SF3836

Purpose

• To adjust how government data about firearms purchases, transfers, and permits to carry firearms is classified, and to extend retention requirements for certain firearm permit data. The bill changes when such data is private versus public and establishes specific public-access carve-outs tied to certain events.

Main provisions

• Data classification for purchases/transfers and permit applications
  • All data pertaining to the purchase or transfer of firearms and applications for permits to carry firearms, collected by government entities under sections 624.712 to 624.719, are private data. This uses the privacy standard in Minnesota Statutes, section 13.02 subdivision 12.
• Public data for permit actions
  • Data pertaining to the revocation, suspension, or voidance of a permit to carry a firearm is public data on individuals under section 13.02 subdivision 15.
• Public data carve-out for certain death scenarios
  • Notwithstanding section 13.10, data pertaining to an individual’s permit to carry a firearm is public data on individuals under section 13.02 subdivision 15 if the permit holder dies by suicide with a firearm or dies as a result of use of force by a peace officer.
• Amended statutes
  • The bill amends Minnesota Statutes 2024 section 13.87 subdivision 2 and 624.714 subdivision 14.1.5.
• Retention requirements
  • The bill includes extending retention requirements for certain firearm permit data (specific retention details are not provided in the excerpt).

Significant changes to existing law

• Privacy shift
  • Moves most data about firearm purchases, transfers, and permit applications from public to private data.
• Public access for specific actions
  • Keeps data about the revocation, suspension, or voidance of a permit to carry a firearm as public.
• Death-related public disclosure
  • Creates a public data exception for permit data when the permit holder dies by suicide or dies in circumstances involving use of force by a peace officer.
• Data retention
  • Adds or broadens requirements to retain firearm permit data for a longer period.

Practical implications

• Privacy vs. transparency
  • Purchases, transfers, and permit applications become more privacy-protected, which reduces public access to those records.
  • However, information about permit revocation or death-related public disclosures remains accessible in some circumstances.
• Public interest in certain cases
  • Public data carve-outs in death scenarios may allow researchers, media, and the public to access information in high-profile or tragedy-related cases.
• Administrative impact
  • Government agencies may need to adjust data handling, storage, and retention practices to reflect the new privacy classifications and extended retention periods.

Relevant Terms - data pertaining to the purchase or transfer of firearms - applications for permits to carry firearms - private data - public data - revocation, suspension or voidance of a permit to carry a firearm - 13.02 subdivision 12 - 13.02 subdivision 15 - Notwithstanding section 13.10 - permit to carry a firearm - death by suicide by firearm - use of force by a peace officer - Minnesota Statutes 2024 section 13.87 subdivision 2 - Minnesota Statutes 2024 section 624.714 subdivision 14.1.5 - retention requirements for firearm permit data - government data practices