Private handgun sales in Minnesota

Status
Not open for further replies.

HisStigness

Member
Joined
Nov 28, 2013
Messages
326
Location
Minnesota
I'm 19 and I have found that Minnesota has some interesting laws on handgun sales and possession. The feds say that you have to be 21 to buy a handgun from an FFL- obviously. However, Minnesota law says that an 18 year old can own and possess a handgun completely legally. What I'm wondering is how does somebody under 21 go about owning a handgun? As far as I know, private sale of a handgun requires the recipient and/or the seller to file transfer paperwork. So if somebody under 21 submitted paperwork for the private sale of a handgun would they reject it?
 
https://dps.mn.gov/divisions/bca/bc...ges/firearms-permit-to-purchase-transfer.aspx
This website says "Under Minnesota law, handgun transfers involve any sale, gift, loan, assignment or other delivery to another person." But the only paperwork they have is just the permit to purchase, which I already have for buying my "assault weapons".
So they say that you need to file paperwork to transfer a handgun but they don't have any paperwork that make sense of how to do so...
 
HUGE difference between purchasing and possessing.

Near as I can tell from a brief look at the link above suggest that MN follows Federal law ( with some MN additions ) meaning that its legal to posses, BUT, not legal for someone under 21 to PURCHASE a handgun
 
HUGE difference between purchasing and possessing.

Near as I can tell from a brief look at the link above suggest that MN follows Federal law ( with some MN additions ) meaning that its legal to posses, BUT, not legal for someone under 21 to PURCHASE a handgun
Under Federal law it is legal for a person 18+ years of age to PURCHASE a handgun [see 18 USC 922 (x)]. It is only illegal in Federal law for an FFL to transfer a handgun to a person less than 21 years of age. In Federal law, no FFL involvement is required for firearms, including handguns, transfers/gifts/purchases between same state residents.
 
Here is the statute in question:

https://www.revisor.mn.gov/statutes/?year=2013&id=624.7132#stat.624.7132

If the purchaser has the one year purchase permit, a report of the transfer is NOT required (all the way at the bottom):

624.7132 REPORT OF TRANSFER.
Subdivision 1.Required information.

Except as provided in this section and section 624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault weapon shall report the following information in writing to the chief of police of the organized full-time police department of the municipality where the proposed transferee resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The report shall be delivered by the transferor to the chief of police or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2.Investigation.

Upon receipt of a transfer report, the chief of police or sheriff shall check criminal histories, records and warrant information relating to the proposed transferee through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.
Subd. 3.Notification.

The chief of police or sheriff shall notify the transferor and proposed transferee in writing as soon as possible if the chief or sheriff determines that the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon. The notification to the transferee shall specify the grounds for the disqualification of the proposed transferee and shall set forth in detail the transferee's right of appeal under subdivision 13.
Subd. 4.Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five business days after the date the agreement to transfer is delivered to a chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the seven-day waiting period. The chief of police or sheriff may waive all or a portion of the five business day waiting period in writing if the chief of police or sheriff finds that the transferee requires access to a pistol or semiautomatic military-style assault weapon because of a threat to the life of the transferee or of any member of the household of the transferee.

No person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee after receiving a written notification that the chief of police or sheriff has determined that the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

If the transferor makes a report of transfer and receives no written notification of disqualification of the proposed transferee within five business days after delivery of the agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered to the transferee.
Subd. 5.Grounds for disqualification.

A determination by the chief of police or sheriff that the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon shall be the sole basis for a notification of disqualification under this section.
Subd. 6.Transferee permit.

If a chief of police or sheriff determines that a transferee is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon, the transferee may, within 30 days after the determination, apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.
Subd. 7.

[Repealed, 1994 c 636 art 3 s 46]

Subd. 8.Report not required.

If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.
 
Thanks for the great information NavyLCDR. Does that mean I'm a no-go because I'm 19,even though I have a permit to purchase (for "assault weapons" but it says permit to purchase handguns on it)?
 
