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<br />Injuries to Third Parties <br /> <br />If a person or a city employee carrying a gun with a permit uses the gun to hurt someone <br />on city premises, the city could be liable for those injwies. Under common law, the city <br />could be liable if the city knew that the person or the employee was dangerous for other <br />reasons. Carrying a gun legally with a permit would not give the city sufficient reason to <br />act on the person's ability to be on the city premises. There must have been some other <br />action indicating danger, such as a threat or a fight. <br /> <br />If the city had such knowledge, it had a duty to protect other users by kicking the <br />dangerous person out of the building or premises at that time or for a period of time. If <br />the city didn't do this, there could be potential liability for negligent supervision of the <br />premises. There also is the argument that the dangerous action was foreseeable because <br />of the past acts of the person. LMC recommends that you have a procedure in place for <br />expelling people or employees who may be a danger to other users of the city premises. <br />The procedure should afford some level of due process. <br /> <br />Training by city <br /> <br />If the city provides training through a certified instructor to people who apply for permits <br />and later use the fIrearm, is there liability for the city? The certified instructor <br />individually would be immune from these types of claims and the city could argue <br />vicarious immunity if the instructor was working in the course of his or her city <br />employment. As stated before, the immunity doesn't apply if the instructor had actual <br />knowledge that the person was not eligible for a permit at time of application. <br /> <br />Chemical Testing <br /> <br />Under Minn. Stat. 624.7143, there is ~ specific procedure established for chemical testing <br />to determine if a person is carrying a fIrearm while under the influence of alcohol or <br />drugs. Is there liability if city police do not follow this procedure? Potentially, if it <br />resulted in wrongful revocation of a permit or wrongful conviction. <br /> <br />Create Link to Sample Policy on Conceal & Carry <br />Fair Labor Standards Act - Police & Fire <br />