MN gun laws

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NRA / ILAFirearms Lawsfor

AsynopsisofstAtelAwsonpurchAse,

possessionAndcArryingoffireArms.

Compiled by:

NRA-Institute for Legislative Action11250 Waples Mill RoadFairfax, Virginia 22030

(800) 392-8683www.nraila.org

Minnesota(As o July 2005)

QUICK REFERENCE CHART

Ries andShotguns Handguns

Permit to Purchase No YesRegistration o Firearms No NoLicensing o Owners No NoPermit to Carry No Yes**concealed

PREEMPTION

State law supersedes municipal or county regulation ofrearms.

PURCHASE

A handgun or semiautomatic military-style assaultweapon may be sold by a dealer to a person who presents ahandgun transeree permit or carry permit, or to a personwho has undergone a seven (7) day waiting period wherea transer report has been fled.

A transeree permit may be obtained at no costrom the police chie o a municipality or the countysheri. The inormation requested consists o name,residence, telephone number, drivers license number ornon-qualifcation certifcate number, sex, date o birth,

height, weight, eye color, and a statement attesting thatthe transeree does not all into any o the disqualiyingcategories listed under POSSESSION.

The police chie or sheri investigates the applicantand must issue or deny the transeree permit within seven(7) days. The only basis or a denial is i the applicantalls into any o the disqualiying categories listed underPOSSESSION. A transeree permit is good statewide orone year to purchase one or more handguns either at onetime or at intervals throughout the year.

A person without a transeree permit or carry permit

must utilize a transer report in order to purchasea handgun or semiautomatic military-style assaultweapon. The transer report contains the identifcationinormation and statement attesting qualifcation as

required in the transeree permit, and must be signed bythe transeror and the proposed recipient. The transeromust deliver the report to the police chie or sheri nolater than three (3) days ater the date o the agreementto transer, excluding weekends and legal holidays. Noee is charged or the transer report. Upon receipt o atranser report, the police chie or sheri investigates thepotential recipient. A handgun or assault weapon cannobe delivered until fve (5) days until ater the agreementto transer is delivered to the police chie sheri. Thepolice may waive all or part o the seven (7) day waitingperiod. At the end o fve (5) days, the handgun or assaul

weapon may be transerred i the transeror hears nothingunavorable rom the police. There is no restriction onthe number o handguns or assault weapons a person mayacquire as part o a single transer report.

Once a police determination has been made that ahandgun or assault weapon recipient is not prohibitedrom possessing a handgun or assault weapon, the recipientmay, within 30 days ater the determination, apply to thepolice chie or sheri or a handgun or assault weapontranseree permit, and the permit shall be issued.

A person transerring a handgun or assault weapon toa person exhibiting a transeree permit or carry permit is

not required to fle a handgun or assault weapon transerreport.

Ater a determination has been made that the personreceiving a handgun or assault weapon is not precludedrom possessing one, the person may request that norecord be kept o the act that he is the recipient o ahandgun or assault weapon. The police chie or sherishall sign the transer report and return it to the personreceiving the handgun or assault weapon. Thereater, nogovernment employee or agency shall maintain a recordo the transer that identifes the person who received the


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handgun or assault weapon.The requirements o a transeree permit, permit to

carry, or report o transer and a seven (7) day waitingperiod do not apply to transers between ederally licensedfrearm dealers or transers o antique frearms acquired ascuriosities or or their historical signifcance or value.

No person shall transer a handgun or assault weaponto another who is not personally known to the transerorunless the proposed recipient presents evidence o hisidentity.Each frearm dealer shall display a warning in block lettersstating, IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CANOBTAIN ACCESS.

POSSESSION

No state permit is required to possess a rie, shotgun,or handgun. The ollowing persons may not possess ahandgun or semiautomatic military style assault weapon,

or any other frearm:

Any person under 18, unless there are in the actualpresence o or under the direct supervision o his parentor guardian; or purpose o a military drill; or purpose oa supervised instruction, competition or target practiceon a police approved fring range; or i the person hascompleted a course on handgun or semiautomaticmilitary-style assault weapon marksmanship and saetyapproved by the Commissioner o Natural Resources. A person who has been convicted o, or adjudicateddelinquent or convicted as an extended jurisdiction

juvenile or committing, in this state or elsewhere, a crimeo violence. A person who has ever been confned or committedas mentally ill, mentally retarded or mentally ill anddangerous to the public, to a treatment acility, or who hasever been ound incompetent to stand trial or ound notguilty by reason o insanity, unless he possesses a doctorscertifcate or other satisactory proo that he is no longersuering rom this disability. A person convicted o a misdemeanor or grossmisdemeanor drug violation or who is or ever has beenhospitalized or committed or treatment or the habitual

