Permit to purchase - 7 day decision period deadline

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Permit to purchase - 7 day decision period deadline

Postby TheRailGunner on Mon Feb 26, 2018 7:38 pm

Ok, so I'm new here, and would like to know if anyone had any insight on this topic. So, I just recently submitted my application for a permit to purchase with my county's sheriff office on 2/22/18 (since my town's law enforcement agency does not deal with these matters), and I was told that I should receive my permit within 7 days, but I've heard from many people that this can take much longer in some cases, and I've read up on the law here in Minnesota regarding matters such as these, and I know that there is a statute that clearly states that a decision must be reached within 7 days, as I'm sure a lot of you already know.

So my question is: If I do not receive a response within 7 days, does that constitute an approval by default, as I believe it does? So, if I were to wait two weeks and my permit is still not here, would I just be able to bring my receipt of the application signed by the sheriff's office to the gun store that my gun is at, and show it to them and say they have not responded within the mandated time set by the statute, so it defaults as an approval?

I would really like to go pick up my AR and get shooting again. I realize that I should have gotten my permit before buying my gun, but I was under the impression that I would be able to do that at the gun store, which, I now know I can, but it would have been for a one time purchase, and not good for a year with any amount of purchases I want by getting the permit to purchase, so I opted to go that route. I would like to get my permit to carry which is good for five years, but I don't have the free time to take the classes right now. Hopefully this summer I will, however.
Any insight would be greatly appreciated.
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Re: Permit to purchase - 7 day decision period deadline

Postby gman1868 on Mon Feb 26, 2018 8:33 pm

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Re: Permit to purchase - 7 day decision period deadline

Postby xd ED on Mon Feb 26, 2018 8:34 pm

What makes you believe there is approval default if they don't respond?

I don't believe there is much, if any recourse if they're slow.

Without the permit in hand the FFL can't sell to you.
I can't imagine the receipt is worth the paper it's written on with regards to demonstrating you are not a prohibited person.
If a receipt for application was all that's needed, what would stop someone denied from using the receipt in lieu of a PTP?

If you don't receive the permit after 7 working days call the agency you applied to.
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Re: Permit to purchase - 7 day decision period deadline

Postby Holland&Holland on Mon Feb 26, 2018 9:32 pm

:busy: :paper: :busy: :bolt:
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Re: Permit to purchase - 7 day decision period deadline

Postby xd ED on Tue Feb 27, 2018 6:36 am

Holland&Holland wrote: :busy: :paper: :busy: :bolt:


;)
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Re: Permit to purchase - 7 day decision period deadline

Postby gman1868 on Wed Feb 28, 2018 9:08 pm

One option, call a reputable lawyer who is an expert in Minnesota gun law and inquire for their services. James Fleming would be a good choice.
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Re: Permit to purchase - 7 day decision period deadline

Postby Holland&Holland on Wed Feb 28, 2018 9:12 pm

Chirp chirp chirp
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Re: Permit to purchase - 7 day decision period deadline

Postby xd ED on Wed Feb 28, 2018 9:22 pm

Holland&Holland wrote:Chirp chirp chirp


:exactly:
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Re: Permit to purchase - 7 day decision period deadline

Postby grimbeaver on Thu Mar 01, 2018 7:45 pm

There is nothing you can do but wait. The law says nothing about what happens if they don't do it. Some agencies find loop holes like saying they only officially accept them on certain days in order to extend the 7 days.
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Re: Permit to purchase - 7 day decision period deadline

Postby mrp on Thu Mar 01, 2018 8:30 pm

If you look at the receipt it will say:

This receipt DOES NOT constitute a permit to acquire or possess firearms.


So you're not going to have any luck going that route. Also, no store is going to go along with your argument about what happens after 7 days - it's a risk with no reward.

The situation with the carry permit is a little different. The statutes tells the sheriff what he must do within 30 days and you can make an argument that if you haven't been denied it's as good as being approved. That means if 30 days are up and you call in and they tell you that you haven't been denied, you can go ahead and carry and a good lawyer will probably be able to convince a judge that you didn't do anything illegal. But again, no retailer is going to care. You either have a valid permit in your possession or you do not.
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Re: Permit to purchase - 7 day decision period deadline

Postby gman1868 on Fri Mar 02, 2018 8:31 pm

Methinks we've been trolled...

We provide reasonable answers, and... crickets.
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Re: Permit to purchase - 7 day decision period deadline

Postby Holland&Holland on Fri Mar 02, 2018 8:37 pm

Nah, can't be, just a gosh golly honest to goodness just getting back into guns guy who just needs some help with a hypothetical situation which has not happened yet and just so happens to ask these questions with his/her very first post. Then said newbie got so gosh dang busy that they did not make it back in order to follow up or participate in any other posts. Oh, and it happens to be the very same week where the socialist lobby (I think that is what they go by) is looking to get their bills heard in committee. Can't be related can it?
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Re: Permit to purchase - 7 day decision period deadline

Postby xd ED on Fri Mar 02, 2018 9:03 pm

Holland&Holland wrote:Nah, can't be, just a gosh golly honest to goodness just getting back into guns guy who just needs some help with a hypothetical situation which has not happened yet and just so happens to ask these questions with his/her very first post. Then said newbie got so gosh dang busy that they did not make it back in order to follow up or participate in any other posts. Oh, and it happens to be the very same week where the socialist lobby (I think that is what they go by) is looking to get their bills heard in committee. Can't be related can it?


Pure coincidences, all.

When I read these kinds of posts(the op), I try to figure out what they're trying to catch.
This one, I'm not sure, but have a suspicion or 2, some gotchas which would require a mushroom-like intellect to conjure up.
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Re: Permit to purchase - 7 day decision period deadline

Postby Amazi on Fri Mar 02, 2018 9:16 pm

When I did my permit to purchase about 6 years ago or so it took me about a month to get it..
My renewal and address change of my permit to carry only took my mom like maybe 2 weeks or so.
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Re: Permit to purchase - 7 day decision period deadline

Postby Holland&Holland on Sat Mar 03, 2018 12:23 am

Amazi wrote:When I did my permit to purchase about 6 years ago or so it took me about a month to get it..
My renewal and address change of my permit to carry only took my mom like maybe 2 weeks or so.


You should have gone in after 7 days and demanded that they honor your permit.
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