| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

624.714.12

Statute ID: 3488

Statute Function ID: 19685

Hearing upon denial. A person denied a permit may appeal to the court

In Effect

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Statute Number:

624.714.12

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 1859

Expiration Date:

Repealed?:

Summary Text:

Hearing upon denial. A person denied a permit may appeal to the court

Statute ID:

3488

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Hearing upon denial. A person denied a permit may appeal to the court

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/624/714.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(a) Any person aggrieved by denial or revocation of a permit to carry may appeal by petition to the district court having jurisdiction over the county or municipality where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief before the completion of the hearing. The record of the hearing must be sealed. The matter must be heard de novo without a jury.
(b) The court must issue written findings of fact and conclusions of law regarding the issues submitted by the parties. The court must issue its writ of mandamus directing that the permit be issued and order other appropriate relief unless the sheriff establishes by clear and convincing evidence:
(1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph (b); or
(2) that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit. Incidents of alleged criminal misconduct that are not investigated and documented may not be considered.
(c) If an applicant is denied a permit on the grounds that the applicant is listed in the criminal gang investigative data system under section 299C.091, the person may challenge the denial, after disclosure under court supervision of the reason for that listing, based on grounds that the person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system according to the criteria outlined in section 299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably withdrawn from the activities and associations that led to inclusion in the data system.
(d) If the court grants a petition brought under paragraph (a), the court must award the applicant or permit holder reasonable costs and expenses including attorney fees.