use o a controlled substance, unless possessing a doctorscertifcate or other satisactory proo that he has not abuseda controlled substance during the previous 2 years. A person who has been confned or committed toa treatment acility as chemically dependant, unless theperson has completed treatment. A peace ofcer who is inormally admitted to atreatment acility or chemical dependency, unless theofcer has a certifcate rom the head o the treatmentacility discharging the ofcer rom the treatment acility. A person who has been charged with committing

a crime o violence and has been placed in a pretriadiversion program by the court beore disposition, untilthe person has completed the diversion program and thecharge has been dismissed. A person who is a prohibited under ederal law. A person who has been convicted o assault in thefth degree against a amily or household member, i theconviction was within three years o an earlier convictiono assault, cannot possess a handgun until three yearshas passed since the last conviction with no urtherviolations. A person who has been convicted in this state oelsewhere o assaulting a amily or household memberand who was ound by the court to have used a frearm inany way during commission o the assault. A person who has been convicted in this state oelsewhere o a gross misdemeanor involving crimesbenefting a gang, assaults motivated by bias, alseimprisonment, neglect or endangerment o a childburglary, setting a spring gun, riot, or harassment and

stalking, within the proceeding three years. A person who: Has been convicted in any court o a crime punishableby imprisonment or a term exceeding one (1) year; Is a ugitive rom justice; Is an unlawul user o any controlled substance; Has been judicially committed to a treatment acilityin Minnesota or elsewhere as a person who is mentally illmentally retarded, or mentally ill and dangerous to thepublic; Is an alien who is illegally or unlawully in the UnitedStates

Has been discharged rom the armed orces o theUnited States under dishonorable conditions; or Has renounced the persons citizenship having been acitizen o the United States.

It is unlawul to urnish a child under the age o 14a frearm or airgun o any kind, or any ammunition orexplosive without the parent or guardians permission. Itis also unlawul or such child to handle or use a frearmor airgun o any kind or any kind o ammunition orexplosive outside o a parent or guardians presence without permission. These prohibitions apply in an

municipality o this state unless written consent o a parentor guardian or o the police department or magistrate osuch municipality is obtained frst.

A nonresident alien may not possess a frearm exceptto take game as a nonresident under the game laws.

It is unlawul to possess, store, or keep a deadlyweapon, BB gun or, or replica frearm on school propertyor a school bus.


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CARRYING

Any person carrying a loaded BB gun, rie, orshotgun on or about their person, not expressly to or romthe place where the frearms are bought, sold, traded,displayed, or where hunting, target shooting, or otherlawul activity occurs, is guilty o a gross misdemeanor.It is also a misdemeanor to carry a handgun on or abouttheir person while under the inuence o alcohol or anycontrolled substance.

It is unlawul or a person authorized to carry a frearmunder the provisions o a permit in a location a personknows to be school property. However, a person may keepor store a frearm in a motor vehicle in accordance withstate law, participate in lawul gun saety or marksmanshipcourses or activities, gun shows, ceremonial color guard,or with the school principals written permission, onschool grounds.

Generally, a concealed carry permit is not required oa person:

To keep or carry a handgun about the persons place obusiness, dwelling, house, premises, or on land possessedby the person. To keep or carry rom a place o purchase to hisdwelling, house or place o business, or rom his dwelling,house or place o business to or rom a place where repairis done to have the handgun repaired. To carry a handgun between his dwelling house andhis place o business.

To carry in the woods or felds or upon the waters orhunting or target shooting in a sae area. To transport in a motor vehicle, snowmobile or boati the frearm is unloaded and in a closed and astenedcase, gun box or securely tied package. To carry on guard duty or otherwise engaged in anassigned duty while on guard at an adult correctionalinstitution.

Application or a permit to carry concealed bya Minnesota resident is made to the local Sheri.Nonresidents may apply to any Sheri. Application is

made on a statewide standardized orm. The applicationmust include applicants name, residence, telephonenumber, drivers license number or state identifcationnumber, physical characteristics, date o birth and a listo the applicants past ten (10) year residency history.Applications include an authorization or the release oinormation rom the Commissioner o Human Servicesregarding any commitment history o the applicant.

The application ee shall not exceed $100. Applicationsmust be submitted in person. A permit shall be issued ordenied within 30 days o application. Applicants must be

21 or older, be citizen o the United States or a permanentresident, not all into any o the disqualiying actors listedabove under POSSESSION and demonstrate evidence ofrearms saety training. A basic frearms training courseoered by a certifed instructor must include:

Instruction in the undamentals o handgun use. Successul completion o an actual shootingqualifcation exercise. Instruction in the undamental legal aspects ohandgun possession, carry and use including sel-deenseand the restrictions on the use o deadly orce.

Certifed instructors include any person who is certifedin the past fve years by an organization or governmententity that has been approved by the Department o PublicSaety in accordance with the departments standards.

Concealed carry is prohibited in certain locationsThese include:

All school properties, which are defned as publicprivate, elementary, middle or secondary school buildingor grounds, including properties under the temporaryexclusive control o a school. Any licensed childcare center during a time whenchildren are present. Any private property where the owner or operator hasposted a notice which reads, (the owners name) BANSGUNS IN THESE PREMISES. Any other location prohibited by ederal or state law.

