In Minnesota, the state government has been shut down due to failure to balance the budget. In order to purchase a handgun or "military style" rifle, you must get a permit from the state. The permit statute says that upon receipt of the application, the police or sheriff's department must complete a background investigation and issue the permit or explanation of denial within seven days. One of the checks is with the department of human services, to see if the applicant has been involuntarily committed. DHS is closed due to the shut down, so these checks are not being processed (for most people). This check is explicitly prescribed by the statute, and the only part of the mandated process affected by the shut down.
Transferee permit statute
I applied for my permit at the beginning of the month and am still waiting. I have been told by my local PD that it will be an "unknown" amount of time. I presume this is a thinly veiled way of saying they won't issue the permit until the government returns to work and they complete the background checks. I have heard unsubstantiated anecdotes that some jurisdictions are issuing permits during the shut down, and at least two sheriffs are issuing permits to carry without being affected by the stoppage. The background check for that permit is the same check, however, the carry statute explicitly states that failure to respond to an application after 30 days constitutes an issuance. The transfer statute does not have language that strong. I should also note that the sheriff of my county has said that his office will delay processing carry permits until the return to work, effectively gambling that the shut down will end before those applications become de facto issuances.
Permit to carry statute, for reference
Essentially, I have been puzzling over whether to be insistent that the department issue my permit. It is not terribly uncommon, so I have been told, for permits to take longer than the statute allows. Which is, of course, illegal, though perhaps not in this case.
It might also be worth noting that the DHS checks have been ordered to continue by a judge, but processing of the checks is discretionary for anyone not needing one as part of their employment in a "critical core function" role.
Said order
I don't suppose any of you gentleman would have any insight, or better yet, personal experience? I have called with the intent of asking, but been put on hold for longer than I have to wait (in excess of 15 minutes), and going down to the station is not convenient as I have to be at work during the day. As such, I'm trying to have to talk to them only once. Not to mention, I'm sure repeatedly inquiring about it would not earn me any friends among whomever answers the department's phones. Thanks in advance for any advice.
Transferee permit statute
I applied for my permit at the beginning of the month and am still waiting. I have been told by my local PD that it will be an "unknown" amount of time. I presume this is a thinly veiled way of saying they won't issue the permit until the government returns to work and they complete the background checks. I have heard unsubstantiated anecdotes that some jurisdictions are issuing permits during the shut down, and at least two sheriffs are issuing permits to carry without being affected by the stoppage. The background check for that permit is the same check, however, the carry statute explicitly states that failure to respond to an application after 30 days constitutes an issuance. The transfer statute does not have language that strong. I should also note that the sheriff of my county has said that his office will delay processing carry permits until the return to work, effectively gambling that the shut down will end before those applications become de facto issuances.
Permit to carry statute, for reference
Essentially, I have been puzzling over whether to be insistent that the department issue my permit. It is not terribly uncommon, so I have been told, for permits to take longer than the statute allows. Which is, of course, illegal, though perhaps not in this case.
It might also be worth noting that the DHS checks have been ordered to continue by a judge, but processing of the checks is discretionary for anyone not needing one as part of their employment in a "critical core function" role.
Said order
I don't suppose any of you gentleman would have any insight, or better yet, personal experience? I have called with the intent of asking, but been put on hold for longer than I have to wait (in excess of 15 minutes), and going down to the station is not convenient as I have to be at work during the day. As such, I'm trying to have to talk to them only once. Not to mention, I'm sure repeatedly inquiring about it would not earn me any friends among whomever answers the department's phones. Thanks in advance for any advice.