Waiting Period - Minnesota, since when??

[average_shooter]

Reading through this thread on Kentucky, I noticed in post #31 the text of the new Kentucky Bill references other states that have enacted "waiting periods," including Minnesota.

Since when does MN have a waiting period and for what firearms? Also, did they kill private sales over the summer? (if the answers are obvious, yes, I've been living under a rock for a while, unfortunately).

I found the referenced MN statute:
MN 624.7132 Report of Transfer
and it is listed under 2013 statutes. I'm just not sure I'm interpreting it correctly.

This all seems new to me, and I'm not sure how I missed such legislation being passed. Can someone shed some light on this?

 

[Midwest]

It says here that there is a 7 day waiting period for handguns and "semiautomatic military-style assault weapons" in Minnesota.

http://www.nraila.org/gun-laws/state-laws/minnesota.aspx


"A handgun or semiautomatic military-style assault weapon may be sold by a dealer to a person who presents a handgun transferee permit or carry permit, or to a person who has undergone a seven (7) day waiting period where a transfer report has been filed.

A transferee permit may be obtained at no cost from the police chief of a municipality or the county sheriff. The information requested consists of name, residence, telephone number, driver’s license number or non-qualification certificate number, sex, date of birth, height, weight, eye color, and a statement attesting that the transferee does not fall into any of the disqualifying categories listed under POSSESSION.

The police chief or sheriff investigates the applicant and must issue or deny the transferee permit within seven (7) days. The only basis for a denial is if the applicant falls into any of the disqualifying categories listed under POSSESSION. A transferee permit is good statewide for one year to purchase one or more handguns either at one time or at intervals throughout the year."


It appears (based on the above) that the so called waiting period is for the permit. Once that is approved, than there is no more waiting period until the permit expires. Then I guess it is another 7 days waiting for the new permit for next year.

 

[average_shooter]

Yeah, that's the way it's been in the past. However in my admittedly quick perusal of 624.7132 it seems not to mention the "Handgun Purchase Permit," just the waiting period. I'm familiar with the purchase permit requirement, but in the past once the permit was in hand it was good for a year and there were no further waiting periods, regardless of number or type of firearms purchased (e.g. the day you got your purchase permit you could go buy whatever you desired and walk out of the store with it).

And there's still the second question; it seems to read that private transfers are now no longer private and require formal written notification to the local CLEO. I can't tell if that is only directed at FFLs, but it appears to be directed at all handgun transfers.

So I'm still confused...

 

[akodo]

In MN you have the following options

Purchase handgun or "scary" rifle from an FFL

#1 - show your valid MN CCW (which you had to take a class for, pay $100 for, wait up to 30 days for the initial check, and every year they re-check your eligibility) and get your gun immediately. While this is expensive, if you are denied the permit to carry, you can appeal and if your appeal wins the police have to foot your legal bill. You also get to skip the NICS check.


#2 - show your valid Permit to Purchase. Once a year you go through a background check and within 7 days the CLEO gives you a permit. There is no reason a CLEO couldn't give you one IMMEDIATELY but most guys take the full 7 days. By law they cannot have their own additional requirements, and must give you a yes or a letter stating refusal at the 7 day point BUT there is no teeth if they just don't do it. In theory you could take them to court and force them to, but that is far from cheap. Note you must still go through NICS check even after showing your permit to purchase.

#3 In absence of a permit, the FFL can follow the rule below AND can charge for it, but most of them just don't do it.

Purchase/Gift handgun or "scary" rifle from a private individual

#1 Bring to the police the names, gender height, phone number, and identifying info (driver's license number) of BOTH parties. Permission to allow police to dig into medical records. Signed and dated by BOTH parties. You must then wait 5 BUSINESS days for the CLEO to get word back that the recipient is barred and the delivery cannot happen. The law actually calls it a 7 day waiting period then goes about mentioning 5 BUSINESS days. If you don't hear anything, and you wait the 5 business days, you can complete the transfer.

P.S. CLEO can waive all or part of the waiting period if the recipient of the gun, or the family of the recipient is under some sort of imminent threat.

