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2003-05-14 CC Packet
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2003-05-14 CC Packet
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<br />Contracts with County Sheriff to conduct permitting activities. <br /> <br />The law removes permit issuance responsibility from local police chiefs and places it <br />with the county sheriffs. A sheriff may contract with a police chief to process permits, <br />but "the sheriff remains the issuing authority and the police chief acts as the sheriff's <br />agent." LMC recommends that any such contracts make it clear that the county would <br />cover the liability for police chiefs' action. There is potential liability if the chiefs do not <br />follow procedures such as the mandatory background checks. <br /> <br />Notice to police chiefs of permit applications. <br /> <br />When an application for a permit is filed with the county sheriff, the sheriff is required to <br />p.otify the chief of police of the municipality where the applicant resides. The chief of <br />police is then authorized, but not required, to provide "any information relevant to the <br />issuance of the permit." While the law does not impose an obligation to provide <br />information, local law enforcement officials may want to adopt policies that articulate <br />what sources of information they will review in responding to notification of a permit <br />application fro.m a county sheriff. . <br /> <br />Responsibilities of prosecutors . <br /> <br />When a person is charged with an offense that would, upon conviction, prohibit the <br />person from possessing a firearm, the prosecuting attorney is required to ascertain <br />whether the person is a permit holder. If the person isa permit holder, the prosecutor is <br />required to notify the issuing sheriff that the person has been charged with a prohibiting <br />offense. The prosecutor must also notify the sheriff of the fmal disposition of the case. <br />In addition to the felony charges that would trigger this reporting obligation for county <br />attorneys, local prosecutors will also have this obligation for offenses such as domestic <br />assault, violations of orders for protection, harassment, and stalking. There could be <br />potential liability to the city and its prosecutor if these responsibilities are not carried out. <br /> <br />What authority do cities have to regulate handguns? <br /> <br />Not much. The law provides that "this section sets forth the complete and exclusive <br />criteria and procedures for the issuance of permits to carry and establishes their nature <br />and scope. No sheriff, police chief, governmental unit, government official, government <br />employee, or other person or body acting under color of law or government authority <br />may change, modify, or supplement these criteria or procedures, or limit the exercise of a <br />permit to carry." <br /> <br />In addition, Minn. Stat. Section 471.633 states that, <br /> <br />"The legislature preempts all authority of a home rule charter or statutory city including a <br />city of the fIrst class, county, town, municipal corporation, or other governmental <br />
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