What are the laws on obtaining and using a suppressor in Minnesota?

[usmarine0352_2005]

Gov. Dayton signed suppressor usage into Minnesota law today. I wanted to start a thread on obtaining and using a suppressor in Minnesota that is separate from the other thread on MN suppressors because it's a different legal subject.




I couldn't find the details so I'm asking here. Does anyone know:



1.) What you will need to do to purchase a suppressor in Minnesota?



2.) If you can use it for hunting and if so, what type?





I'd think that you can use a suppressor for hunting varmints but most likely not for duck or deer hunting.

 

[GarySTL]

I'm in Missouri and they recently changed their law to allow hunting with a suppressor.

Some states have game laws that are permissive, meaning that if they don't say you can do something, you can't do it.

Others are restrictive where they only tell you what you can't do.

If Minnesota's laws are permissive they'd need to change their law to allow suppressors for hunting.

 

[Rmeju]

I understand the mandated CLEO sign off didn't pass. I had heard that there were some ways around this (trust, and affidavit of CLEO refusal), although my knowledge is a bit dated. Maybe we could add a topic relating to what to do if you can't get a signature.

 

[climbnjump]

Someone with more legal experience than I will have to say for sure, but it looks to me that the bill that was signed* DID legalize the use of suppressors for hunting as the bill repealed Minnesota Statutes 2014, section 97B.031, subdivision 4 which used to read:

Silencers prohibited.

Except as provided in section 609.66, subdivision 1h, a person may not own or possess a silencer for a firearm or a firearm equipped to have a silencer attached.

(Minnesota Statutes 2014, section 97B.031 governs the USE AND POSSESSION OF FIREARMS under the department of Game and Fish.)

So it looks like there is no statute or law remaining which prohibits the use of suppressors for hunting.

However, I would guess that the MN Game and Fish folks might still be able to issue regulations regarding such use.

But like I said, this is only my "guess and opinion" until someone more knowledgeable chimes in.

* If you want to read it: https://www.revisor.mn.gov/bills/text.php?number=SF878&version=2&session=ls89&session_year=2015&session_number=0&format=pdf

 

[usmarine0352_2005]

I understand the mandated CLEO sign off didn't pass. I had heard that there were some ways around this (trust, and affidavit of CLEO refusal), although my knowledge is a bit dated. Maybe we could add a topic relating to what to do if you can't get a signature.

Can you explain this?

 

[climbnjump]

I understand the mandated CLEO sign off didn't pass.

Can you explain this?

Think of it in terms of CCW permit sign off - "Shall issue" vs "May issue".

The original version of the bill added a subdivision to Minnesota Statutes 2014, section 609.66 as follows:

If a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited by law from receiving or possessing the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the chief law enforcement officer is unable to make a certification as required by this section, the chief law enforcement officer must provide the applicant a written notification of the denial and the reason for the determination.

So that would have mandated CLEO sign off within 15 days of application, but this verbiage does not appear in the final version of the bill that was signed. (The definition of "firearm" in the above section includes suppressors.)

 

[usmarine0352_2005]

Thanks climbnjump.



So you will still have to do the NFA $200 stamp I am assuming?




I heard that takes about a year to get?

 

[climbnjump]

So you will still have to do the NFA $200 stamp I am assuming?

Yes, all Federal rules apply. The new law states that it is a felony to sell or have in possession a suppressor that is not lawfully possessed under federal law.

I'm not sure how long it takes to get the stamp at the moment. Perhaps someone who has recently gone through the process can answer that.

Also, I don't think the new MN law goes into effect until August 1, so it's a couple months out yet.

 

[larry_minn]

Wonder if person can start paperwork? It takes half a yr plus...

I don't have need but think I will get one anyway. Not sure if .223 (my understanding they will work great for .22lr as well) or 9mm.. Maybe .45acp?

 

[usmarine0352_2005]

A year and a 1/2 to get?


I'd like to do like you and get the process started now. lol.

 

[pjeski]

Form 4s are running under 4 months these days. You can't start the process before you buy the can.

A 5.56/.233 can should NOT be used with 22lr unless the mfg says so. Most are not able to be taken down for cleaning. 22lr really craps up a can.

 

[Ranb]

If the can is all steel and no aluminum, then it can be safely chemically clean or in an ultrasonic sink. A 223 can is rather heavy for use on any 22lr though.

Ranb

 

[akodo]

http://www.gocra.org/news/2015/05/new-suppressor-law-q-and-a-2/

Suppressors in Minnesota – Questions and Answers
By Andrew Rothman, on May 25th, 2015
Suppressor Q&AOn Friday, May 22, Minnesota Governor Mark Dayton signed Senate File 878 into law. Among many other provisions, the law legalizes the ownership of firearm sound suppressors, sometimes called “silencers,” by ordinary Minnesotans.
What has changed?

Prior to SF878, most Minnesotans were prohibited from possessing suppressors within the state. Effective July 1, the state ban will be lifted. Minnesotans will still need to meet all federal requirements.
When does the law take effect?

The prohibition on possessing suppressors is repealed as of July 1, 2015.
Will I be allowed to hunt with my suppressor?

Yes. SF878 repealed the prohibition on hunting with a suppressor, effective August 1, 2015. PLEASE NOTE THAT THIS IS ONE MONTH LATER THAN THE OWNERSHIP EFFECTIVE DATE!
Is there a limit to how many suppressors I can own?

You have to stop when you run out of money — that’s it!
Are you a fan of the new suppressor law? Support the group that made it happen with a donation or membership!
How do I get a suppressor?

There is a long and convoluted process required to comply with federal law: amazingly, suppressors are in the same class of “weapons” as machine guns! You can get a suppressor as an individual, or you can form a trust, and make the trust the owner of the suppressor, with you (and others) as trustees. (If you have a corporation, the corporation can also be the owner of the suppressor. Consult your attorney.)
Should I use an NFA trust?

