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<br />According]y, the League recommends that cities carefully consider the risks and benefits before
<br />entering into such contracts. We would also recommend that the contract make it clear that the
<br />counb, would cover the liabilib, for police chiefs' action. There is potential liability if the chiefs
<br />do not follow, procedures such as the mandatory back~ound checks.
<br />
<br />Notice to police chiefs of permit applications. VChen an application for a permit is filed with
<br />the counb' sheriff, the sheriff is required to notify the chief of police of the municipality where
<br />the applicant resides. The chief of police is then authorized, but not required, to provide "any
<br />information relevant to the issuance of the permit." VChile the taw does not impose an obligation
<br />to provide information, local law enforcement officials may want to adopt policies that articulate
<br />· what sources of information they will review in responding to notification of a permit application
<br />from a count3, sheriff.
<br />
<br />Responsibilities of prosecutors. VChen a person is charged with an offense that would, upon
<br />conviction, prohibit the person from possessing a firearm, the prosecuting artomey is required to
<br />ascertain whether the person is a permit holder. If the person is a permit holder, the prosecutor is
<br />required to notify the issuing sheriff that the person has been charged with a prohibiting offense.
<br />The prosecutor must also notify the sheriff-of the final disposition of the case. tn addition to the
<br />felony charges that would trigger this reporting obligation for count3, attorneys, ]ocal prosecutors
<br />will also have this obligation for certain offenses such as Minn. Stat. Sec. 51 BB. t 4, violations of
<br />orders for protection; Sec. 609.2242 subd. 3, domestic assault; and Sec. 609.749, sub& 8,
<br />harassment, and stalking. There could be potential.liability to the city and/ts prosecutor if these
<br />responsibilities are not carried out.
<br />
<br />What authority do cities have to regulate handguns?
<br />
<br />Not much. The law provides that "this sect]on sets forth the complete and exclusive criteria and
<br />procedures for the issuance of permits to carD, and establishes their nature and scope. No sheriff,
<br />police chief, governmental unit, government official, government employee, or other person or
<br />body acting under color of law, or government authority may change, modify, or supplement
<br />these criteria or procedures, or limit the exercise of a permit to carry
<br />
<br />In addition, Minn. Stat. Section 471.633 states that: "The legislature preempts all authority ora
<br />home rule charter or statutory cit5, including a city of the first class, count5,, town, municipal
<br />corporation, or other governmental subdMsion, or any of their instrumentalities, to regulate
<br />firearms, anmaunition, or their respective components to the complete exclusion of any order,
<br />ordinance or regulation by them except that: (a) a governmental subdivision may regulate the
<br />discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to
<br />state law,. Local regulation inconsistent with this section is void."
<br />
<br />These two statutes severely limit a cit3,'s ability to regulate the carD, lng of handguns. The only
<br />possible exceptions appear to be the abilit3, to adopt local regulations limiting the brandishing
<br />and discharge of weapons within the city and the possible abilit3, to regulate establishments
<br />where handguns may be present. For instance, because the law makes it a crime to possess a
<br />pistol while under the influence of alcohol, the cig, may be able to adopt an amendment to its
<br />liquor regulations, requiring all liquor license holders to ban handguns.
<br />
<br />I45 University Avenue West, St. Paul, MN 55103-2044 · (651) 281-1200 * (800) 925-1122. ,~x~,.lmnc.org
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