(As of July 2005) Quick ReferenceRifles and Shotguns
Handguns
State RequirementsPurchaseA handgun or semiautomatic military-style assault weapon may be sold by a dealer to a person who presents a handgun transferee permit or carry permit, or to a person who has undergone a seven day waiting period where a transfer report has been filed.A transferee permit may be obtained at no cost from the police chief of a municipality or the county sheriff. The information requested consists of name, residence, telephone number, driver's license number or non-qualification certificate number, sex, date of birth, height, weight, eye color, and a statement attesting that the transferee does not fall into any of the disqualifying categories listed under Possession below. The police chief or sheriff investigates the applicant and must issue or deny the transferee permit within seven days. A transferee permit is good statewide for one year to purchase one or more handguns either at one time or at intervals throughout the year. A person without a transferee permit or carry permit must utilize a transfer report in order to purchase a handgun or semiautomatic military-style assault weapon. The transfer report contains the identification information and statement attesting qualification as required in the transferee permit, and must be signed by the transferor and the proposed recipient. The transferor must deliver the report to the police chief or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. No fee is charged for the transfer report. Upon receipt of a transfer report, the police chief or sheriff investigates the potential recipient. A handgun or assault weapon cannot be delivered until fivedays until after the agreement to transfer is delivered to the police chief sheriff. The police may waive all or part of the seven day waiting period. At the end of five days, the handgun or assault weapon may be transferred if the transferor hears nothing unfavorable from the police. There is no restriction on the number of handguns or assault weapons a person may acquire as part of a single transfer report. Once a police determination has been made that a handgun or assault weapon recipient is not prohibited from possessing a handgun or assault weapon, the recipient may, within 30 days after the determination, apply to the police chief or sheriff for a handgun or assault weapon transferee permit, and the permit shall be issued. A person transferring a handgun or assault weapon to a person exhibiting a transferee permit or carry permit is not required to file a handgun or assault weapon transfer report. After a determination has been made that the person receiving a handgun or assault weapon is not precluded from possessing one, the person may request that no record be kept of the fact that he is the recipient of a handgun or assault weapon. The police chief or sheriff shall sign the transfer report and return it to the person receiving the handgun or assault weapon. Thereafter, no government employee or agency shall maintain a record of the transfer that identifies the person who received the handgun or assault weapon. The requirements of a transferee permit, permit to carry, or report of transfer and a seven day waiting period do not apply to transfers between federally licensed firearm dealers or transfers of antique firearms acquired as curiosities or for their historical significance or value. No person shall transfer a handgun or assault weapon to another who is not personally known to the transferor unless the proposed recipient presents evidence of his identity. Each firearm dealer shall display a warning in block letters stating, "IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS."
PossessionNo state permit is required to possess a rifle, shotgun, or handgun.The following persons may not possess a handgun or "semiautomatic military style assault weapon," or any other firearm:
A nonresident alien may not possess a firearm except to take game as a nonresident under the game laws. It is unlawful to possess, store, or keep a deadly weapon, BB gun or, or replica firearm on school property or a school bus. CarryingAny person carrying a loaded BB gun, rifle, or shotgun on or about their person, not expressly to or from the place where the firearms are bought, sold, traded, displayed, or where hunting, target shooting, or other lawful activity occurs, is guilty of a gross misdemeanor.It is also a misdemeanor to carry a handgun on or about their person while under the influence of alcohol or any controlled substance. It is unlawful for a person authorized to carry a firearm under the provisions of a permit in a location a person knows to be school property. However, a person may keep or store a firearm in a motor vehicle in accordance with state law, participate in lawful gun safety or marksmanship courses or activities, gun shows, ceremonial color guard, or with the school principal's written permission, on school grounds. Carrying ContinuedGenerally, a concealed carry permit is not required of a person:
Application for a permit to carry concealed by a Minnesota resident is made to the local Sheriff. Nonresidents may apply to any Sheriff. Application is made on a statewide standardized form. The application must include applicants name, residence, telephone number, driver's license number or state identification number, physical characteristics, date of birth and a list of the applicant's past 10 year residency history. Applications include an authorization for the release of information from the Commissioner of Human Services regarding any commitment history of the applicant. The application fee shall not exceed $100. Applications must be submitted in person. A permit shall be issued or denied within 30 days of application. Applicants must be 21 or older, be citizen of the United States or a permanent resident, not fall into any of the disqualifying factors listed above under Possession and demonstrate evidence of firearms safety training. A basic firearms training course offered by a certified instructor must include:
Certified instructors include any person who is certified in the past five years by an organization or government entity that has been approved by the Department of Public Safety in accordance with the department's standards. Concealed carry is prohibited in certain locations. These include:
Upon the request of a peace officer, a permit holder must disclose to the officer whether or not the permit holder is currently carrying a firearm. The firearm carrying restrictions do not apply to antique firearms carried or possessed as curiosities or for their historical significance or value. Except for handguns carried pursuant to a carrying permit, rifles and shotguns transported in a motor vehicle, airplane, or snowmobile must be unloaded in both barrel and magazine and cased unloaded in a car trunk or the rearmost location of the vehicle. Except when engaged in lawful hunting or when at a target range operating under a permit from the Department of Natural Resources, it is unlawful to be in possession of a rifle or shotgun outdoors unless it is unloaded and either cased or broken down. Antlques and ReplicasAntique firearm means any firearm, including any handgun, with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured before 1899 and any replica of any firearm described therein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or centerfire ammunition or uses conventional rimfire or centerfire ammunition which is not readily available in the ordinary channels of commercial trade. Machine GunsA machine gun is any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.The following persons may own or possess a machine gun or machine gun conversion kit or trigger activating device increasing the rate of fire to that of a machine gun or a shotgun with a barrel less than 18 inches or an overall length of less than 26 inches:
A person owning or possessing a machine gun or short-barreled shotgun shall, within ten days after acquiring ownership or possession, file a written report with the Bureau of Criminal Apprehension showing his name, address, official title and position, if any, a full description of the arm, the purpose for which it is owned or possessed, and such further information as the Bureau may reasonably require. MiscellaneousA person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the persons knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child.It shall be unlawful to take any wild animal by means of discharging any firearm from a motor vehicle. A special permit may be acquired, without a fee, to discharge a firearm or bow and arrow from a stationary motor vehicle to a person who has a permanent physical disability. Game wardens may confiscate firearms used in unlawful hunting. Definitions:
Source: National Rifle Association of America, Institute for Legislative Action |