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 "Report of Transfer" required in MN for private fi 
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 Post subject: "Report of Transfer" required in MN for private fi
PostPosted: Tue Apr 15, 2008 11:28 am 
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Joined: Thu Oct 27, 2005 2:03 am
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Posted this on Glock Talk....is this correct??? I need to file a "Report of Transfer" of a private gun sale?

Quote:
Originally Posted by 12smile
I'll stop in to the Mn State Fair Gun Show this weekend. looking for a new holster and researching the purchase of a Glock 21.

I'd be curious to experience "THE GUNSHOW LOOPHOLE"

I've purchased firearms from Federally licensed fireamrs dealers w/ background check before at a gunshow...but how would I go about entering "THE GUNSHOW LOOPHOLE" ?

I've never seen a table or meeting area for "private person to person" gun sales. How is this done?...I'd merely like to exercise the right if it is indeed available.

I've been watching the HBO series John Adams about the American Revolution and it makes you want to honor the founding fathers by exercising your Second Ammendment rights....I think a cash sale between 2 law abiding Americans for a nice used firearm was just what they had in mind.

This is my first post here...this seems to be the most popular forum section, Mods please move if I've posted in the wrong section.

................ANSWER POSTED ON GLOCK TALK.................
You would be breaking the law, from the way it reads:
https://www.revisor.leg.state.mn.us/...s/?id=624.7132
624.7132 REPORT OF TRANSFER.
Subdivision 1. Required information. Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault
weapon shall report the following information in writing to the chief of police of the organized
full-time police department of the municipality where the proposed transferee resides or to the
appropriate county sheriff if there is no such local chief of police:
(a) the name, residence, telephone number and driver's license number or nonqualification
certificate number, if any, of the proposed transferee;
(b) the sex, date of birth, height, weight and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(c) a statement that the proposed transferee authorizes the release to the local police authority
of commitment information about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to the proposed transferee's eligibility
to possess a pistol or semiautomatic military-style assault weapon under section 624.713,
subdivision 1 ;
(d) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(e) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The report
shall be delivered by the transferor to the chief of police or sheriff no later than three days after
the date of the agreement to transfer, excluding weekends and legal holidays. The statement under
clause (c) must comply with any applicable requirements of Code of Federal Regulations, title 42,
sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2. Investigation. Upon receipt of a transfer report, the chief of police or sheriff shall
check criminal histories, records and warrant information relating to the proposed transferee
through the Minnesota crime information system and the national criminal record repository and
shall make a reasonable effort to check other available state and local record-keeping systems.
The chief of police or sheriff shall obtain commitment information from the commissioner of
human services as provided in section 245.041.
Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon. The notification to the transferee shall specify the grounds for the
disqualification of the proposed transferee and shall set forth in detail the transferee's right of
appeal under subdivision 13.
Subd. 4. Delivery. Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five
business days after the date the agreement to transfer is delivered to a chief of police or sheriff in
accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the
seven day waiting period. The chief of police or sheriff may waive all or a portion of the five
business day waiting period in writing if the chief of police or sheriff finds that the transferee
requires access to a pistol or semiautomatic military-style assault weapon because of a threat to
the life of the transferee or of any member of the household of the transferee.
No person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed
transferee after receiving a written notification that the chief of police or sheriff has determined
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon.
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered
to the transferee.
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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Tue Apr 15, 2008 11:39 am 
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Posts: 1060
Location: Savage, MN
12smile wrote:
Posted this on Glock Talk....is this correct??? I need to file a "Report of Transfer" of a private gun sale?_


That's only a partial statute. This is part of what was left out:
Quote:
Subd. 8. Report not required. If the proposed transferee presents a valid transferee permit
issued under section 624.7131 or a valid permit to carry issued under section 624.714, the
transferor need not file a transfer report.


ETA: You're link's broken. Try this.


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Tue Apr 15, 2008 12:13 pm 
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Lenny7 wrote:
That's only a partial statute. This is part of what was left out:
Quote:
Subd. 8. Report not required. If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.
Also:
Quote:
Subd. 12. Exclusions. Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to [...] the following transfers:
(a) a transfer by a person other than a federally licensed firearms dealer;
But:
Quote:
609.66 Subd. 1f. Gross misdemeanor; transferring a firearm without background check. A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if: (1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or (2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Tue Apr 15, 2008 12:21 pm 
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Quote:
609.66 Subd. 1f. Gross misdemeanor; transferring a firearm without background check. A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if: (1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or (2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.


That's no problem. Just have the transferee fill out and sign a One Year Felony Waiting Period declaration stating that they won't use the firearm in furtherance of a felony crime of violence for one year. You're covered!!


