Minnesota Possesion of Pistols or semi-automatic military-style assault weapon laws

[SonOfRoost]

In my plan to purchase a handgun, I decided to read up on my laws concerning my (a 14 year old Minnesotan) ability to posses a handgun. I found a piece about how anyone under 16 can't posses a Pistol or semi-automatic military-style assault weapon, unless one of the 4 requirements are met, this is number 4; the only one that would allow me to be in possession of the handgun without direct supervision.
"if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources"
The only thing is, I don't know if Hunter's Safety courses count as one of these courses, and I sort of doubt they do. If anyone could enlighten me as to what courses count as "designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources". I would also like to know where I could take the class, if possible, thank you in advance.

 

[Mr Bernoulli]

You should just call and ask the agency that way you get it right form the horses mouth. This way there is no confusion and its good to keep them agencies on their toes!

 

[NavyLCDR]

How do you propose to get around the Federal law?

18 USC 922 (x):

(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to
knowingly possess -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to -
(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile -
(i) in the course of employment, in the course of ranching or
farming related to activities at the residence of the juvenile
(or on property used for ranching or farming at which the
juvenile, with the permission of the property owner or lessee,
is performing activities related to the operation of the farm
or ranch), target practice, hunting, or a course of instruction
in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile's parent
or guardian who is not prohibited by Federal, State, or local
law from possessing a firearm, except -
(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause
(i) is to take place and transportation by the juvenile of
that handgun, unloaded and in a locked container, directly
from the place at which such an activity took place to the
transferor; or
(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the
juvenile's parent or legal guardian and at the direction of
an adult who is not prohibited by Federal, State or local law
from possessing a firearm;

(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
(iv) in accordance with State and local law;

(5) For purposes of this subsection, the term "juvenile" means a
person who is less than 18 years of age.

Are you sure you want to risk a Federal felony?

 

[zxcvbob]

"prior written consent" from his guardian would cover that wouldn't it?

 

[NavyLCDR]

"prior written consent" from his guardian would cover that wouldn't it?

1. The exceptions to 18 USC 922 (x) only apply to the TEMPORARY transfer of a handgun to a juvenile. The outright sale and permanent possession of a handgun by a juvenile is completely prohibited by 18 USC 922 (x).

2. In order for a juvenile to be excepted under 18 USC 922 (x), all four conditions joined by "and" must be met (i), (ii), (iii), AND (iv).

Cutting out the extra b.s.:

(3) This subsection does not apply to -

(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile -

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parentcor guardian who is not prohibited by Federal, State, or local law from possessing a firearm,

(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and

(iv) in accordance with State and local law;

------------------

Possession is also allowed during transportation of the handgun, unloaded and in a LOCKED case when going directly to a place associated with the activities in (i) above, provided that during transportation the conditions of (ii), (iii) AND (iv) are still met.

 

[rtpzwms]

a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources

I don't think you made it by this requirement yet. Unless your hunter safety course addressed this requirement your not done. I think it would have to be an approved HANDGUN or ASSAULT WEAPON class. It would be listed and "sold" under such a description.

In my plan to purchase a handgun,

Sorry not for a couple of years yet.... in most states it is legal for a parent to give a minor child a gift of a hand gun. But I think the others are correct, call your state agency and have a conversation about how to go about the process. Take good notes and learn all you can from them so if and when its legal you'll know what to do and when to do it. I think it would be a great learning opportunity for you. And I'll give your a lot of credit for starting the learning process already. You just have a little more to do. Keep it up!

 

[SonOfRoost]

My dad would purchase it for me, then give it to me, I'm just 'gifting' him the money required to make the purchase. And if I took the course to allow me to posses a handgun, I'm positive my dad would give written consent for me to posses it, if the circumstances permit. The real obstacle here is that I'm trying to find the class, and all of the courses I find are hunter's Safety courses rather than the one described above.

 

[NavyLCDR]

So, basically you don't care what Federal law is.

 

[jackpot]

Honestly Federal Law? How many states now have laws called the "Firearm Freedom Act"? Those are in direct contention with federal law and their hasnt been any boot jacks raid a state yet. Also take into account California and marijuana. Federal Law?