Thanks for the great information NavyLCDR. Does that mean I'm a no-go because I'm 19,even though I have a permit to purchase (for "assault weapons" but it says permit to purchase handguns on it)?
Just the opposite. It means it is perfectly legal for you to purchase a handgun from another Minnesota resident in a private sale. All that is required is for you to possess the permit that you already possess, as long as it was the permit issued under 624.7131 which I believe that it is.
 
Also, further down in the same statute, the age limit is specified as 18 years old:


Subd. 15.Penalties.

(a) Except as otherwise provided in paragraph (b), a person who does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon in violation of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon to a person who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or semiautomatic military-style assault weapon knowing or having reason to know the statement is false.

(b) A person who does either of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 in violation of subdivisions 1 to 13;
or

(2) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statement.
Subd. 16.Local regulation.

This section shall be construed to supersede municipal or county regulation of the transfer of pistols.
 
Just make sure you purchase the handgun from someone that already owns it and not have that someone purchase it for you, then you pay them $$$. That would be a "Straw" purchase and illegal.
 
Although from 1999, here is a fairly good summary of firearm laws in MN with hyperlinks to the current statutes: A Guide for Legislators
Folks 21 and older can apply for the MN permit-to-carry which acts as a permit to purchase / transfer and is valid for 5 years.
 
While I was under 21, I found it much easier to just not say anything and let the seller come to his own conclusions. Most of the time they won't say anything, but if he questions it, you can ask him "how could I get a permit to purchase if it was illegal?"

Some of the other things I did was carry printed out sections of the relevant code, both state and federal, and I got 2 non-res carry permits (Maine and New Hampshire). The permits were a bit on the expensive side, but no sellers argued with me once I showed them I had multiple permits.

Unfortunately owning pistols while you're under 21 isn't the cakewalk it should be. I lost track of how many people either tried to steal my gun because "I wasn't old enough", or threatened to call the cops. Eventually I got to the point where I would just laugh at them and offer to call the cops myself. It's not right, but it's something that you may have to deal with eventually.
 
Telekinesis, so I should just let the seller figure it out when I get there? I think it does say under 21 on my ptp, so he'll figure it out. The thing I can't believe is that the people that issue the permits don't even know the law!
 
I told him up front that I'm over 18 but under 21.

While it was a good jesture, nowdays I don't tell anyone anything that I am not required by law to disclose to them unless it is a purely social situation with no business involved. ESPECIALLY when interacting with ANY government agency or employee. You already have your purchase permit, that is all that is required by law to disclose to the seller, I would have stated that you already have the purchase permit and left it at that.
 
Telekinesis, so I should just let the seller figure it out when I get there? I think it does say under 21 on my ptp, so he'll figure it out. The thing I can't believe is that the people that issue the permits don't even know the law!

Well, having "under 21" on the permit does throw a wrench into it. It's not really the nicest thing to do, but I would say get him there and if he makes an issue out of it, go from there. Just make sure you can back up your position with documentable facts (like handing him code or ATF publications that have the min age for handgun possession on there and highlighted). You'll have a better chance of convincing him in person, and if all else fails, show him the documentation and cash and tell him that it's perfectly legal and if he doesn't want to do it, he's missing out on imediate payment.

This does go against my typical preference of full disclosure before meeting, but sometimes you have to play the hand you're dealt. Like I said, it's not the nicest thing you can do as a buyer, and he might leave without selling it to you, but it has a decent chance of you actually beig able to buy the gun. On the other hand, he may just gloss over the permit and not notice the "under 21" stamp, in which case it is moot.

And the guy from Armslist most likely spoke to a secratery or someone in a non decision making role. I'm pretty sure that everyone in that division is told that if they don't know it's 100% legal, just say its illegal for liability reasons. They don't want someone getting arrested and testifying that a person from their office said it was legal. It's just basic CYA. Also, cops aren't lawyers. Don't go to them for legal advice.
 
Status
Not open for further replies.
Back
Top