MN House panel votes to repeal purchase permits
Posted on January 31 2011 by Gary
From the NRA... "In a show of new Republican strength at the State Capitol, a House panel Wednesday voted to repeal Minnesota's gun permit requirement, saying it unnecessarily duplicated federal laws."....
Minnesota is currently 1 of only 12 states that require a handgun purchaser to first obtain a state purchase permit. Under the proposed law, this step would be eliminated. Rep. Tony Cornish believes it is an unfunded mandate and a burden on local police departments who must run the background checks but receive no compensation to do so. Further according to the Star Tribune article, Cornish believes it is a redundant check since a purchaser must pass a federal instant check when they purchase a firearm.
To obtain a purchase permit, the purchaser must go to the Chief of Police in their city or town or the Sheriff in an unincorporated part of the state, and apply for one. The Chief or his or her staff then run a background check on the individual, looking at state level and federal NCIC (National Crime Information Center) for criminal histories and mental health records if they exist.
The Police Chief is supposed to turn the permit application around in 7-days by law. However, there are no penalties if the Chief does not act within the legal specified time frame. And that's the rub. Some don't respond at all and others delay it by as much as 45 days (according to some of our students).
THE FEDERAL CHECK
Whenever some purchases a firearm from a licensed dealer, they fill out a form 4473. The form stays with the dealer but specifics about the person (i.e. name, address, place of birth, birth date etc.) gets phoned into the NICS (National Instant Check System) run by the FBI. The FBI gives one of three responses to the dealer: Proceed (the purchaser may take possession of the firearm), delayed (there is a delay and something needs to be cleared up) and denied (the purchaser may not take possession of the firearm).
The FBI looks at state AND federal records. It is by default a better background check than the state level check run for carry permits or purchase permits.
One of my close friends who is a Police Chief in a bustling Minnesota town however disagrees. He likes having the authority to say no to someone who applies for the permit if for example, they know them to be mentally unstable even though they've not been adjucated of mental incompetence.
In any event - we'll keep you up to date with this pending legislation.
To obtain a purchase permit, the purchaser must go to the Chief of Police in their city or town or the Sheriff in an unincorporated part of the state, and apply for one. The Chief or his or her staff then run a background check on the individual, looking at state level and federal NCIC (National Crime Information Center) for criminal histories and mental health records if they exist.
The Police Chief is supposed to turn the permit application around in 7-days by law. However, there are no penalties if the Chief does not act within the legal specified time frame. And that's the rub. Some don't respond at all and others delay it by as much as 45 days (according to some of our students).
THE FEDERAL CHECK
Whenever some purchases a firearm from a licensed dealer, they fill out a form 4473. The form stays with the dealer but specifics about the person (i.e. name, address, place of birth, birth date etc.) gets phoned into the NICS (National Instant Check System) run by the FBI. The FBI gives one of three responses to the dealer: Proceed (the purchaser may take possession of the firearm), delayed (there is a delay and something needs to be cleared up) and denied (the purchaser may not take possession of the firearm).
The FBI looks at state AND federal records. It is by default a better background check than the state level check run for carry permits or purchase permits.
One of my close friends who is a Police Chief in a bustling Minnesota town however disagrees. He likes having the authority to say no to someone who applies for the permit if for example, they know them to be mentally unstable even though they've not been adjucated of mental incompetence.
In any event - we'll keep you up to date with this pending legislation.
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