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 Post subject:
PostPosted: Tue Apr 15, 2008 1:40 pm 
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Location: Carlton
Obama says bitter people cling to their guns. You must not be "bitter" because you're willing to do a transfer.


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 Post subject:
PostPosted: Tue Apr 15, 2008 3:10 pm 
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Location: St. Paul
the website GlockTalk is not a reliable source of legal advice.


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 Post subject:
PostPosted: Tue Apr 15, 2008 3:32 pm 
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kimberman wrote:
the website GlockTalk is not a reliable source of legal advice.
:) And, the top of my head is not a reliable source of hair.

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 Post subject:
PostPosted: Tue Apr 15, 2008 4:03 pm 
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Joined: Mon Jun 26, 2006 4:45 pm
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Location: Minnetonka
joelr wrote:
kimberman wrote:
the website GlockTalk is not a reliable source of legal advice.
:) And, the top of my head is not a reliable source of hair.


You should talk. The last I noticed, you were in better shape than I was.

rtk


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 Post subject:
PostPosted: Tue Apr 15, 2008 4:27 pm 
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rtk wrote:
joelr wrote:
kimberman wrote:
the website GlockTalk is not a reliable source of legal advice.
:) And, the top of my head is not a reliable source of hair.


You should talk. The last I noticed, you were in better shape than I was.

rtk

Yep, makes more and more partial to my gray.


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Tue Apr 15, 2008 4:36 pm 
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Location: St. Paul
12smile wrote:
Do I need to file a "Report of Transfer" of a private gun sale?


Short answer: no.


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Fri Jan 02, 2009 10:08 am 
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kimberman wrote:
12smile wrote:
Do I need to file a "Report of Transfer" of a private gun sale?

Short answer: no.

Can someone provide a long answer to this question, please?

The topic came up again, over at ar15.com, and I'd really like to put it to rest. All of the above references have been cited, but people are still convinced that you need to either see a Permit to Carry, a permit to purchase, or file a "report of transfer."


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Fri Jan 02, 2009 10:25 am 
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SultanOfBrunei wrote:
kimberman wrote:
12smile wrote:
Do I need to file a "Report of Transfer" of a private gun sale?

Short answer: no.

Can someone provide a long answer to this question, please?

The topic came up again, over at ar15.com, and I'd really like to put it to rest. All of the above references have been cited, but people are still convinced that you need to either see a Permit to Carry, a permit to purchase, or file a "report of transfer."


Look at the exclusions in jdege's post.

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Of the people, By the People, For the People. The government exists to serve us, not the reverse.

--------------------
Next MN carry permit class: TBD.

Permit to Carry MN
--------------------

jason <at> metrodefense <dot> com


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 Post subject: Re: "Report of Transfer" required in MN for privat
PostPosted: Fri Jan 02, 2009 11:25 am 
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princewally wrote:
Look at the exclusions in jdege's post.

The response to that was:
Quote:
Check with the BCA that only applies to standard long guns.
All handgun and assault rifles must comply with 624.7132
Sub 14 states No person shall transfer a pistol or assault weapon to another who is not personally known to the transferor unless they provide evidence of identity and eligibility.


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PostPosted: Fri Jan 02, 2009 11:51 am 
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Subd 14 says
Quote:
Subd. 14.Transfer to unknown party.

(a) No person shall transfer a pistol or semiautomatic military-style assault weapon to another who is not personally known to the transferor unless the proposed transferee presents evidence of identity to the transferor.

(b) No person who is not personally known to the transferor shall become a transferee of a pistol or semiautomatic military-style assault weapon unless the person presents evidence of identity to the transferor.

(c) The evidence of identity shall contain the name, residence address, date of birth, and photograph of the proposed transferee; must be made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasi-governmental organization; and must be of a type commonly accepted for the purpose of identification of individuals.

(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault weapon in violation of this subdivision is guilty of a misdemeanor.


Short version, get some ID to verify the buyer is who he says he is. A driver's license and carry permit work wonders, but you don't have to give anything at all to the government.

Subd 12 specifically excludes private parties from the transfer report requirement.
Quote:
Subd. 12.Exclusions.

Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;


Subd 8 specifically excludes permit holders(carry or purchase)
Quote:
Subd. 8.Report not required.

If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.

_________________
Of the people, By the People, For the People. The government exists to serve us, not the reverse.

--------------------
Next MN carry permit class: TBD.

Permit to Carry MN
--------------------

jason <at> metrodefense <dot> com


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 Post subject:
PostPosted: Fri Jan 02, 2009 11:53 am 
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Subd 14 doesn't address eligibility in any way, just identity.

_________________
Of the people, By the People, For the People. The government exists to serve us, not the reverse.

--------------------
Next MN carry permit class: TBD.

Permit to Carry MN
--------------------

jason <at> metrodefense <dot> com


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