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264347 j _�' � WH� - CITY CLERK , + - . � 264�4'7 PIN�� - FI)JANCE TT C011I1C11 � CANARY - DEPARTMENT � � • . ` GITY OF SAINT PAl1L BLUE�� -..,R��R File NO. .�i � � �s?�3 � � ' ' � Ordin�nce Ordinance N 0. � ' � Presented By . R ed To Committee: Date Out of Committee By Date An. ordinance amending Chapter 425 of the Saint Paul Legislative Gode pertaining to selling, giving, owning, possessing and carrying weapons; providing for the regulation and control of the carrying of firearms and repealing Sections 491.01 to . 10 of the Saint Paul � Legislative Gode pertaining to Special Police Commissions. The Gouncil of the Gity of Saint Paul does ordain: Section I . That Chapter 425 of the Saint Paul Legislative Code is amended by adding a section design.ated Section 425.03-1 as follo�vs : 425.03-1 Permit to Carr.y Firearms A. Chief of Police; authoritv to issue; revocation � The Chief of Police is hereby authorized to issue permits to carry a firearm where it is otherwise unlawful to do so to persons whose occupations require the use of a firearm and where the Ghief of Police in his discretion finds that it is in the public interest in order to preserve the public peace, health and safety, subject to the conditions and regulations as hereinafter set forth. COUIVCILMEN Yeas Nays Requested by Department of: Hunt Konopatzki In Favor Levine Meredith Agairlst BY Sprafka Tedesco Mme.President Butler Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary BY`�• �� ���� By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY � . . � � � � � 26434'� .. . . � . � : . � � -� • F . Page 2. Permits issued hereunder may be revoked by the Chief of Police for violation of statute, ordinance, regulation or other misconduct. Any violation of this chapter, or Minnesota Statutes Sections 326. 331 to . 339 or conviction of any of the offenses enumerated in Minnesota ��:�'� Statutes 326. 331 shall be sufficient cause for revocation of a permit. B. Permits, persons eligible for No person shall be issued a permit to carry a firearm who is not qualified to be licensed purauant to Minnesota Statutes Sections 326. 331 to . 339 to engage in the business of private detective, investigator or protective agent or who is not employed full time or permanent part time by a person, firm or corporation holding such aforesaid license. In special or unusual circumstances the Chief of Police may at his discretion issue limited permits to persons not meeting the above requirements , if such persons are otherwise qualified. Such special or unusual circumstances shall be stated in writing by the Chief of Police. Any person who makes any false statement in any material matter in application for a permit hereunder, shall be guilty of a misdemeanor. C. A�plication, Insurance ' (1) The application for a permit shall be ��rt duplicate, shall b� under oath and shall state: (a) The full name, age, sex, residence for the past five years, present and previous occupations and employers of the applicant. � , ` `,�'. .. �' • . � � �'I��� . , � � � Page 3 • � ,:u�' ' (b) That the applicant .is at _ least 21 years of age,: a citizen of the United� States and resident of the,; State of Minnesota..:, ; „' `�' (c) That the applicant has never .been convicted of , � - a felony or other offense as set forth in Minnesota � Statutes 326 .331 . - (d) A description of each and : � � . every firearm to be cavered - by such permit including `� caliber, make, model and serial number. (e) Such further facts as��tay be reQuired `by the �hief of , Police to sl�d�+r, the . good : character, .competen�"y and integrity of the a.pp�i�ant, �;., including name ancl;,address ° of three references� withix�: th� Twin Cit%�s 'area. (2) ,Each applica�i,or� sha1L be` accompanied by: . (a) The filing with the Chief o.f Police of a Certifica.�e a� _ Insurance or a copy �i�� the'°�: - policy in a form to be' apprtived by the city attorney,. naming the permittee and the Ci�y of 'Sain,� ��; Paul as joint insur`eds and using a Cross Lia'�ility Endors�ment, protect the permittee and the City of Saiat Paul from claims for damages and personal ';; injuries, including death, and property damage �:rising from any � act or omission involving the use, possession, transportation, storage, or discharge of .any ' weapon. As_ used i,n. the preceding �'�-: , � ,;�� . `__ . • . •� .�r ��434'7 � ' Page 4. sentence, the City of Saint Paul includes the City of Saint Paul , a municipal corporation, and its agents , officers , employees, servants , successors , and assigns . The minimum amount of such insurance �shall be as follows : Bodily Injury Insurance, including deat�, �300,000.00. Property Damage Insurance, �300, 000. 