Firearm & Gun Forum - FireArmsTalk.com

Firearm & Gun Forum - FireArmsTalk.com (http://www.firearmstalk.com/forums/)
-   Legal and Activism (http://www.firearmstalk.com/forums/f97/)
-   -   Can I buy a handgun in MN? (http://www.firearmstalk.com/forums/f97/can-i-buy-handgun-mn-44250/)

nsaasset 06-23-2011 01:07 PM

Can I buy a handgun in MN?
 
Earlier this week, I applied for a permit to purchase a handgun in Minnesota. Details about me:
I am 21 years of age. Nothing on my criminal record, aside from a few traffic convictions. When I was 16, I had a 5th-degree assault charge, but that was dismissed after a 6-month probation of no-same-or-similar-offenses. Later, when I still 16, I went to treatment at my mother's request (NOT court-ordered, we went in at our own choice) for "weed addiction" according to her. I completed treatment and moved on.

I also have a mental health history; when I was 15, I was hospitalized for depression. Once again, this was not court-ordered, and I was still a minor, and I was there for 10 days.

My question is this: are the above-mentioned things going to result in my permit application being denied? There is nothing on my immediate criminal record that would indicate an ineligibility, and the only grey areas exist once you start digging.

Thanks!

ScottA 06-23-2011 01:24 PM

You're asking for a specific legal opinion on the internet. That's not really recommended. Do you know an attorney you can call?

Richard47 06-23-2011 01:37 PM

The answer is Yes. Apply for a Permit to Purchase, or better, take a class and get a Permit to Carry a Pistol.

If for some reason you are denied, do contact an attorney. These are uncommon qusetions for attorneys, most will not be able to give you a definitive answer unless they are one of the few who handle this klind of appeal on a regular basis.

If you are denied, post it and we'll help you find an atorney to assist you. But on the facts you've given, you are eligable and have teh right to buy a pistol.

nsaasset 06-23-2011 01:45 PM

Quote:

Originally Posted by Richard47 (Post 528056)
The answer is Yes. Apply for a Permit to Purchase, or better, take a class and get a Permit to Carry a Pistol.

If for some reason you are denied, do contact an attorney. These are uncommon qusetions for attorneys, most will not be able to give you a definitive answer unless they are one of the few who handle this klind of appeal on a regular basis.

If you are denied, post it and we'll help you find an atorney to assist you. But on the facts you've given, you are eligable and have teh right to buy a pistol.

I don't mean to cast doubt on your opinion, but how sure are you? I am very anxious to get started with being a gun owner. I plan on getting a PTC eventually.

Also, my state has a 3-to-7-day waiting period regarding the permit to purchase. I read that my state (and others) will mail the permit out at the end of the 7th day to appear in accordance with the law, but I offered to pick the permit up from the station, rather than wait for it to be mailed (which they were ok with), so should I expect a response sooner than next Monday?

Sonnypie 06-23-2011 03:18 PM

If you act anxious, you might raise suspicions.
How about being patient and sitting it out?
In the meantime, start shopping the manufacturers and the web for what you would like to have. Helps pass the time. :)
Join the National Rifle Association.

Richard47 06-23-2011 07:02 PM

Quote:

Originally Posted by nsaasset (Post 528060)
I don't mean to cast doubt on your opinion, but how sure are you? I am very anxious to get started with being a gun owner. I plan on getting a PTC eventually.

Also, my state has a 3-to-7-day waiting period regarding the permit to purchase. I read that my state (and others) will mail the permit out at the end of the 7th day to appear in accordance with the law, but I offered to pick the permit up from the station, rather than wait for it to be mailed (which they were ok with), so should I expect a response sooner than next Monday?

Well, I'm pretty sure. It only takes a couple of minutes to run a computer check, if it's Ramsey County they may or may not check local records but if you are not a Prohibited Person, (Felon, subject to a domestic abuse order or mentally ill) you should get a PTP.)

So have you actually applied for the PTP?

The advantage of the Permit to Carry is that you take a class and a good instructor will teach you all this legal stuff.

SoupNazi 06-23-2011 08:25 PM

Wow - I'm glad I don't live in MN. I want to buy a pistol. I go to the store - pick it out. Then I merely fill out a short form. They "call it in" to whom I don't actually know. An extremely short time later i'm out the door (i'm guessing they call an automated system).

This is in Ohio btw...

Sniper03 06-23-2011 09:54 PM

nsa,

Something to think about. I would recomend you find an attorney who could at least do a search of your records. The reason I am thinking this, is you are probably OK. However you may have to fill out a form for the permit or make a statement. If you commit perjury on any of those questions and a record shows up. You probably have cooked your goose so to speak with ever getting a permit. But if it were me, I would have my record checked by whatever means to assure there is nothing on it that would prevent me from getting the permit. And from them coming back on you later, revoking your license or worse the issue of perjury on the document or statements. However, it is your call only my thoughts!

03

Richard47 06-23-2011 11:34 PM

Quote:

Originally Posted by SoupNazi (Post 528204)
Wow - I'm glad I don't live in MN. I want to buy a pistol. I go to the store - pick it out. Then I merely fill out a short form. They "call it in" to whom I don't actually know. An extremely short time later i'm out the door (i'm guessing they call an automated system).

This is in Ohio btw...

Minnesota has their "own" "special" background check for buyers of pistols and certain rifles that look scary to the legislators. Then they also have a 7 day "waiting period", you can't pick up the gun until 7 days after you buy it. The gun dealer does another NICS check. We tried to dump it this year because it is duplicative but no luck. The way to go in MN is just to get a carry permit, then this stuff does not apply to you. As permit laws go, our is pretty good. For carry permits, the Sheriff has virtually no discretion. and if you are wrongfully denied, it will be granted by District Court and the Shriff has to pay your attorney fees!
Of course, as with anything, folks who've never done it before will want to make up their own complicated way to do this stuff.:rolleyes:

nsaasset 06-24-2011 05:40 AM

Quote:

Originally Posted by Richard47 (Post 528288)
Minnesota has their "own" "special" background check for buyers of pistols and certain rifles that look scary to the legislators. Then they also have a 7 day "waiting period", you can't pick up the gun until 7 days after you buy it. The gun dealer does another NICS check. We tried to dump it this year because it is duplicative but no luck. The way to go in MN is just to get a carry permit, then this stuff does not apply to you. As permit laws go, our is pretty good. For carry permits, the Sheriff has virtually no discretion. and if you are wrongfully denied, it will be granted by District Court and the Shriff has to pay your attorney fees!
Of course, as with anything, folks who've never done it before will want to make up their own complicated way to do this stuff.:rolleyes:

I spoke to the police officer in my area in charge of issuing/denying purchase permits. He pulled up my application and my record, and he said since the call is ultimately up to him, he didn't see anything suspect or disqualifying. He told me he'll finish processing it today, then send it back to the appropiate clerk, and to expect a response midweek next week. :D


All times are GMT. The time now is 09:42 AM.

Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.