Minnesota Outdoorsman Classifieds and Gun Exchange
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Background Check When Seller Is Not a Licensed Dealer |
Additional Regulations on Private Gun Sales |
Minnesota |
Minn. Stat. § 624.7132, subd. 12(1): All sales of handguns and semiautomatic, assault-style rifles must be recorded with the local police department, which will conduct a background check (seller is criminally liable if the firearm is used within one year of the transfer in the commission of a violent felony, if that person was prohibited from owning such a weapon). No transaction record or background check required for private sales of non-assault-style rifles or shotguns. |
Minn. Stat. § 624.7141: Seller may not intentionally transfer a handgun or semiautomatic, assault-style rifle to someone who is ineligible to do so under state law; has been found to be ineligible by a sheriff or chief of police; or has been denied a permit to carry a weapon. |
RIFLES & SHOTGUNS | HANDGUNS | |
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Permit to Purchase |
No | Yes |
Registration of Firearms |
No | No |
Licensing of Owners |
No | No |
Permit to Carry |
No | Yes* |
* concealed and open carry The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. |
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STATE STATUS |
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Castle Doctrine |
No Law |
No-Net Loss |
No Legislation |
Right to Carry Confidentiality |
Provisions Enacted |
Right to Carry in Restaurants |
Legal |
Right To Carry Laws |
Shall Issue |
Right To Carry Reciprocity and Recognition |
Conditional Recognition |
Right to Keep & Bear Arms State Constitutional Provisions |
No Provisions |
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.
A person without a transferee permit or carry permit must utilize a transfer report(Bill Of Sale) in order to purchase a handgun or semiautomatic military-style assault weapon. The transfer report contains the identification information and statement attesting qualification as required in the transferee permit, and must be signed by the transferor and the proposed recipient. The transferor must deliver the report to the police chief or sheriff no later than three (3) days after the date of the agreement to transfer, excluding weekends and legal holidays. No fee is charged for the transfer report.
Upon receipt of a transfer report, the police chief or sheriff investigates the potential recipient. A handgun or assault weapon cannot be delivered until five (5) days after the agreement to transfer is delivered to the police chief sheriff. The police may waive all or part of the seven (7) day waiting period. At the end of five (5) days, the handgun or assault weapon may be transferred if the transferor hears nothing unfavorable from the police. There is no restriction on the number of handguns or assault weapons a person may acquire as part of a single transfer report.
Once a police determination has been made that a handgun or assault weapon recipient is not prohibited from possessing a handgun or assault weapon, the recipient may, within 30 days after the determination, apply to the police chief or sheriff for a handgun or assault weapon transferee permit, and the permit shall be issued.
A person transferring a handgun or assault weapon to a person exhibiting a transferee permit or carry permit is not required to file a handgun or assault weapon transfer report.
After a determination has been made that the person receiving a handgun or assault weapon is not precluded from possessing one, the person may request that no record be kept of the fact that he is the recipient of a handgun or assault weapon. The police chief or sheriff shall sign the transfer report and return it to the person receiving the handgun or assault weapon. Thereafter, no government employee or agency shall maintain a record of the transfer that identifies the person who received the handgun or assault weapon.
The requirements of a transferee permit, permit to carry, or report of transfer and a seven (7) day waiting period do not apply to transfers between federally licensed firearm dealers or transfers of antique firearms acquired as curiosities or for their historical significance or value.
No person shall transfer a handgun or assault weapon to another who is not personally known to the transferor unless the proposed recipient presents evidence of his identity.
Each firearm dealer shall display a warning in block letters stating, “IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS.”
Antiques and Replicas
Antique firearm means any firearm, including any handgun, with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured before 1899 and any replica of any firearm described therein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or centerfire ammunition or uses conventional rimfire or centerfire ammunition which is not readily available in the ordinary channels of commercial trade. |
Carrying
A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. M.S.A. § 624.714 Minnesota only honors Idaho and South Dakota Enhanced Carry Permits. Any person carrying a loaded BB gun, rifle, or shotgun on or about their person, not expressly to or from the place where the firearms are bought, sold, traded, displayed, or where hunting, target shooting, or other lawful activity occurs, is guilty of a gross misdemeanor unless the person has a permit under section §624.714. It is unlawful for a person authorized to carry a firearm under the provisions of a permit in a location a person knows to be school property. However, a person may keep or store a firearm in a motor vehicle in accordance with state law, participate in lawful gun safety or marksmanship courses or activities, gun shows, ceremonial color guard, or with the school principal’s written permission, on school grounds. Generally, a permit to carry is not required of a person
The application fee shall not exceed $100. Applications must be submitted in person. A permit shall be issued or denied within 30 days of application. Applicants must be 21 or older, be citizen of the United States or a permanent resident, not fall into any of the disqualifying factors listed above under POSSESSION and demonstrate evidence of firearms safety training. A basic firearms training course offered by a certified instructor must include:
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Definitions
1. A handgun includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle. BB guns of .18 caliber or less are exempt. 2. Semiautomatic military-style assault weapon means Avtomat Kalashnikov (AK47), Beretta AR-70 and BM-59, Colt AR-15, Daewoo Max-1 and Max-2, Famas MAS, Fabrique Nationale FN-LAR and FN-FNC, Galil, Heckler & Koch HK 91, HK-93 & HK-94, Sigarms SIG 550SP & 551SP, SKS with detachable magazine, Steyr AUG, and Valmet M76 & M78; Intratec TEC-9 handgun type; Ingram MAC-10 and MAC-11 and Uzi handgun and carbine types; Street Sweeper & Striker-12 revolving cylinder shotgun types and USAS12 semiautomatic shotgun type; another model or version of the listed firearms by the same manufacturer or under a license to another manufacturer or seller. The superintendent of the bureau of criminal apprehension shall annually publish a list of firearms included in the definition of semiautomatic military-style assault weapon. |
Machine Guns
A machine gun is any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.
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Miscellaneous
A person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the persons knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child. It shall be unlawful to take any wild animal by means of discharging any firearm from a motor vehicle. A special permit may be acquired, without a fee, to discharge a firearm or bow and arrow from a stationary motor vehicle to a person who has a permanent physical disability. Game wardens may confiscate firearms used in unlawful hunting. |
Possession
No state permit is required to possess a rifle, shotgun, or handgun. The following persons may not possess a handgun or “semiautomatic military style assault weapon,” or any other firearm:
It is unlawful to furnish a child under the age of 14 a firearm or airgun of any kind, or any ammunition or explosive without the parent or guardian’s permission. It is also unlawful for such child to handle or use a firearm or airgun of any kind or any kind of ammunition or explosive outside of a parent or guardian’s presence without permission. These prohibitions apply in any municipality of this state unless written consent of a parent or guardian or of the police department or magistrate of such municipality is obtained first. A nonresident alien may not possess a firearm except to take game as a nonresident under the game laws. It is unlawful to possess, store, or keep a deadly weapon, BB gun or, or replica firearm on school property or a school bus. |
Preemption
All regulation of firearms and ammunition is reserved to the state legislature. Local governments may regulate discharge. The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:(a) a governmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void. MINN. STAT. ANN. § 471.633 |