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<br />by the age, sex, and zip code of the applicant or permit holder. (See M.S. 624.714, subd. <br />20 for a complete list of information required in the report.) <br /> <br />Does the new law increase municipal liability exposure in any way? <br /> <br />Yes, there are a number of ways in which municipal liability exposure may be. <br />increased as a result of the new law. <br /> <br />Immunity <br /> <br />The law includes an "immunity" section, but it likely does not protect the city from all <br />possible claims or lawsuits that may be brought as a result of the law. The immunity <br />states that" . . . a police chiet: any employee ... of a police chief involved in the permit <br />issuing process, is not liable for damages resulting or arising from acts with a fIrearm <br />committed by a permit holder unless the person had actual knowledge at the time the <br />permit was issued or the instruction was given that the applicant was prohibited by law <br />from possessing a fIrearm." So there is protection from claims or lawsuits where the <br />permit holder shoots someone and the injured party tries to sue the city for the <br />information that it gave to the county to issue the permit. <br /> <br />This immunity does not apply if it can be shown that the city employee had actual <br />knowledge that the applicant was prohibited by law from possessing a firearm. <br />Therefore, if the police knew that the applicant was dang~rous or mentally ill and did not <br />say anything to the sheri~ after being notified, there may be potential liability. <br /> <br />The immunity also does not specifically apply to cities. Cities would have to argue that <br />they are immune through vicarious immunity because of the actions of their employees. <br /> <br />Finally, the immunity does not apply to lawsuits not involving acts with a firearm such as <br />a defamation lawsuit as discussed below. <br /> <br />Defamation <br /> <br />Under the new law (Minn. Stat. Sec. 624.714 subd. 4 (b)), after notification by the sheriff <br />of a person's application for a permit, the local police chief may provide relevant <br />information on the issuance of the permit. <br /> <br />There is a potential for defamation claims by"the applicant. Defamation is where you tell <br />someone something in writing (libel) or orally (slander) that is proved to be false and <br />resulted in damages to the person's reputation or in obtaining some benefit (such as a gun <br />permit). In this situation, damages could also be argued to include physical injury if the <br />person can show that if they had had a gun, they would not have been injured. <br />