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How are permit.application data classified under the MN Government Data <br />Practices Act? <br /> <br />All permit-application data collected by state agencies, political subdivisions, or statewide <br />systems are classified as private. (M~$. 13.87, subd. 2.) As a result, only the applicant and <br />individuals within the state or local governmental entity whose work assignments reasonably <br />require'access will be able to access this data. (M.$. 13.02, subd. 12; M. Pule 1205.0400, subp. <br />2.) <br /> <br />Will law enforcement agencies be able to verify whether permits are valid? <br /> <br />Yes. The commissioner of public safety is required to maintain an automated database of persons <br />authorized to carry pistols under this new law that is available 24 hours a day, seven days a <br />week. (M.S. 624.714, subd. 15.) This database will only be available to law enforcement <br />agencies, including prosecutors verifying the validity of permits. <br /> <br />Will any permit data be available to the public? <br /> <br />Yes. On an annual basis, beginning March 1, 2004, the commissioner of public safety must <br />report to the Legislature specific data regarding permits issued under the new law. (M.S. <br />624.714, subd. 20.) Sheriffs and police chiefs are specifically permitted to release private data to <br />the department of public safety for this purpose. The report will be available to the public at its <br />actual cost of duplication. The report will not contain any personally identifiable data. For <br />example, although the report will contain the number of permits applied for, issued, suspended, <br />revoked, and denied, it will only be categorized by the age, sex, and zip code of the applicant or <br />permit holder. (See M.S. 624.714, sub& 20 for a complete list of information required in the <br />report.) <br /> <br />Does the new law increase municipal liability exposure in any.way? <br /> <br />Yes. There are a number of ways in which municipal liability exposure may be increased as a <br />result of the new law: <br /> <br />Immunity. The law includes an "immunity" section, but it likely does not protect the city <br />from all possible claims or lawsuits that may be brought as a result of the law. The immunity <br />states that "... a police chief, any employee.., ora police chief involved in the permit <br />issuing process, is not liable for damages resulting or arising from acts with a firearm <br />committed by a permit holder unless the person had actual knowledge at the time the permit <br />was issued or the instruction was given that the applicant was prohibited by law from <br />possessing a firearm." So there is protection from claims or lawsuits where the permit holder <br />shoots someone and the injured party tries to sue the city for the information that it gave to <br />the county to issue the permit. <br /> <br />This immunity does not apply if it can be shown that the city employee had actual ~knowledge <br />that the applicant was prohibited by law from possessing a firearm. Therefore, if the.police <br />lmew that the applicant was dangerous or mentally ill and did not say anything to the sheriff <br />after being notified, there may be potential liability. <br /> <br />145 UniversiB, Ay enue West · St. Paul, MN 55103-2044 · (651) 281-1200'. (800) 925-1122 · xmxm:.tmnc.org <br /> <br /> <br />