Permit to buy!? Something ain't right!!

[Ufatz]

Has the permit to BUY statute or regulation ever been challenged in the courts of Minnesota. Stop to think: okay, a permit to carry I can understand and most states and municipalities have something similar. But a permit to BUY??

What gives the State of MN the right to say who CAN and who CANNOT buy a handgun? The sheriff has to "sign off" on you having the right to BUY a handgun? Why not the right to buy ANY gun?

I'm not talking about the normal ATF forms etc. you fill out at dealer now, that's federal stuff and we're stuck with that for the next few centuries I guess.

Something here ain't right folks.

Has this ever been court tested? What are origins? How long in effect?

[picksbigwagon]

with out knowing absolutely for sure (I hope smilin bob can shine some light here) but I believe the permit to purchase, which is FREE, is a federal thing. If I remember correctly it goes back to the Brady bill and the five day waiting period. Minnesota has you get a FREE permit, which is a background check making sure you are legally able to purchase a handgun, and it is good for a calander year. Not sure what other states do, in some states don't they make you wait five days for any kind of gun purchase (I am thinking California and New York do this but I am guessing). SO waiting 5 days for a permit so you can go and buy as many handguns as you want in a year is not a bad thing in my eyes. If you have nothing to hide, 5 days is not a big deal.

[SmilinBob]

Ufatz, you are absolutely right, "IT AIN'T RIGHT". But we are are stuck with it until there is a major rollover and the anti's all get converted. The Minnesota permit to acquire handguns is actually making it easier for any law abiding citizen to get a handgun here. With the Brady bill came the mandatory waiting period, which would make a person wait 5 business days before being able to take possession of a handgun, here in MN we can have a background check done, and since this is a "shall issue" state, if you don't have a reason from being excluded, you will be issued a permit that will let you buy as many handguns as you like (but if you buy 2 or more handguns in 5 days or less from the same dealer it must be reported to the local police chief or sheriff, another ATF regulation) without the wait,and it is free to get a permit to acquire in MN, a permit to carry will cost money however. As far as I know it has not been challenged, but if it were overturned, there is a real possibility of having to wait for every handgun, again, back on the Feds. The Brady bill did sunset a few years ago, but there are still a lot of leftovers from it keeping the laws complicated. If you are ever looking to be confused and frustrated all at once read up on the federal, state and local firearm laws, or try obtaining and maintaining an FFL, something there ain't right either!

[Ufatz]

Okay you guys. I understand the advantage of MN's process over the mandatory 5-day, but a new resident raised the issue with me saying, Why should I have to run in to the Sheriff's office and kiss his big fat asterisk to get him to sign off on a BUY permit. It's none of his business what I BUY so long as I use it legally." This is a guy who has lived in a couple more open states and he is annoyed by the midwest's "anal attitudes" (no booze sales Sunday etc.)!!

Okay. Some things are cleared up here, which is the major benefit of these forums.

[DRH1175]

It isn't too bad if you keep it current. As then you can go and buy a handgun anytime you want. Last time I got mine through the Sheriff's office it was quick less than a week. This time I did it though my local PD and have been waiting over 3 weeks. I called on it and they said they are waiting to hear back from the State!?!? I want to purchase a Ruger .44mag for hunting season and here I wait... In this case I do feel like my rights are being taken away. Honestly kinda [PoorWordUsage] in my opinion.

[Ufatz]

Well DRH, you are right and your situation is a perfect example of the mess law abiding citizens are in. I guess what a guy does, as in your case, find another shooter who wants to sell what you're looking for and the two of you go have a beer and make a deal on your own. You know,he knows, but I don't know and neither does anyone else know. Which is the way it should be.

I DO now understand the advantage of the MN Permit To Buy but it still clogs my olfactory canals something awful.

[picksbigwagon]

DRH, go to the Police Dept and talk with the officer in charge of filing the paper work. Don't make a phone call, it is too easy to brush off. It should not take 3 weeks, it is supposed to take no more than 7 working days. If the PD gives you the same answer in person, ask for the contact numbers at the state level that are holding this up. If you don't have anything to prevent you from owning a handgun, someone has dropped the ball on it and you should find out in person why. Person to Person works a whole lot better than just a phone call. My local police department says 5-7 days and it can be picked up, after that, it will be mailed to me.

[DRH1175]

the problem is my pd is only open from 8 to 4 and I can't get there in those hours. I had to take off work just to get the application. It just irks me that it has taken this long. It feels like they hold the power as to when or if I get to buy a gun. A criminal can get a gun in an hours while us law abiding citizens have to go through all these hoops!

[nonteepical]

go to your county sherrif's office. theres an unwritten rule in law enforcement that police departments are antigun permits and sherrif dept's aren't. it's definatly true where i live the police dept. won't even give you the paperwork to fill out.

[SmilinBob]

I would call them if you can't get there and remind them that if you are not a prohibited person that the law reads a permit to acquire a handgun shall be issued within seven days of application (SS624.7131, subd 5 Granting of permits). Also some counties and local police depts try to streamline the process if it goes to the county for backgrounding, and the locals refer it to the sheriff's office.

[knoppers]

the problem is my pd is only open from 8 to 4 and I can't get there in those hours. I had to take off work just to get the application. It just irks me that it has taken this long. It feels like they hold the power as to when or if I get to buy a gun. A criminal can get a gun in an hours while us law abiding citizens have to go through all these hoops!

you can print out the application from your local sheriffs dept. web site, or the state site. I just printed one out from the sherburne co. web site, its the same app from any site. then you just need to drop it off in person, since they need a picture ID.

my question, why does a permit to carry last 5 years, but a permit to purchase only last one year?

[Tator2k]

My guess is one is free and the other has a $100 application fee.

[DRH1175]

After 3 1/2 weeks I finally recieved it yesterday. The officer that was handling it said it was the State actually that caused the delay. They had to call 3 times before getting back to the city.