Permit to purchase waiting time.

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Permit to purchase waiting time.

Postby e.vang on Tue Oct 20, 2009 9:12 pm

Hello,

I've applied for a Permit to Purchase almost a month ago at a Saint Paul Police department and still haven't gotten an approval.
I've returned a few times and asked them what's taking them so long, and they just keep telling me that they are waiting for a background check from the BCA (Bureau of Criminal Apprehension) then they'll mail my permit out. I don't see why I wouldn't pass a background check. I am in the MN Army National Guard and hold a pretty high Federal security clearance already. Meaning I've pass a fairly extensive background check, so a simple gun permit background check shouldn't be an issue. I also have no criminal record of any kind, otherwise I wouldn't have security clearance.

Thanks ahead of time for anyone who can clarify why it's taking so long.
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Re: Permit to purchase waiting time.

Postby Pat on Tue Oct 20, 2009 9:14 pm

I believe the police deaprtment has seven days to process your permit to purchase. Others hereabout are much better informed on the legal stuff, but that is the upshot.

As far as I know, they don't mail them out. You have to go in and pick it up.

Does anybody else smell fish? :cogitating:

Good luck.
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Re: Permit to purchase waiting time.

Postby e.vang on Tue Oct 20, 2009 9:21 pm

Pat wrote:I believe the police deaprtment has seven days to process your permit to purchase. Others hereabout are much better informed on the legal stuff, but that is the upshot.

As far as I know, they don't mail them out. You have to go in and pick it up.

Does anybody else smell fish? :cogitating:

Good luck.



Yeah I heard they have seven days too. Even when I applied the rep there said I'll get it 7-10 days.
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Re: Permit to purchase waiting time.

Postby Pat on Tue Oct 20, 2009 9:23 pm

Not 7-10. Within seven days they have to give you either the thumbs up, or the thumbs down. Somebody will be along in a bit to quote the statute.
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Re: Permit to purchase waiting time.

Postby mday on Tue Oct 20, 2009 10:18 pm

St Paul took a 63 days on my permit to puchase. I tried calling a dozen times and the lady NEVER returns calls or is in the office... our tax dollars hard at work :evil:
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Re: Permit to purchase waiting time.

Postby jgalt on Tue Oct 20, 2009 10:20 pm

I can't (i.e. won't look up) the statute, but the summary is that if it is not denied in 7 days, then it is 'approved'. Of course, without the piece of paper, no FFL is going to sell you anything, and when you quote the statute (should you decide to look it up) to the St. Paul PD, you'll be given the option to continue to wait, or receive your denial immediately. It took mine 62 days, and a number of phone calls - my carry permit (Ramsey Co) took 12 days, including the mailing time...

Yes, it is 7 days - no, you aren't going to be able to get it any time before they damned well please. And yes, this is my anecdotal experience, so proves nothing - take it for what it's worth, remember what you paid for it, etc, etc...

Good luck!
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Re: Permit to purchase waiting time.

Postby e.vang on Tue Oct 20, 2009 10:36 pm

mday wrote:St Paul took a 63 days on my permit to puchase. I tried calling a dozen times and the lady NEVER returns calls or is in the office... our tax dollars hard at work :evil:

Damn really! Then what's the point of a setting a time frame in the State Statue!
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Re: Permit to purchase waiting time.

Postby e.vang on Tue Oct 20, 2009 10:38 pm

jgalt wrote:I can't (i.e. won't look up) the statute, but the summary is that if it is not denied in 7 days, then it is 'approved'. Of course, without the piece of paper, no FFL is going to sell you anything, and when you quote the statute (should you decide to look it up) to the St. Paul PD, you'll be given the option to continue to wait, or receive your denial immediately. It took mine 62 days, and a number of phone calls - my carry permit (Ramsey Co) took 12 days, including the mailing time...

Yes, it is 7 days - no, you aren't going to be able to get it any time before they damned well please. And yes, this is my anecdotal experience, so proves nothing - take it for what it's worth, remember what you paid for it, etc, etc...

Good luck!

Well so far two person from Saint Paul waited at least two months so guess I'll have to too.

Thanks anyways everyone.
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Re: Permit to purchase waiting time.

Postby JustinPo on Tue Oct 20, 2009 11:58 pm

When my girlfriend and I dropped off her permit to purchase in Eden Praire they said 5 business days including mailing time, we'll see on friday.
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Re: Permit to purchase waiting time.

Postby tweener on Wed Oct 21, 2009 12:47 am

Have a lawyer write them a letter.......

Might be some laywers around that would do it for a VERY small fee....

some might be able to suggest one.
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Re: Permit to purchase waiting time.