A trust is a separate legal entity, like a corporation. Choosing to form a trust allows you to skip the photo, fingerprint, and chief law enforcement officer sign-off requirements that individuals must meet before getting a suppressor. This can be useful if you live in a municipality where law enforcement officials refuse to sign NFA paperwork for purely political reasons.
Getting a suppressor as an individual:

This is only an overview! There are a lot more details than we can describe in a blog post. Your suppressor dealer is the best resource to guide you through the process.
Go to a suppressor dealer and place your order .This may require a deposit, a down payment, or even a complete payment. .
Wait for the suppressor dealer to get the actual suppressor serial number .Unless your dealer has the suppressor you want in stock, the dealer has to go through her own federal paperwork process, and you can’t apply for your tax stamp until the actual suppressor you will own is set aside for you. This may take a month, or two, or three. .
Pick up your paperwork from the dealer .The dealer will give you two copies of an ATF Form 4 with the make, model and serial number of the suppressor already filled in. .
Fill out two copies of your Form 4 .This is your application for a federal tax stamp required to own a suppressor, which is regulated under the 1934 National Firearms Act. .
Get two passport-style photos .You can do this at many drugstores and copy centers. .
Get fingerprinted .Yes, you need to submit fingerprints to the federal government in order to be trusted with a hollow tube. Sorry. .
Get a Chief Law Enforcement Officer (CLEO) signature .A local chief law enforcement officer (your local police chief, sheriff, or county attorney, usually) must sign your Form 4 application, indicating that they are not aware of any legal impediment to your ownership of a suppressor, and that the fingerprints and photos are actually yours. .
Send the application, fingerprints, photos, and a $200 tax payment to the ATF .There, a small group of firearms examiners, running a backlog of several months, will eventually get to your application. .
Wait and wait and wait! .Processing is currently taking about four or five months, according to multiple sites that track submissions. This changes all the time, and there may be a surge of applications from Minnesota… .
Dealer receives your tax stamp .The ATF will eventually mail the dealer a copy of your paperwork, with your tax stamp affixed. .
Pick up your suppressor! .When your dealer notifies you that your paperwork has arrived, go pick up your suppressor! .
Keep your suppressor safely stored or in your physical possession .Under federal law, you need to maintain physical possession of your suppressor. That means that no one else but you has access to it, and that you keep it in your personal possession, or at the address on your application. When you take the suppressor with you, make sure that you have a copy of the registration paperwork with you to prove that you are in legal possession.
Getting a suppressor as a trust:

This is only an overview! There are a lot more details than we can describe in a blog post. Your suppressor dealer is the best resource to guide you through the process.
See a trust lawyer to create a trust It becomes the owner of the item(s) that you purchase. A good trust lawyer will make sure that the trust is properly and legally created. We recommend against using fill-in-the-blank trusts from non-attorneys. Two Minnesota gun trust lawyers have agreed to offer discounted rates to GOCRA members. They are: .
Kyle Pettersen-Scott Kyle Pettersen-Scott http://lawkps.com/ .
Ben RustBen Rust http://minnesotaguntrustlawyer.com/ .
Go to a suppressor dealer and place your order .This may require a deposit, a down payment, or even a complete payment. .
Wait for the suppressor dealer to get the actual suppressor serial number .Unless your dealer has the suppressor you want in stock, the dealer has to go through her own federal paperwork process, and you can’t apply for your tax stamp until the actual suppressor you will own is set aside for you. This may take a month, or two, or three. .
Pick up your paperwork from the dealer .The dealer will give you two copies of an ATF Form 4 with the make, model and serial number of the suppressor already filled in. .
Fill out two copies of your Form 4 .This is your application for a federal tax stamp required to own a suppressor, which is regulated under the 1934 National Firearms Act. .
Get two passport-style photos .You can do this at many drugstores and copy centers. .
Get fingerprinted .Yes, you need to submit fingerprints to the federal government in order to be trusted with a hollow tube. Sorry. .
Get a Chief Law Enforcement Officer signature . Your local police chief, sheriff, or county attorney must sign your Form 4 application, indicating that they are not aware of any legal impediment to your ownership of a suppressor, and that the fingerprints and photos are actually yours. .
Send the application, a copy of your trust, fingerprints, photos, and a $200 tax payment to the ATF .There, a small group of firearms examiners, running a backlog of several months, will eventually get to your application. .
Wait and wait and wait! Processing is currently taking about four or five months, according to multiple sites that track submissions. This changes all the time, and there may be a surge of applications from Minnesota… .
Receive your tax stamp .The ATF will eventually mail the dealer a copy of your paperwork, with your tax stamp affixed. .
Pick up your suppressor! .When your dealer notifies you that your paperwork has arrived, go pick up your suppressor! .
Keep your suppressor safely stored or in your physical possession .Under federal law, the suppressor needs to be in the physical possession of a trustee. That means that no one else but a trustee has access to it. When you or another trustee takes the suppressor with you, make sure you have a copy of the registration paperwork and trust paperwork, to prove that the trustee is in legal possession of the suppressor. .
Can I start the paperwork now?

Yes! We talked to the ATF, and they confirmed that even if you mailed in your paperwork today, it would almost certainly be later than July 1 before anyone actually looked at your eligibility. So, warm up those pens (and checkbooks)! Welcome to a quieter Minnesota!
DISCLAIMER: THIS IS NOT LEGAL ADVICE, but a general overview. You are responsible for ensuring that you have the correct information, and that you act in a legal manner. The ATF can (and does) change the rules and procedures at any time. Unlawful possession of a suppressor is punishable by 10 years in federal prison, so use caution