Local law enforcement opinions differ on new rules for handguns
Published 12:00 am Wednesday, April 30, 2003
and The Associated Press
The Minnesota Personal Protection Act, as its backers call it, makes it much easier for thousands of Minnesotans to carry handguns in public.
The law establishes a "shall issue" policy for permits to carry a pistol in public. Essentially, it reverses the presumption on the issuance of permits to carry a pistol.
Under the old law, a person had to demonstrate an occupational or personal safety hazard to get a permit. Under the new law, a sheriff must issue a permit unless the applicant is disqualified for a specific reason.
The Senate approved the bill 37-30 on Monday and Gov. Tim Pawlenty signed it. It takes effect in 30 days.
Locally, law enforcement officials give the changes mixed reviews.
Mower County Sheriff Terese Amazi said the new law comes with some "good guidelines that are more specific."
One example, Amazi said, is the requirement for handgun training and the sheriff recommends going to Web site www.pyramidconcepts.com for more information on how to obtain that training.
She expects an increase in CCW applications initially when the new law goes into effect Aug. 1.
Amazi also expects law enforcement officers responsible for issuing the permits may have to spend more time in court when they reject an application because of the new appeal provision.
With the new technology of safety-locks and other devices designed to ensure handgun safety, Amazi fears accidents always will be a possibility. That's why she continues to stress caution and safe measures always be used by handgun carriers.
But Amazi generally expressed satisfaction with the CCW law changes.
Austin Police Chief Paul M. Philipp did not.
"I'm disappointed with the new legislation," Philipp said. "I was not personally a supporter of the law change and neither was the Minnesota Police Chiefs' Association."
He's also disappointed it takes local police chiefs out of the decision-making process for granting CCW permits.
Only seven such permits were issued in 2002 by the Austin police chief. Despite provisions of training, Philipp fears "now everybody who wants a concealed carry permit can get one."
Simply allowing more citizens to carry concealed weapons in order to protect themselves is not an answer to public safety worries, Philipp said.
Adams Police Chief Gordon Briggs shares Philipp's concerns.
"We're going to have to deal with enforcing the law and its impact. Police chiefs and police officers in communities and the victims of gun accidents or shootings," Briggs said. "Not Governor Pawlenty."
Briggs said he is "very disappointed" in the Legislature's passing of the CCW law changes and the governor's quick signing of it into law.
CCW law changes
The new law's provisions include:
Who qualifies?
U.S. citizens or permanent residents 21 or older with no record of a disqualifying crime or mental disability qualify if they have taken certified handgun training, aren't listed on the state criminal gang database and aren't an obvious danger to themselves or others.
How many people are expected to get permits?
In other states with similar laws, about 2 percent of the eligible population has become licensed. A legislative study estimated that 90,000 Minnesotans would do so within three years. That's eight times the current number of permit-holders.
Where will guns be banned?
The State Capitol, courthouses, federal facilities, airports, prisons, jails and state hospitals already are off limits to guns in most instances. The law adds K-12 schools, child care centers and school buses to the list. Private businesses and places of worship can post signs to prohibit guns on those premises.
n Where will they be allowed?
City halls, recreation centers, parks, state and county fairgrounds, public convention centers, sports arenas and stadiums can't bar handguns. But employers and colleges can restrict the carrying of handguns by employees and students.
n What happens if a sheriff wrongfully denies a handgun permit?
Applicants can go to district court and, if they prevail, must be awarded attorneys fees and costs. Similarly, the sheriff must pay costs of an unsuccessful district court petition to revoke a permit.
n Can permit-holders lose their license to carry?
Yes, by committing a disqualifying crime or carrying a handgun under the influence of alcohol or drugs. Punishment varies by level of drunkenness.
Lee Bonorden can be contacted at 434-2232 or by e-mail at lee.bonorden@austindailyherald.com