00. Said Certificate of Insurance or copy of the Policy shall be accompanied by the "Saint Paul Uniform Endorsement" as pres— cribed by Section 93. 03 of the Saint Paul Legislative Code. When the applicant is an employee of person, firm, or corporation duly licensed pursuant to Minnesota Statutes , Sections 326. 331 to . 339 as specified in paragraph B hereof, the insurance required hereunder shall be deemed in compliance if the person, firm, or corporation employing the � applicant shall have filed with the Chief of Police a certificate of insurance or copy of the policy which insures the person, firm, � or corporation and its agents , officers , and employees as well as the City of Saint Paul . In addition, the applicant -shall present to the Chief of Police an affidavit executed by the person, firm or corporation or officer thereof, employing the applicant, that the applicant is an eligible employee for a permit issued nereunder as specified in paragraph B hereof. (b) Two color photographs and a full set of fingerprints. D. Permits issuance, background check, Council review Upon receipt of the application, the Chief of Police shall conduct a baekground investigation . , . '., � � . - . �6434'7 � : � � Page 5 . . of the applicant, which shall be completed within 10 working days . The Chief of Police then shall either issue or deny the permit. Any person who is denied a permit hereunder or whose permit has been revoked shall have the right to a review of the action of the Chief of Police by the office of the Mayor, which shall have authority to order the Chief of Police to issue or reinstate such permit under such terms and conditions as the Council or sub-committee thereof in its discretion finds reasonable . E. Restriction on Permits The Chief of Police may in his discretion set forth the terms and conditions pertain- ing to the carrying of a firearm in each individual case, but no permit shall authorize any person to carry a firearm except while actually engaged in the occupation requiring the carrying of a firearm or while actually travelling between his place of abode and his place of employment. F. Permits, Issuance, Expiration, Fee Permits shall be issued for a period of one year unless sooner revoked or cancelled and shall expire one year from the date of issue unless application for renewal is received in the office of the Chief of Police prior to the expiration. Renewals may be granted by the Chief of Police under the same conditions as the original issue, but no renewal shall be granted unless the Chief of Police determines that such renewal is in the public interest for the preservation of the public peace, health and safety. The annual permit fee shall be $10. 00 . .. ; : .- �6434�7 � Page 6. G. Identification Card The identification card shall be and remain the property of the City of Saint Paul . The Chief of Police shall require a deposit of �25 from individual licensees and �50 from employers of more than one licensee. Within 10 days of the expiration, cancellation or revocation of any permit issued hereunder the permittee shall return the identification card to the Chief of Police. In the event that the permittee fails to return the identification card within the prescribed time the deposit required hereunder shall be forfeited at the rate of �25 for each identification card not returned. If any individual licensee or employer of more than one licensee fails to maintain the required deposit , he shall be so informed, and upon failure to comply within 10 days, his license or employees ' licenses shall be revoked. Failure to surrender said card within 10 days after expiration, cancellation or revocation shall be a misdemeanor. H. Change of address or employment All persons holding permits hereunder shall notify the Chief of Police in writing of any change of address or change of employment , including termination of employment. It shall be the duty of the employer to notify the Chief of Police of termination of employment of a per�son holding permit to carry firearm. Failure to so notify the Chief of Police within 10 days of change of address or change or termination of employment shall be a misdemeanor and shall be grounds for revocation of the permit. I. Permits , automatic termination Permits issued hereunder shall automatically terminate upon termination, cancellation or revocation of the license held by the , ° �� � . � � ' 264�4`7 . . ; : , � � Page 7 . permi'ttee- hereunder or the license held by his employer under Minnesota Statutes Sections 326. 