My advice is to first and foremost obey the laws that your state has set forth. Im not advocating breaking federal law, but you and your parents need to make the best decision for your situation.

 

[rbernie]

My dad would purchase it for me, then give it to me, I'm just 'gifting' him the money required to make the purchase.

This is clearly an example of a straw purchase and is illegal according to Federal law. The F Troop will not care one whit about state laws or anyone's Internet law readings on preemption issues; if they find out, they will arrest and prosecute your parents. Your family does not need that pain.

It is seriously bad juju.

take into account California and marijuana. Federal Law?

In Gonzales v. Raich, the US Supreme Court effectively ruled that the Federal power to regulate marijuana superseded the state's right to allow it. That decision was also used in U.S. v Stewart to uphold the GCA '68 definitions of prohibited persons and restrictions on weapons possession by a prohibited person.

NavyLT has clearly shown that the intended course of action is in violation of Federal law. The Federal law in question has yet to be successfully challenged on preemption grounds, and in fact has been upheld in every case so far where preemption was an issue.

There is no getting cutsie with this stuff - not if you want to avoid the attention of the Federales.

 

[Screamin'Eagle]

When I was 18 my best friend was robbed at gun point in broad daylight on public property near a university. A year before that happened I had already decided that purchasing a handgun and getting a permit to carry would be a goal of mine when I turned 21. After the robbery there were times that I wished there were ways to get around current legislation, but I waited patiently anyways. I am 22 and since I turned 21 I have enjoyed the right of owning a handgun and the privilege of carrying it on me where allowed.

My thoughts are that you can do one of two things:

Wait patiently
OR
Work with others to fight current legislation-IN THE COURTS, if you feel so strongly about the age restrictions, etc. Doing something sketchy or illegal concerning the ownership of guns(a straw purchase) is not the answer.

 

[Yarddog]

Best course of action is to (1 Shoot said Handgun with adult present (2 Wait till your 18
YOA to take handgun as (Gift) JMO
Y/D

 

[MrWesson]

Your dad buying you a gun is not a straw purchase.

Your dad buying you a gun when you cannot legally own one is.

Why the hang up on owning and possessing it permanently? Cant you just shoot with your dad?

I assume you want to own so you can go shooting by yourself.

At 14 how are you getting there are you going to ride your bike while carrying a gun case? If you have property to shoot then shooting alone shouldn't be a problem.

 

[NavyLCDR]

Your dad buying you a gun is not a straw purchase.

Your dad buying you a gun when you cannot legally own one is.

Actually, that is not exactly true.

Your dad buying you a gun is not a straw purchase.

If dad walks into a gun store and buys a gun with junior's money and then provides that gun to junior, it IS a straw purchase. It does not matter if junior is the local chief of police or the President or a 14 year old minor.

If dad walks into a gun store WITH THE INTENTION of taking that exact same gun and giving it to junior and taking junior's money it IS a straw purchase. It does not matter if junior is the local chief of police or the President.

If dad walks into a gun store and buys the gun with his own money, with the intention of that becoming his own gun to do with what he wants to with it, even the intention of giving it to junior as a gift, with no compensation in return - NOW it is a legal purchase and a gift, NOT a straw purchase.

Your dad buying you a gun when you cannot legally own one is.

Two separate and distinct crimes. Straw purchase is one. Providing a gun to a prohibited person is the other. One may result in the other - but they are still two separate sections of US Code and two separate crimes that may occur together or individually - one does not necessarily result in the other.

 

[SonOfRoost]

Forgive my slip in speech, I meant that when I turn 21 the gun would be given to me. This doesn't violate any federal laws... Although I did say that improperly, my bad. I would just like to know that I am able to have as much freedom with my gun as possible, not so I can run around with it, just that in a legal sense the gun is as available to me as much as possible at my age. It is true that I would almost 100% of the time I would be under direct supervision, but it's comforting to know that I'm not required to be under direct supervision all the time.

 

[NavyLCDR]

Forgive my slip in speech, I meant that when I turn 21 the gun would be given to me.

Why wait until your 21? The gift to you would be legal at age 18.

 

[SonOfRoost]

Would it really? I thought you had to be 21! Well if it's legal at 18, I'll take it then.