"Failed to report sale to police" - Huh?

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"Failed to report sale to police" - Huh?

Postby BigBlue on Fri Jun 20, 2014 12:48 pm

Ok, so in this Red Star article about the Waseca nut job they have this comment:

The documents say Jacobs said he needed money and asked his son, a friend of LaDue’s, to put out “feelers” to see if anyone wanted to buy the pistol. The son said Jacobs required a note from LaDue’s father saying it was OK. LaDue’s father told police he didn’t know his son was buying the pistol until he came home with it, however. Jacobs sold the gun and one magazine to LaDue for $350 and failed to report the sale to the local police as required by law, charges allege.


What law requires anyone to notify local police related to the sale of a handgun?? I'm going to guess that the actual law broken was that the handgun could not legally be transferred to a person under 21 yo. Which is valid for purchases from dealers but I have no idea if it applies to private F2F sales. But why would they change that around to mention 'report the sale'?

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Re: "Failed to report sale to police" - Huh?

Postby bstrawse on Fri Jun 20, 2014 1:33 pm

BigBlue wrote:Ok, so in this Red Star article about the Waseca nut job they have this comment:

The documents say Jacobs said he needed money and asked his son, a friend of LaDue’s, to put out “feelers” to see if anyone wanted to buy the pistol. The son said Jacobs required a note from LaDue’s father saying it was OK. LaDue’s father told police he didn’t know his son was buying the pistol until he came home with it, however. Jacobs sold the gun and one magazine to LaDue for $350 and failed to report the sale to the local police as required by law, charges allege.


What law requires anyone to notify local police related to the sale of a handgun?? I'm going to guess that the actual law broken was that the handgun could not legally be transferred to a person under 21 yo. Which is valid for purchases from dealers but I have no idea if it applies to private F2F sales. But why would they change that around to mention 'report the sale'?

BB


Poor reporting. This was because he failed to report the transfer of a handgun to a minor without notifying the police or his parents.

There is no requirement in MN for two adults 18 years of age or older to report a sale or transfer of a firearm in a private sale.
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Re: "Failed to report sale to police" - Huh?

Postby onebohemian on Fri Jun 20, 2014 7:12 pm

624.7132 subd. 1, requires report to local police when buyer has no permit to purchase.
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Re: "Failed to report sale to police" - Huh?

Postby MNGunGuy on Fri Jun 20, 2014 7:46 pm

onebohemian wrote:624.7132 subd. 1, requires report to local police when buyer has no permit to purchase.

Read the whole statute. The Exclusions sections may be of interest.
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Re: "Failed to report sale to police" - Huh?

Postby onebohemian on Fri Jun 20, 2014 8:35 pm

News story on fox9 just showed copy of complaint listing 624.7132.15(b), which covers the transfer to a minor. The complaint appeared to refer to the language of (b)(1) though, not (b)(2). Only the front page of the complaint was shown so maybe there were additional allegations on later pages. Wonder if a .pdf of a copy of the complaint is online anywhere?
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Re: "Failed to report sale to police" - Huh?

Postby onebohemian on Fri Jun 20, 2014 8:53 pm

MNGunGuy wrote:
onebohemian wrote:624.7132 subd. 1, requires report to local police when buyer has no permit to purchase.

Read the whole statute. The Exclusions sections may be of interest.


609.66, subdivision 1f, appears to be an exception to the exclusions.
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Re: "Failed to report sale to police" - Huh?

Postby MNGunGuy on Sat Jun 21, 2014 12:58 pm

onebohemian wrote:
MNGunGuy wrote:
onebohemian wrote:624.7132 subd. 1, requires report to local police when buyer has no permit to purchase.

Read the whole statute. The Exclusions sections may be of interest.


609.66, subdivision 1f, appears to be an exception to the exclusions.

No, that would be the consequences of transferring to a person not eligible to own a firearm.
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Re: "Failed to report sale to police" - Huh?

Postby onebohemian on Sat Jun 21, 2014 4:05 pm

MNGunGuy wrote:
onebohemian wrote:
609.66, subdivision 1f, appears to be an exception to the exclusions.

No, that would be the consequences of transferring to a person not eligible to own a firearm.


How does the language of 609.66 subd. 1f not provide an exception to the exclusions of 624.7132 subd. 12? It provides more than just the list of consequences:

"Subd. 1f.Gross misdemeanor; transferring 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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Re: "Failed to report sale to police" - Huh?

Postby MNGunGuy on Sun Jun 22, 2014 9:53 am

onebohemian wrote:
MNGunGuy wrote:
onebohemian wrote:
609.66, subdivision 1f, appears to be an exception to the exclusions.

No, that would be the consequences of transferring to a person not eligible to own a firearm.


How does the language of 609.66 subd. 1f not provide an exception to the exclusions of 624.7132 subd. 12? It provides more than just the list of consequences:

"Subd. 1f.Gross misdemeanor; transferring 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."

The bold part is why. 624.7132 clearly states private party transfers are an exception meaning you are in compliance with the statute and there's no duty to report.
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Re: "Failed to report sale to police" - Huh?

Postby photogpat on Sun Jun 22, 2014 10:28 am

Its almost as if the language was carefully worded there...like there was an architect(s) hand in crafting such carefully worded regs....

*hint hint*
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