Question on laws governing face-to-face sales in MN

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Question on laws governing face-to-face sales in MN

Postby splatt on Sat Nov 01, 2008 9:31 pm

Hi All,

I moved to MN back in March of this year. I switched my driver license over to MN a couple months ago but haven't got a purchase permit or a carry permit yet (I took a class and will be submitting the app for that next week :D :D :D, which will be very cool after living in no legal CC Wisconsin ).

After reading around on MN guns laws I THINK that as far as face to face sales go, I can legally do long guns but not pistols until I get one of the permits.

Could you confirm or correct that for me?

Thanks!
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Re: Question on laws governing face-to-face sales in MN

Postby 1911fan on Sat Nov 01, 2008 10:49 pm

if you are over 18 you can buy a long gun face to face without legal restrictions, but good faith requires both of you to be fairly secure that you are not breaking any laws by buying or selling. That means that the seller is legal, and does in fact own the gun, and that the buyer is legal, and has no restrictions legally from buying a gun.

Handguns are the same, but the law has a provision in it where if you are not duly diligent in making sure the buyer is legally able to purchase, you can be held to criminal charges IF the weapon is used in a crime.

While the law asks for you to see a permit, it does not require it per se, only that if you sell to someone who is not legal to buy and they use it in a crime, then you can be charged. Now lets say your cousin, whom has known you since childhood, who knows that you have no felonies, no Domestic assaults, no commissions to the Mental health Wing of the local state hospital, they can feel pretty confident that selling you a gun is not going to come back and get them in trouble. However, someone on the board here, who has a gun posted online, and who does not know you, would probably be a little hesitant to sell a handgun to you without a permit to purchase or a carry tag.
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Re: Question on laws governing face-to-face sales in MN

Postby splatt on Sun Nov 02, 2008 11:22 am

Thanks for the reply!

Hopefully I can get my carry permit done soon so I don't have to worry about the handgun scenario.
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Re: Question on laws governing face-to-face sales in MN

Postby hammAR on Sun Nov 02, 2008 6:28 pm

psssssst.....pssssst...hey.
you want to buy a gun, no,
then remember to vote for Oblamma.......

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All men are created equal....It's what they do from there that matters!.
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Re: Question on laws governing face-to-face sales in MN

Postby splatt on Sun Nov 02, 2008 9:44 pm

I would rather stick my dick in a toaster than vote for that guy.
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Re: Question on laws governing face-to-face sales in MN

Postby Andrew Rothman on Mon Nov 03, 2008 1:22 am

Private sales of handguns are not actually any different than long guns, and the standard is actually pretty low. To be guilty of a crime, a prosecutor would have to show that you knew or should have known that the gun would be used in furrtherance of a crime, or that the buyer was a prohibited person.

In reality, most of us are more cautious than that, but because we want to, not because we have to.
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Re: Question on laws governing face-to-face sales in MN

Postby Srigs on Mon Nov 03, 2008 6:55 am

Andrew Rothman wrote:Private sales of handguns are not actually any different than long guns, and the standard is actually pretty low. To be guilty of a crime, a prosecutor would have to show that you knew or should have known that the gun would be used in furrtherance of a crime, or that the buyer was a prohibited person.

In reality, most of us are more cautious than that, but because we want to, not because we have to.


Also, it needs to be someone who lives in the state of MN otherwise it needs to go through a FFL.
Srigs,

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Re: Question on laws governing face-to-face sales in MN

Postby Andrew Rothman on Mon Nov 03, 2008 8:53 am

Srigs wrote:Also, it needs to be someone who lives in the state of MN otherwise it needs to go through a FFL.

Right. That's federal law.
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Re: Question on laws governing face-to-face sales in MN

Postby 1911fan on Mon Nov 03, 2008 11:25 am

Andrew
That's what I was trying to say. The due diligence is the slippery part and asking for a permit transfers theburden back to the state.
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