Upon the request o a peace ofcer, a permit holdermust disclose to the ofcer whether or not the permitholder is currently carrying a frearm.The frearm carrying restrictions do not apply to antiquefrearms carried or possessed as curiosities or or theirhistorical signifcance or value. Except or handgunscarried pursuant to a carrying permit, ries and shotgunstransported in a motor vehicle, airplane, or snowmobilemust be unloaded in both barrel and magazine and casedunloaded in a car trunk or the rearmost location o thevehicle.

Except when engaged in lawul hunting or when

at a target range operating under a permit rom theDepartment o Natural Resources, it is unlawul to bein possession o a rie or shotgun outdoors unless it isunloaded and either cased or broken down.

ANTlQUES AND REPLICAS

Antique frearm means any frearm, including anyhandgun, with a matchlock, intlock, percussion cap, orsimilar type o ignition system manuactured beore 1899and any replica o any frearm described therein i such


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CAUTION: Firearm laws are subject to requent change and court interpretation. This summary is not intended as legal advice orrestatement o law. This summary does not include ederal or local laws, ordinances or regulations. For any particular situation, alicensed local attorney must be consulted or an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL

AND LOCAL.This may be reproduced. It may not be reproduced or commercial purposes.

replica is not designed or redesigned, made or remade,or intended to fre conventional rimfre or centerfreammunition or uses conventional rimfre or centerfreammunition which is not readily available in the ordinarychannels o commercial trade.

MACHINE GUNS

A machine gun is any frearm designed to discharge, orcapable o discharging automatically more than once by asingle unction o the trigger. The ollowing persons mayown or possess a machine gun or machine gun conversionkit or trigger activating device increasing the rate o fre tothat o a machine gun or a shotgun with a barrel less than18 inches or an overall length o less than 26 inches:

Law enorcement ofcers or armed orces personnelor use in the course o their duties. Wardens o correctional acilities and authorizedpersonnel, or use in the course o their duties.

Persons possessing machine guns or short-barreledshotguns which, although designed as weapons, havebeen determined by the superintendent o the Bureau oCriminal Apprehension or his delegate by reason o thedate o manuacture, value, design, or other characteristicsto be primarily collectors items, relics, museum pieces orobjects o curiosity, ornaments or keepsakes, and are notlikely to be used as weapons. Manuacturers o ammunition who use and possessmachine guns or testing ammunition to be used by lawenorcement agencies and correctional acilities. Federally licensed dealers and manuacturers who

use such weapons to train peace ofcers or sell to lawenorcement agencies.

A person owning or possessing a machine gun orshort-barreled shotgun shall, within ten (10) days ateracquiring ownership or possession, fle a written reportwith the Bureau o Criminal Apprehension showing hisname, address, ofcial title and position, i any, a ulldescription o the arm, the purpose or which it is ownedor possessed, and such urther inormation as the Bureaumay reasonably require.

MISCELLANEOUS

A person is guilty o a gross misdemeanor whonegligently stores or leaves a loaded frearm in a location

where the persons knows, or reasonably should know, thata child is likely to gain access, unless reasonable action istaken to secure the frearm against access by the child.

It shall be unlawul to take any wild animal by meanso discharging any frearm rom a motor vehicle. A speciapermit may be acquired, without a ee, to discharge afrearm or bow and arrow rom a stationary motor vehicleto a person who has a permanent physical disabilityGame wardens may confscate frearms used in unlawuhunting.

SOURCE: Minn. Stat. Ann. 609.66 et seq, 624.711et seq

Defnitions1. A handgun includes a weapon designed to be fred bythe use o a single hand and with an overall length lessthan 26 inches, or having a barrel o a length less than18 inches in the case o a shotgun or having a barrel o alength less than 16 inches in the case o a rie. BB guns o

.18 caliber or less are exempt.

2. Semiautomatic military-style assault weapon meansAvtomat Kalashnikov (AK47), Beretta AR-70 and BM-59, Colt AR-15, Daewoo Max-1 and Max-2, FamasMAS, Fabrique Nationale FN-LAR and FN-FNC, Galil,Heckler & Koch HK 91, HK-93 & HK-94, SigarmsSIG 550SP & 551SP, SKS with detachable magazine,Steyr AUG, and Valmet M76 & M78; Intratec TEC-9handgun type; Ingram MAC-10 and MAC-11 and Uzihandgun and carbine types; Street Sweeper & Striker-12revolving cylinder shotgun types and USAS12 semi-

automatic shotgun type; another model or version othe listed frearms by the same manuacturer or undera license to another manuacturer or seller. The super-intendent o the bureau o criminal apprehension shallannually publish a list o frearms included in the defni-tion o semiautomatic military-style assault weapon.

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MN gun laws