the sheriff must provide proper notice, bears the bw-den of proof and pay the <br />successful litigant all of his or her costs incluclin, attomey fees. (New 1624.714. subd.8). <br /> <br />S. Proseeutor's duty: Whenever a person is charged with an offense that would upon <br />conviction prohibit the person from possessing a firearm, the prosecutor must ascenain if the <br />person is a pcnnit holder and if so, notify the issuing sheriff of the charge as well as the final <br />disposition. This will require an inquiry by the prosecutor whenever a person is charged with <br />domestic assault, VOP, harassment, or stalking. The DPS is to create a state-wide database. <br /> <br />6. Hearmgs. Denial or revocation hearings win be costly for the sheriff: The heariDg must be <br />held within 60 days of its filing. The Court must issue wri. findings of fact, conclusions of <br />law and an order. The new law switches the burden ofprooCfrom the applicant (showing <br />employment requirement or personal safety threat) to the sheriff\vho must show that the <br />applicant is disqualified, that there is a substantial1ikelihood the applicant is a danger to self <br />or others or that the applicant is a gang member. Moreover, the new standard of proof for the <br />sheriff is the hi.ghest civil standard - 'clear and convincing'. Most disconcerting is the <br />requirement that the successful applicant recover from the sheriff's office all costs, including <br />attorney fees. <br /> <br />2 <br />