Need some help/input on FTF sale in MN
dmallind
April 6, 2005, 01:16 PM
The following statute applies to sales of pistols in MN
http://www.revisor.leg.state.mn.us/stats/624/7132.html
It's a lot of stuff about filing reports with police chiefs and waiting before transfer etc - nothing too unusual
However down there in exclusions there is the phrase "this section does not apply to.......a) a transfer by a person other than a federally licensed
firearms dealer;"
Now at least by the letter of the law that implies I can sell a gun without any reporting or delay necessary. Now not being stupid I will use a two way bill of sale and get a copy of the guy's DL and a signature, but other than that does anyone know if I need to see a permit to purchase (MN law requires one of these to buy immediately from a dealer) or a permit to carry too? Am I right that I don't need to report this sale and wait for a delay?
BTW please don't lecture me or rant about rights and strict Constitutionalism - I want to comply with the law as it IS not the law as it potentially should be.
Many thanks!
If you enjoyed reading about "Need some help/input on FTF sale in MN" here in TheHighRoad.org archive, you'll LOVE our community. Come join
TheHighRoad.org today for the full version!
Phantom Warrior
April 6, 2005, 01:39 PM
As far as I know, it is legal to do a person-to-person sale without any paperwork or checks.
Bear Gulch
April 6, 2005, 01:47 PM
You find that often FFLs have to deal with more restrictions that do private sellers.
yorick
April 6, 2005, 02:38 PM
the only potential gotcha is that your not supposed to sell to a prohibited person - I can't imagine you'd get any heat for it unless the guy wacked somebody right after he bought it from you...
So how do you know if they are a prohibited person?
You could write to your local sherrif and have them do a check or you could ask to see a copy of their MN permit to purchase (required in MN to buy a handgun or 'assault rifle' from an FFL)
When I lived in MN, and sold a handgun I just asked the buyer to sign a statement saying they were not a prohibited person.
s&w 24
April 6, 2005, 02:43 PM
according to the letter of the law the percahaser of a private party firearms must produce a permit to perchase if applicable and file a registration form with the local LE office. On the first part no biggy on the second part I've never found that any LE agency in MN would actually file a registration application(next time you get a PTP look at the top of the page theres a little box for registering a firearm)
HankB
April 6, 2005, 02:47 PM
according to the letter of the law the percahaser of a private party firearms must produce a permit to perchase if applicable and file a registration form with the local LE office. Is this new? I lived in MN for many years and though I knew of the "permit to purchase" requirement, I never heard of a registration requirement.
dmallind
April 6, 2005, 03:11 PM
Dunno if it's new but the PTP is very real yes - I have one myself. However reading through statute 624 in toto all this is is a transferee permit - in other words it prevents the FFLs from having to do file paperwork with each police chief for each buyer and have waiting periods before they deliver the gun - so the PTP is a convenience for both buyer (he picks up the guns immediately) and the FFL (he only needs to do NICS and does not have to manage wiating periods). The law allows an FFL to sell to me without one of these but only with the sign off of the police chief where I live and with a waiting period thereafter - thus it's easier to get the PTP.
I'm looking at mine right now and I don't see any registration indicators. The form I filled out to get it specifically excludes (for what this is worth in real life) the use or retention of that application for any other purpose other than to make sure I'm not a prohibited person. Sure I have no idea if the cops really do use it for something else but the same holds true of NICS etc so if they wanted my info they'd have it by now regardless of what I have as a PTP.
If you enjoyed reading about "Need some help/input on FTF sale in MN" here in TheHighRoad.org archive, you'll LOVE our community. Come join
TheHighRoad.org today for the full version!
vBulletin® v3.8.6, Copyright ©2000-2012, Jelsoft Enterprises Ltd.