Can I buy a handgun in MN?

Discussion in 'Legal and Activism' started by nsaasset, Jun 23, 2011.

  1. nsaasset

    nsaasset New Member

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    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!
     
  2. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

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

  3. Richard47

    Richard47 New Member

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    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.
     
  4. nsaasset

    nsaasset New Member

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    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?
     
  5. Sonnypie

    Sonnypie New Member

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    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.
     
  6. Richard47

    Richard47 New Member

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    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.
     
  7. SoupNazi

    SoupNazi New Member

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    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...
     
  8. Sniper03

    Sniper03 Supporting Member Supporter

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    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
     
  9. Richard47

    Richard47 New Member

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    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:
     
  10. nsaasset

    nsaasset New Member

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    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
     
  11. nsaasset

    nsaasset New Member

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    Also, I was under the impression that the waiting period to purchase a handgun was restricted to the 7-day processing of the permit, not the purchase itself. Clarify?
     
  12. Richard47

    Richard47 New Member

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    Your Minnesota Permit to Purchase is good for a year.

    The gun store will take your money and put the gun on the shelf and have you return after the waiting period for a Permit to Purchase.

    If you have a Carry Permit, which is issued by the Sheriff instead of the Police Chief, there is NO Permit to Purchase, and No waiting period. AND you get/habve to take a fun class and they'll teach you this stuff.

    Note the nice police officer said "It's basically his call." on the Permit to Purchase. Yeah, basically.

    With the Permit to Carry it NOT that way. If you meet the exact qualifications, the Sheriff is REQUIRED to issue the Carry Permit, or else the District Court will issue it and the Sheriff will have to pay your attorney fees. And the Permit to Carry is ALSO a Permit to Purchase Without a waiting period! (This is all Minnesota law which works for Minnesotans.).

    In Minnesota, a real gunnie has a Carry Permit. And then no worries about arbitrary police officers.
     
  13. Sonnypie

    Sonnypie New Member

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    That's what I really liked about Wyoming... (lived there 7 years)
    You could go in, buy a firearm and ammo, and walk out.
    Then shoot the ba$tard in your car that pissed you off. :eek:
    No questions asked.

    The liquor stores had drive up windows as well.

    It was like going through a time warp when we moved there in the 1970's.

    It was not called "The Cowboy State" because of cows. Cows had to be kept in heated barns. :(
    9 months of winter.
     
  14. nsaasset

    nsaasset New Member

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    Richard, I'm getting my permit to purchase thru the local PD, not my FFL, I haven't even tried to make a firearm sale yet. My question about waiting periods was once the police give me my purchase permit, will I have to wait an additional seven days to leave with the firearm, or do I get it on the same visit, provided I clear his NICS check?
     
  15. knfxda

    knfxda New Member

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    Summary - MN House of Representatives

    From above (emphasis mine):
     
  16. Richard47

    Richard47 New Member

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    Well, you get a Permit to Purchase through your local police depaartment, as you said. In you get a Permit to Carry you would not even need the first permit. (Permit to Carry is issued by your SHERIFF, not the Police. An FFL is a Federal Firearms License, that's through ATF, and it makes you a dealer.

    And YES, in Minnesota, if you are buying on a Permit to Purchase, you then buy your gun, after you pass the NICS check, and then WAIT the 7 days to pick it up!

    You must

    1) Apply for Permit to Purchase, 2) WAIT for the Permit to be issued and delivered to you. 3) Select your gun at a dealer. It's good for a year. 4) Pass the NICS check 6) Pay the man. 7) WAIT 7 days. 8) Pick up your gun.

    OR

    1) get a CARRY Permit 2) Go to dealer, select gun, pass NICS check, pay the man, take ytou gun home. You can then go to another gunstore and pass NICS check and get more guns as often as you like, for the next 5 years, then renew the carry Permit.

    The second method is what I do, it's easier for me.

    Having a State background check, and a wait, then a Federal background check, and a wait, is not logical, but it's what happens when the legislatures occasionally enact some kneejerk proposal on any given afternnon. Live with it or change it I guess.:rolleyes:
     
  17. knfxda

    knfxda New Member

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    Just realized my google-fu was not good. Link above is for a bill that I do not know whether it has passed or not. In either case it seems to have a target date of Aug '11, so even if it is passed, it's still in the future.

    Ignore my post and go with Richard.
     
  18. Richard47

    Richard47 New Member

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    Yeah we tried to get rid of the duplicate background checks, it but the bill didn't pass this session. Supposedly, we are trying to reduce the cost of government, but the antis oppose everything, and never give a logical reason. This would not have changed anything, it would have reduced expenses and useless paperwork for police departments.:confused:

    They really can't/don't even discuss/oppose/negotiate logically; it seems that anything that will make life more complicated for gun useres and gun dealers is their position.

    It would be nice if these resources were used to work on violence generally, instead of just targeting people who obey gun laws and other laws anyway.
     
  19. nsaasset

    nsaasset New Member

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    Richard, I got the permit. And I went into an FFL nearby and asked him about a wait. He said that if I have a permit, all he does is run a NICS check. The NICS check will either say "okay" or "delay 3 days" at this point.
     
  20. Richard47

    Richard47 New Member

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    After teh NICS check is successful, they'll look at your Permit. If it's a CARRY Permit, you take the gun home. If its a PURCHASE Permit, you take the gun home 7 days later. At least, that's what the law is. Your milage may vary. Let us know.