Walz signs ‘red flag’ orders, universal background checks

[jdege]

Thank you for sharing this info. While I’m not a proponent of any new gun laws, the fact that you can still do a private transfer without going through an FFL as long as both parties have a PTC or PTP makes this far less of a hassle than anticipated. Other than photo copies of the permit and license, I have always required a permit and bill of sale anyways.

The prior law on transfers without a background check made checking for PTC and maintaining records for a year a very good idea.

[bstrawse]

I am not a lawyer . . . however, my reading of what passed seems to allow continued private party transfers with a Carry or Purchase Permit. I had been requiring that whenever I sold something anyway, so maybe it won't be too much of a change for some of us. I don't think FFLs will see much of a difference either. Prolly infrequent buyers will be effected most. Still a hassle though, and not likely to stop criminals from getting guns.

I wonder about the prospects of it being overturned . . .

Larry

you can do a private transfer w/ a PTP or PTC by filling out a state mandated form, both buyer and seller sign it, photocopy of the permit and an ID must be included, and you must both keep it for 10 years post-transfer - AND produce on demand by any law enforcement officer as a "part of a criminal investigation"

ALSO, PTPs can now be denied for more reasons - and they will have 30 days to process rather than 7 days.

To date, this sort of UBC has not been struck down anywhere - but we see a few holes we are exploring here with outside counsel and national partners.

The Caucus will have some explainer material up within a few weeks.
b

Thank you for sharing this info. While I’m not a proponent of any new gun laws, the fact that you can still do a private transfer without going through an FFL as long as both parties have a PTC or PTP makes this far less of a hassle than anticipated. Other than photo copies of the permit and license, I have always required a permit and bill of sale anyways.

For now. I guarantee they'll try and remove this down the road.
b

[Holland&Holland]

https://www.mprnews.org/story/2023/05/19/walzs-signs-red-flag-orders-universal-background-checks-into-law

The plan makes Minnesota the 20th state to enact what are known as red flag protections designed to remove firearms from those deemed a danger to themselves or others. It also expands criminal background checks to private transfers of firearms.

Under the proposals, more firearm sales will be subject to background checks and it will be easier for concerned family members and law enforcement to temporarily remove guns from people in crisis.

Boost funding for Minnesota courts to improve courtroom technology and raise salaries of judicial branch workers and legal aid programs.
Expand youth intervention and restorative programs with the aim of changing the direction of young people before they commit more serious crimes.
Rework the pardons process so decisions of the three-person panel — the governor, attorney general and Supreme Court chief justice — won’t have to be unanimous. The governor will have to be part of any vote where a pardon is awarded.
Allow prison inmates to shave time off their incarceration by participating in rehabilitative, substance abuse or educational programs while behind bars. The credits couldn’t cut their prison time to less than half but it could mean inmates serve less than the standard two-thirds of a sentence in custody before supervised release is permitted.
Include gender identity, gender expression or perception of those in the definition of bias-motivated assault when the crime is believed to be driven by those factors.
Limit the use of no-knock search warrants by police and changing the protocol for how they will be conducted should a judge issue one.
Ensure that families of people killed by police get access within five days to body camera footage, with the requirement that it be released to the general public within two weeks.
Fund police recruitment, given a shortage of licensed officers.

The law will also create the first in the nation Office of Missing and Murdered African American Women and Girls. It will be similar to the state’s Office of Missing and Murdered Indigenous Women and Girls.

Good news for the people of Minnesota. Definitely a step in the right direction for better gun safety.

So we are not supposed to interpret this as divisive in any way right???

[Rip Van Winkle]

So we are not supposed to interpret this as divisive in any way right???

Kinda reminds me of the old George Carlin bit, "My sh*t is stuff and your stuff is sh*t".

[samginko]

When does the law go in to effect?

[bstrawse]

When does the law go in to effect?

UBCs - 8/1
Red Flags - 1/1/24

We'll have more details and some explainer videos up in a week or two at the Caucus website.

thanks,
b

[daleamn]

Thank you for keeping us informed.

[jdege]

When does the law go in to effect?

UBCs - 8/1

And if BCA doesn't have the form designed and available on time?

[bstrawse]

When does the law go in to effect?

UBCs - 8/1

And if BCA doesn't have the form designed and available on time?

They're required to do so in statute in time for implementation. There's no reason to believe they won't.

[Lumpy]

From a notification by Rep. Fu Lee proudly proclaiming the DFL's many accomplishments this session:

gun control.png (10.17 KB) Viewed 2061 times

Yep, we're so much safer now that we've banned those auto-assault weapons.

[ttousi]

Short and sweet/simple regarding universal background checks

Criminals by definition do not follow/laws............so I don't expect they will transferring their firearms thru the neighborhood FFL.

So how does this do anything but place an undue burden on law abiding citizens..................inquiring minds want to know

[ex-LT]

Short and sweet/simple regarding universal background checks

Criminals by definition do not follow/laws............so I don't expect they will transferring their firearms thru the neighborhood FFL.

So how does this do anything but place an undue burden on law abiding citizens..................inquiring minds want to know

I wish I could remember where I saw it (it may have been on the Gun Owners Caucus website?), but there was a video clip where a Democrat legislator was directly asked about that, and he actually stated something along the lines of "we don't expect the criminals to obey this law."

Of course, my first reaction when I heard that was "Then why, for F###'s sake, are you PROPOSING this law?"

[jdege]

Of course, my first reaction when I heard that was "Then why, for F###'s sake, are you PROPOSING this law?"

Because it will create criminals out of their political opponents...

[Markemp]

Short and sweet/simple regarding universal background checks

Criminals by definition do not follow/laws............so I don't expect they will transferring their firearms thru the neighborhood FFL.

So how does this do anything but place an undue burden on law abiding citizens..................inquiring minds want to know

I wish I could remember where I saw it (it may have been on the Gun Owners Caucus website?), but there was a video clip where a Democrat legislator was directly asked about that, and he actually stated something along the lines of "we don't expect the criminals to obey this law."

Of course, my first reaction when I heard that was "Then why, for F###'s sake, are you PROPOSING this law?"

Because not everyone who will be saved by this law is a criminal. It's going to help people who need a little extra help.

Gun violence is a multi-faceted problem, which requires multi-faceted solutions. This law is designed to deal with a part of the problem, so saying it won't do anything at all because of another part of the problem is a bit disingenuous. No kidding it won't. It's not designed to help with that part.

[xd ED]

Of course, my first reaction when I heard that was "Then why, for F###'s sake, are you PROPOSING this law?"

Because it will create criminals out of their political opponents...

With enough laws on the books, everyone is a criminal. Then it's simply of mater of which laws to enforce/ who to prosecute persecute.
That this law will does nothing for safety, and well being that could not be acomplished with preexisting ordinance is immaterial to its proponents.