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Businesses, gun owners, study law

By Sara StrongSince the "Conceal and Carry" law, or the Minnesota Personal Protection Act, took effect May 29, people have been trying to absorb the details.The law made getting concealed weapons permits less difficult, taking much of the discretion from sheriffs, who issue permits.There are different rules within the "Conceal and Carry" law for different circumstances, which will make getting used to the new law a little tricky.The fine printBusinesses can request that guns not be brought into a "private establishment," but it’s unclear whether public areas have the same right. Rock County intends to post its buildings anyway.Before the bill passed, the League of Minnesota Cities attempted, but failed, to amend the bill to specifically allow public facilities, such as city halls, parks, and recreation centers, to prohibit concealed weapons on the premises.Churches are a "private establishment" in the same way as businesses, so they also have to prominently post a conspicuous sign saying that guns are banned from the premises. In addition to the sign, the owner or a representative must personally inform people of the posted request and demand compliance.Before the law was passed, more than 300 organizations, including city councils, police associations and churches opposed the legislation, arguing that the new law would put an estimated 90,000 additional concealed weapons onto the streets. Currently, fewer than 12,000 people have concealed weapons permits. Supporters of the legislation were the National Rifle Association, Concealed Carry Reform Now and the Republican Party of Minnesota.Boundaries of the lawSheriffs are bound to issue handgun permits to applicants without felony convictions. Before this law, sheriffs could consider personal history outside of felonies — a number of high misdemeanors or unstable mental health, for example, could cause a sheriff to not grant a permit.Rock County Sheriff Mike Winkels will issue the permits, and he expects that number to be near 200, the same amount of people currently issued handgun permits.Once an application for a concealed gun permit is completed, sheriffs have up to 30 days to check an applicant’s background and another five days to actually issue a permit.In Rock County, no permit applications have been filed. Sheriff Mike Winkels said that is probably because potential applicants haven’t gotten a chance to complete required training yet.Once finalized, the permit information is not public information in Minnesota, meaning that the Sheriff’s Office can’t release who has gun permits. Handgun permits and concealed weapon permits are not a matter of public record and haven’t been for about 10 years in this state. South Dakota gun permits are open files, however.Breaking the lawoIt is a gross misdemeanor for a person to carry a pistol in a public place without a permit.oIt is a petty misdemeanor for a person authorized to carry a gun to not have the permit card in immediate possession. (The charge will be dismissed if the person demonstrates later that the person was authorized to carry the handgun.)oIt is a misdemeanor for a permit holder to fail to notify the issuing sheriff of a change of address or a lost or destroyed card.oIt is a misdemeanor for a person with a permit to carry or possess a firearm on school property. It is also a felony for a person without a permit to carry or possess a firearm while knowingly on school property.oIt is a petty misdemeanor to remain at a private establishment that has banned weapons. The owner may not ban guns in a parking facility or parking area, so people have a place to store their guns while they’re in a business.oThis law establishes a new set of crimes known as "carrying while under the influence of alcohol or a controlled substance." It is a misdemeanor for a person to carry a pistol in a public place when the person’s alcohol concentration is less than 0.10, but more than 0.04.Most violations will not result in a forfeiture of the person’s gun.

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