Postby mnglocker on Wed Oct 21, 2009 5:05 am

It's seven calendar days. You drop it off at 4pm on a Wednesday, they need to have it in your hands by 4pm the following Tuesday.


State statute 624.7131 subdivision 5 ensures the permitee will be provided with a permit or notified of a denial of permit within a 7 day period. When the permit is ready, the applicant will be notified by telephone.


Bring in a copy of the law subdivision 5 highlighted and tell them to follow the **** law, after all, they're cops.
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Re: Permit to purchase waiting time.

Postby RobD on Wed Oct 21, 2009 5:19 am

mnglocker wrote:It's seven calendar days. You drop it off at 4pm on a Wednesday, they need to have it in your hands by 4pm the following Tuesday.


State statute 624.7131 subdivision 5 ensures the permitee will be provided with a permit or notified of a denial of permit within a 7 day period. When the permit is ready, the applicant will be notified by telephone.


Bring in a copy of the law subdivision 5 highlighted and tell them to follow the ******* law, after all, they're cops.


That should go over well....
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Re: Permit to purchase waiting time.

Postby mnglocker on Wed Oct 21, 2009 5:35 am

Just use more polite words than I may.... ;) But seriously, bringin the law, printed out with the sudivision highlighted.
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Re: Permit to purchase waiting time.

Postby RobD on Wed Oct 21, 2009 5:40 am

mnglocker wrote:Just use more polite words than I may.... ;) But seriously, bringin the law, printed out with the sudivision highlighted.


Unfortunately, given St. Paul's track record, I'm sure they are well aware of the law, and just don't care. A Lawyer's letter might get them in gear, but they know there's no damages they can be sued for...

This is my problem with the time frame set by the statutes, there are no consequences for failure to uphold the statute.

But you are right... A polite face to face with a CO couldn't hurt, I just wouldn't expect it to do much good.
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Re: Permit to purchase waiting time.

Postby hammAR on Wed Oct 21, 2009 5:45 am

This should help you 624.7131 TRANSFEREE PERMIT; PENALTY. and should be in the REFERENCE section...

624.7131 TRANSFEREE PERMIT; PENALTY.
Subdivision 1.Information.

Any person may apply for a transferee permit by providing the following information in writing to the chief of police of an organized full time police department of the municipality in which the person resides or to the county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

The statements shall be signed and dated by the person applying for a permit. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

Subd. 2.Investigation.

The chief of police or sheriff shall check criminal histories, records and warrant information relating to the applicant through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.

Subd. 3.Forms.

Chiefs of police and sheriffs shall make transferee permit application forms available throughout the community. There shall be no charge for forms, reports, investigations, notifications, waivers or any other act performed or materials provided by a government employee or agency in connection with application for or issuance of a transferee permit.

Subd. 4.Grounds for disqualification.

A determination by the chief of police or sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon shall be the only basis for refusal to grant a transferee permit.

Subd. 5.Granting of permits.

The chief of police or sheriff shall issue a transferee permit or deny the application within seven days of application for the permit. The chief of police or sheriff shall provide an applicant with written notification of a denial and the specific reason for the denial. The permits and their renewal shall be granted free of charge.

Subd. 6.Permits valid statewide.

Transferee permits issued pursuant to this section are valid statewide and shall expire after one year. A transferee permit may be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except that all renewed permits must comply with the standards adopted by the commissioner under section 624.7151. Permits issued pursuant to this section are not transferable. A person who transfers a permit in violation of this subdivision is guilty of a misdemeanor.

Subd. 7.Permit voided.

The transferee permit shall be void at the time that the holder becomes prohibited from possessing a pistol under section 624.713, in which event the holder shall return the permit within five days to the issuing authority. Failure of the holder to return the permit within the five days is a misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.

Subd. 8.Hearing upon denial.

Any person aggrieved by denial of a transferee permit may appeal the denial to the district court having jurisdiction over the county or municipality in which the denial occurred.

Subd. 9.Permit to carry.

A valid permit to carry issued pursuant to section 624.714 constitutes a transferee permit for the purposes of this section and section 624.7132.

Subd. 10.Transfer report not required.

A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.

Subd. 11.Penalty.

A person who makes a false statement in order to obtain a transferee permit knowing or having reason to know the statement is false is guilty of a gross misdemeanor.

Subd. 12.Local regulation.

This section shall be construed to supersede municipal or county regulation of the issuance of transferee permits.
History:

1977 c 349 s 4; 1986 c 444; 1992 c 571 art 15 s 5,6; 1993 c 326 art 1 s 28-30; 1994 c 618 art 1 s 41,42; 1994 c 636 art 3 s 29-31; 1998 c 254 art 2 s 67; 2003 c 28 art 2 s 34; 2009 c 139 s 4
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