311 to .339 to engage in the business of private detective, investigator or protective agent. J. Statutes applicable All applicable provisions of Minnesota Statutes Sections 336. 331 to . 339 shall apply to persons holding permits hereunder and any violation of said statute shall be grounds for revocation of such permit. Section II. That Section 425. 03 of Paragraph C of the Saint Paul Legislative Code is amended to read: "C. Persons holding permitS _ to carry a firearm pursuant to Section 425. 03-1 while carrying on their occupations . " Section III. That the last paragraph of Section 425.05 of the Saint Paul Legislative Code is amended to read: "The provisions of this section shall not apply to transport by persons lawfully engaged in the business of making, selling, or repairing firearms , nor to persons holding permits to carry a firearm pursuant to Section 425.03-1 while carrying on their occupations , nor to military personnel in the course of their duties or to peace officers. " Section IV. That Section 425. 09, Paragraph B, of the Saint Paul Legislative Code is amended to read: ' "B. By persons holding permits to carry a firearm pursuant to Section 425.03-1 , peace officers , or military personnel , in the course of their duties and in necess�,ry connection with enforcement of the laws ; " � ; °���•� �Y. � �643�"7 , � � . . Page 8. Section V. That Ordinance 12642, approved January 22, 1g64, codified as Sections 491 . 01 to . 10 of the Saint Paul Legislative Code is hereby repealed. Section VI. That any special police commissions , bearing a �irearm endorsement , issued pursuant to Ordinance 12642, approved January 22, 1964, codified as Sections 491 . 01 to 491. 10 of the Saint Paul Legislative Code shall for the remainder of the current term, become permits pursuant to Section 425. 03-1 (a) , upon compliance by the permittee or his employer licensed pursuant to Minnesota Statutes Section 326. 331 to . 339 with Section 425. 03-1 (C) (2) (a) of the Saint Paul Legislative Code. Section VII. That Ordinance 14021, approved - October 31, 1968, and Ordinance 14196, approved June 20, 1969, codified as Section 425. 11 of the Saint Paul Legislative Code is amended to read as follows: "425. 11 Penalties. Any person violating � any provision of this chapter may be punished as provided by the Saint Paul Legislative Code Section 500. 05. In addition, any firearm in the possessic�n of such person at the time of such violation, and used therein, shall be confiscated and sold, destroyed or other- wise disposed of by the Department of Police in accordance with the Saint Paul Administrative Code, Section 7. 02 (E) . Conviction of any violation shall work an automatic revocation of all registrations , permits , and licenses held hereunder by the violator. " Section VIII. If any part , sentence or clause of this ordinance shall be adjudged void or of no effect , for any reason whatsoever, such decision shall not affect the validity of any of the remaining portions of this ordinance. _ WHITE� -� WTY CLERK . - � �6434`7 � PINK • - FINANCE GITY OF SAINT PALTL Council CQNARV,' DEPARTMENT � -BLUE ' �M�YQR File NO. ' "S'��` . • • �• '. / � �, ' O� in�nce Ordinance N0. �� 2� _ T" Presented By Referred To Committee: Date Out of Committee By Date Page 9. Section IX. This ordinance shall take ef�ect and be in force thirty (30) days after its passage, approval and publication. C U[VCILMEN Requested by Department of: Yeas ���Sen unt "atzki H�� _� In Favor L ne Levine Me dith Roedier p Against By S ka Sylvest� d co T�esco Mme.P sid t B er . . resident Hunt 0 CT 2 2 1974 Form Approved by City Attorney Adopted by Council: Date Certifi assed y ouncil Secretar BY , Approv Mayor: Date T 2' `3 � Approved by Mayor for Submission to Council By BY PUBLIS1fED OCT 2 6 ���� � ., ' . - � ' CITY OF SAINT PAUL y � ` �b4��'7 : � • OFP`ICE OF THE CITY COIINCIL �N�a N�� JOHN E. CHRISTENSEN CARL E. NORBERG Councilman Legialative Aide October 2, 1974 Mrs. Rose Mix City Clerk 386 City Hall Dear Mrs. Mix: The enclosed ordinance which is herewith submitted for placement on the Council agenda, has been considered by the Legislation Committee and is referred to the Council with the recommendation that it be approved. Very truly yours, C:� JOHN E. CHRISTENSEN, Chairman Legislation Committee JEC:mI Enclosure CIT'Y HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-56'79 O , r , a ` `1(j�y � 2nd b� 1 I 3rd ����J� Adopted �O�Z?.� T Yeas Nays CHIZISTENSEN HOZZA �"�E �6434'7 ROEDLER \ SYLVESTER ' TEDESCO PRESIDENT (HUNT)