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2003-05-14 CC Packet
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2003-05-14 CC Packet
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<br />subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their · <br />respective components to the complete exclusion of any order, ordinance or regulation by <br />them except that: <br /> <br />(a) a governmental subdivision may regulate the discharge <br />of firearms; and <br /> <br />(b) a governmental subdivision may adopt regulations <br />identical to state law. <br /> <br />Local regulation inconsistent with this section is void." <br /> <br />These two statutes severely limit a city's ability to regulate the carrying of handguns. <br />The only possible exceptions appear to be the ability to adopt local J;egulations limiting <br />the brandishing and discharge of weapons within the city and the .possible ability to <br />regulate establishments where handguns may be present. For instance, because the law <br />makes it a crime to possess a pistol while under the influence of alcohol, the city may be <br />able to adopt an amendment to its liquor regulations, requiring all liquor license holders <br />to ban handguns. <br /> <br />How are permit-application data classified under the MN Government Data <br />Practices Act? <br /> <br />AIl permit-application data collected by state agencies, political subdivisions, or <br />statewide systems are classified as private. (M.S. 13.87, subd. 2.) As a result, only the <br />applicant and individuals within the state or local governmental entity whose work <br />assignments reasonably require access will be able to access this data. (M.S. 13.02, subd. <br />12; M. Rule 1205.0400, subp. 2.) <br /> <br />Will law enforcement agencies be able to verify whether permits are valid? <br /> <br />Yes. The commissioner of public safety is required to maintain an automated database of <br />persons authorized to carry pistols under this new law that is available 24 hours a day, <br />seven days a week. (M.S. 624.714, subd. 15.) This database will only be available to law <br />enforcement agencies, including prosecutors verifying the validity of permits. <br /> <br />Will any permit data be available to the public? <br /> <br />Yes. On an annual basis, beginning March 1, 2004, the commissioner of public .safety <br />must report to the legislature specific data regarding permits issued under the new law:. <br />(M.S. 624.714, subd. 20.) Sheriffs and police chiefs are specifically permitted to release <br />private data to the department of public safety for this purpose. The report will be <br />available to the public at its actual cost of duplication. The report will not contain any <br />personally identifiable data. For example, although the report will contain the number of <br />permits applied for, issued, suspended, revoked, and denied, it will only be categorized <br />
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