P.S.S Within 30 days of doing the above, you can apply for a permit to purchase and get it right away.

Now, in all actuality I think if you brought in this info and gave it to the police saying you were doing a private party transfer, they'd have no idea what was going on. I suspect that noone actually does the above. Of course by MN law all Glocks, well actually all polymer guns, are illegal becaue they are 'saturday night specials' because of their melting point.


#2 Show the non FFL your purchase permit and you don't need to do the transfer report

#3 show the non FFL your CCW and you don't need to do the transfer report

 

[akodo]

Yeah, that's the way it's been in the past. However in my admittedly quick perusal of 624.7132 it seems not to mention the "Handgun Purchase Permit," just the waiting period. I'm familiar with the purchase permit requirement, but in the past once the permit was in hand it was good for a year and there were no further waiting periods, regardless of number or type of firearms purchased (e.g. the day you got your purchase permit you could go buy whatever you desired and walk out of the store with it).

And there's still the second question; it seems to read that private transfers are now no longer private and require formal written notification to the local CLEO. I can't tell if that is only directed at FFLs, but it appears to be directed at all handgun transfers.

So I'm still confused...

the answer to your question is not in section .7132 but in .7131

Subd. 10.Transfer report not required. A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.

So no waiting period if you have the permit, because the MN waiting period isn't really a "cooling down" period but a time allotted to the police to check if the recipient can legally own guns.

 

[45ACPUSER]

Boy such great information

#1 - show your valid MN CCW (which you had to take a class for, pay $100 for, wait up to 30 days for the initial check, and every year they re-check your eligibility) and get your gun immediately. While this is expensive, if you are denied the permit to carry, you can appeal and if your appeal wins the police have to foot your legal bill. You also get to skip the NICS check

The CORRECT TERM in MN is Permit to Carry
And neither a PERMIT TO PURCHASE nor a PERMIT TO CARRY in MN exempt a permit holder from NICS CHECK when buying from a FFL HOLDER in MN.....

But of course this is the internet SO IT HAS TO BE TRUE... NOT

 

[rule303]

Yes, MN still has the waiting period on the books. It is waived with a permit to purchase (which is redundant with NICS anyway),or permit to carry. I have had exactly one customer ask me to do a transfer that way, but I sent him to the Sheriffs office to get a permit since nobody seemed to know how to handle the "report of transfer".

 

[average_shooter]

Thanks for the replies. I was concerned that there was some new law that got passed while I was working out of state this summer.

 

[tepin]

I bought 2 Glocks last month in MN and I know for a fact all you need is P2C or P2P and you are good to go.

 

[Madcap_Magician]

The CORRECT TERM in MN is Permit to Carry
And neither a PERMIT TO PURCHASE nor a PERMIT TO CARRY in MN exempt a permit holder from NICS CHECK when buying from a FFL HOLDER in MN.....

But of course this is the internet SO IT HAS TO BE TRUE... NOT

Relax... breathe with me... in... out... let your inner rage flow out and dissipate into the air around you...

Everyone here knows what he means. CCW is a common catch-all term, and failing to call a MN permit to carry a permit to carry instead of a CCW permit doesn't even rise to the offense level of clip vs. magazine.

 

[akodo]

Relax... breathe with me... in... out... let your inner rage flow out and dissipate into the air around you...

Everyone here knows what he means. CCW is a common catch-all term, and failing to call a MN permit to carry a permit to carry instead of a CCW permit doesn't even rise to the offense level of clip vs. magazine.

Exactly. I thought about explaining the difference that got the other poster excited, but I figured why side-track from the original question.

To me getting excited when someone in MN uses CCW instead of 'personal protection permit' when discussing things in a general sense, that's like getting mad when someone says 'hey, you have your own car right, you can driver yourself, right?' to which the other individual responds 'I do not have a CAR, I have a VAN'

regarding the need to run an NICS check, it appears that while many states a CCW means a NICS isn't needed, in MN it does.

http://www.atf.gov/firearms/brady-law/permit-chart.html

does anyone know what the law states as far as why some permits are good for skipping and others are not?