MINNESOTA COURT SYSTEM FORMS & PROCEDURES
Section: Conceal & Carry Denial Relief Type: Civil Other
Instructions for Filing a Petition for Reconsideration of Firearm Permit Denial With the District Court
(Minn. Stat. § 624.714 subd 12)
1. A Petition for Reconsideration of Denial of Firearm Permit may be filed with the District Court having jurisdiction over the county where an application for firearm permit and a subsequent reconsideration request to Sheriff was denied. 2. Forms are available at your local court administration office or online at www.courts.state.mn.us/ctforms 3. You will need the following forms to file a petition for reconsideration with the District Court: a. Petition for Reconsideration of Denial of Firearm Permit b. Affidavit(s) of Service 4. Complete the Petition by typing or printing in the blanks on the form with the required information. Sign the Petition in the presence of a Notary Public or Court Administrator/Deputy. Notaries may be found at banks. Sign the Petition with the Notary Public or Court Deputy watching you. Bring picture identification to show to them. 5. You must have someone who is 18 years of age or older who is not a party to the action serve the notarized petition either in person or by mail on the County Attorney. Some jurisdictions may require you also serve the County Sheriff. Ask your Court Administrator for local service requirements. After service of the petition on the County Attorney and if required by your local Court, the County Sheriff, the person who served the papers must complete the appropriate Affidavit(s) of Service. a. If they served the party(s) by mail, they must complete the Affidavit of Service by Mail form(s). b. If they served the party(s) in person, they must complete the Affidavit(s) of Personal Service. Signatures on Affidavits of Service must also be notarized.
Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.
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6. Bring the original Petition and the executed Affidavit(s) of Service to the Court Administrator's office for filing. You will be required to pay the civil filing fee at the time you file your Petition with the Court. The Court Administrator will schedule a de novo hearing (without a jury) at the earliest practicable date, but no later than 60 days following the filing of the petition for reconsideration and send notice of the hearing to you the petitioner, the County Attorney and/or the County Sheriff. 7. As the petitioner, you must go to the hearing on the date and time it is scheduled. When you get to Court, check in with the Court Administrator or court bailiff outside the assigned courtroom. Arrive early to give yourself time to find the courtroom and get organized. 8. After the hearing the judge must issue written findings of fact and conclusions of law regarding the issues submitted by the parties. a. If the court grants the petition, the court will order the court administrator to issue a writ of mandamus directing the Sheriff to issue the permit and order other appropriate relief. Court administration will mail copies of the judge's decision to the parties. b. If the court denies the petition, court administration will mail copies of the judge's decision to the parties.
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