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minnesota oiCims <br /> <br />July 10, 1980 <br /> <br />TO: <br /> <br />FROM: <br />RE:. <br /> <br />.City Clerks ': ' . . <br />(Please bring to attention' of your Maysxr~ Manager and Administrator) <br />Star Peskar, General Counsel~~~ <br /> <br />Police Firearms <br /> <br />Laws 1980, Chapter 578, contain a surprise provision which apparently does not allow <br />peace officers to carry a firearm on duty unless he/she has been licensed pursuant <br />to M.S. 626.84 to 626.855. <br /> <br />This troublesome provision was attached to the uniforms colors bill in conference <br />committee. According to the chief authoes; McCutcheon and Lehto, it was not designed <br />to cause any hardships for our communities but rather was an attempt to clear up some <br />statutory language. Unfortunately, language added in conference committees often can <br />not receive the close scrutiny and input from the affected parties which the bills <br />previously heard and approved by each house receive. The POST Board is attempting <br />to address these problems by proposing amendments to-the licensing regulations which <br />would eliminate the one-year probatiOnary period for trained, tested and employed <br />full-time officers and grant provisional licenses to part-time officers during their <br />screening, training and testing period. The hearing on these proposed changes is <br />scheduled for July 24 at 9:00 a.m. at the State Office Building, Capitol complex. <br />Despite the fact that this date is only weeks away, effective completion of the rule <br />changes will take until some time in September or early October. State statute <br />establishes the process of amending rules and, unfortunately, will not allow the <br />POST Board to proceed any faster in resolving this problem. It is clear that the <br />proposed rule change will help to rectify this situation and I intend to testify to <br />this effect at their rule hearing. <br /> <br />Finally, because of the serious liability potential, we recommend that city officials <br />consult with their legal counsel or the county attorney on this important matter. <br />Whether a city decides to disarm unlicensed officers, defer hirings,, impose <br />reassignments, or layoffs Nil.1 be a decision for each governing body. Ignoring <br />the statute would not'seem'to"be'wi~ h'ow~ver. Until~this'issue is rectified,,'.-' <br />the League_. feels compelled to bring this issue to your attention. <br /> <br />OVER) <br /> <br />hanover' buildir~g. 480 cedar street, saint, paul, minnesota 55101 (t~12] 222-21B81 <br /> <br /> <br />