Permit to Purchase

[ShaneInMN]

In Carver County I went in on 12/31/12 and filled out my application, I had the permit in my mailbox on 1/9/13, postmarked on 1/8/13. There were 4 people there in front of me applying for PTP, which I can only imagine throughout the day there were plenty more. I know they were doing quite a few. So 5 business days on mine (I guess, if we're talking M-F excluding New Years Day.)

[PsychoDad]

The law is specific and does not say 7 business days. It learly says "within 7 days"

[Sarge_44]

Just got mine yesterday. Exactly 7 business days.

[Baja Bum]

Good deal...what are you looking to get?

[Sarge_44]

Already have the Ruger SR9 on hold.

[PsychoDad]

If you look at https://www.revisor.mn.gov/statutes/?id=624.7131 subd 5 it states withing 7 days. Then at the end of the section. Subd. 12.Local regulation.This section shall be construed to supersede municipal or county regulation of the issuance of transferee permits. NO city has the right to take more than 7 days....

[plblark]

but it has no teeth to enforce it except for suing them ... and there's no provision for them paying your legal fees to force them to do their job ...

[PsychoDad]

Im working on a fix for it right now. With all the crap going on with our &%@#ed up government they dont need any bad publicity. I have a buddy that works at KTLK FM

[PsychoDad]

statute 624.7131 Subd. 4.Delivery.
Except as otherwise provided in subdivision 7 or 8, no person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five business days after the date the agreement to transfer is delivered to a chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the seven-day waiting period. The chief of police or sheriff may waive all or a portion of the five business day waiting period in writing if the chief of police or sheriff finds that the transferee requires access to a pistol or semiautomatic military-style assault weapon because of a threat to the life of the transferee or of any member of the household of the transferee.

This sets a precedent that it must be stated if they mean business days. Thank you Brandt Criminal Defense (gun rights lawyers) for helping me out.
7 calendar days. This state statute does overrule any municipal or county regulation of the issuance of transferee permits. 624.7131 subd 12
Any city or county that does not issue or deny within 7 calendar days is violating your second Amendment rights.

[XDM45]

In Feb 2012, I got my PTP in about 2-3 weeks. Whatever. I got it. It sucks that it took so long, but if someone is in a hurry to get PTP, they should probably have planned better by getting it before they needed it and saw that chance gun they wanted to buy and had to get at that moment or lose the deal, or some such thing like that. Yeah, it's the law and they should follow it, but we probably all break the law every day doing things that are very minor, yet still illegal, infractions.

Get a PTP, suffer the wait, get a PTC and you are good to carry and purchase for 5 years. Problem solved as long as you renew in time before expiration.

It took me 11 business days (16 days overall) for me to actually get my PTC from the application date.Not bad. The funny thing is, both my driver's license and my PTC address were both wrong and both didn't even match the other in their wrongness. It took me 2 weeks to get the fixed driver license with the correct address and when I went to Scott County to get the address fixed on the PTC, they just printed the new card while I waited. I turned in my incorrect one to them on the spot as well.

I feel what everyone is saying about how it's the law and we should legally have a PTC within 7 business days or whatever, but still, there's bigger battles to fight.

[PsychoDad]

what we should have a do have isnt the issue. Its that the office issuing the permit need to follow the rules like everyone else. Right now the Mendota Heights Chief of Police is violating my rights.

[XDM45]

what we should have a do have isnt the issue. Its that the office issuing the permit need to follow the rules like everyone else. Right now the Mendota Heights Chief of Police is violating my rights.

1) I agree. It 's an is-ought issue. That is how it OUGHT to be, but this is how it IS.

2) I agree they are violating your rights based on the statute and what you said here.

3) I agree that legally you are in the right and they are in the wrong, but the question now becomes what are you going to do about it? Sue them?

Let's say you do sue them for violating your rights, you win the case, and they overnight your PTP to you, all good, right? You won the case, made a legal and principled point too. All good.

Now you'll need to sue them for the legal fees and any related expenses to that lawsuit case so you can recover any monies you've spent to win your PTP; and you'll also want to sue them for the same costs you'll incur in the current case suing them for the previous case. Now you may win some, none, or all legal fees, expenses, etc.In the end, even if you "win", you still lose time and effort, neither of which can be replaced for ANY amount of money.

Let's say you win all the money back, every last cent and you break even money-wise, there's still the time, stress, and effort, that still can''t be replaced. If you don't win any money back or only some money back, then you will have paid for a PTP, something no one does, so you won in one way, but you lost in another. It just doesn't make sense to spend a dollar to make a nickel.

I'm not saying don't fight, hey, it's your money. I wish I was your lawyer (or a lawyer) because I'd be rolling in the bucks get paid on both ends for this one. I'm saying wait it out, pick your battles wisely, etc. The only real winners in this case (or any case) is the lawyers.

I should have been a lawyer.. (problem is I have a soul and want to keep it intact....)

"What? You're getting married? Better get a pre-nuptial agreement." Pay me.
"What? You're getting a divorce? Well...... I can represent you in that." Pay me.

Lawyers are the epitome of the saying "Don't dig for gold, sell the pick axe." because whether the miner strikes gold or not, the seller of the axe still got paid.

I feel for anyone who is going through this, believe me, I'm not cold, heartless or blind to the injustice of it all, but that's why I said, pick your battles.

[ShaneInMN]

The 7 day wait period is BS in my mind. I moved up to MN from Georgia 8 years ago. I can't say every change has been for the better, but at least we're not in Hawaii. They're waiting 14 days. How ridiculous is that?

I agree with XDM45 on all of us getting our PTC. Not only does it give us 5 years of purchasing permission, but it would be good in general to have it. I plan on getting mine sometime this year, along with taking various other firearms classes.

[XDM45]

The 7 day wait period is BS in my mind. I moved up to MN from Georgia 8 years ago. I can't say every change has been for the better, but at least we're not in Hawaii. They're waiting 14 days. How ridiculous is that?

I agree with XDM45 on all of us getting our PTC. Not only does it give us 5 years of purchasing permission, but it would be good in general to have it. I plan on getting mine sometime this year, along with taking various other firearms classes.

I recommend DonL on this board for the classes. I took my PTC course with him and will again in 2017. I also need to get in on some of his other courses for holster work, defensive handgun, etc.

[ShaneInMN]

I'm going to take mine through Joe Penaz with Plane Cents, he was recommended by a close friend and also Cabin Fever out in Victoria. I believe he also has good deals on couples, so my spouse can get hers for a minimal cost more.