Agenda - Economic Development Authority - 02/14/2013

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9.24 residence, may file a petition with the district court therein, 9.25 for an order revoking a permit to carry on the grounds set forth 9.26 in subdivision 6, paragraph (a), clause (3). An order shall be 9.27 issued only if the sheriff meets the burden of proof and 9.28 criteria set forth in subdivision 12. If the court denies the 9.29 petition, the court must award the permit holder reasonable 9.30 costs and expenses, including attorney fees. 9.31 (d) A permit revocation must be promptly reported to the 9.32 issuing sheriff. 9.33 [EFFECTIVE DATE.] This section is effective the day 9.34 following final enactment. 9.35 Sec. 8. Minnesota Statutes 2004, section 624.714, 9.36 subdivision 12, is amended to read: 10.1 Subd. 12. [HEARING UPON DENIAL OR REVOCATION.] (a) Any 10.2 person aggrieved by denial or revocation of a permit to carry 10.3 may appeal by petition to the district court having jurisdiction 10.4 over the county or municipality where the application was 10.5 submitted. The petition must list the sheriff as the 10.6 respondent. The district court must hold a hearing at the 10.7 earliest practicable date and in any event no later than 60 days 10.8 following the filing of the petition for review. The court may 10.9 not grant or deny any relief before the completion of the 10.10 hearing. The record of the hearing must be sealed. The matter 10.11 must be heard de novo without a jury. 10.12 (b) The court must issue written findings of fact and 10.13 conclusions of law regarding the issues submitted by the 10.14 parties. The court must issue its writ of mandamus directing 10.15 that the permit be issued and order other appropriate relief 10.16 unless the sheriff establishes by clear and convincing evidence: 10.17 (1) that the applicant is disqualified under the criteria 10.18 described in subdivision 2, paragraph (b); or 10.19 (2) that there exists a substantial likelihood that the 10.20 applicant is a danger to self or the public if authorized to 10.21 carry a pistol under a permit. Incidents of alleged criminal 10.22 misconduct that are not investigated and documented, and 10.23 incidents for which the applicant was charged and acquitted, may 10.24 not be considered. 10.25 (c) If an applicant is denied a permit on the grounds that 27