Transferring a C&R Handgun in MN

[photogpat]

I've looked this up a couple of places - if I have a legitimate C&R handgun (ie. WWI Colt 1917) -- if I give it as a gift to someone in MN, does that person need to get a permit to purchase for the transfer to be legal if they're not otherwise prohibited (not a felon, etc...)?

I know what the "best" option is, PTP/PTC (as I have one myself) - but I found this in the statutes:

624.7132 REPORT OF TRANSFER.
Subd. 12. Exclusions. Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers by order
of court, involuntary transfers, transfers at death or the following transfers:

*emphasis mine*

I wouldn't ask, and just have him get a purchase permit, but I'm trying to come up with a retirement present for someone who's always wanted it, but never got it...I'm just looking to do it with a minimum of hassle on his end, and keep it a surprise for the party.

Thoughts? Does this mean that C&R handguns would be excluded from the requirements?

[Bessy]

Someone who is in the know may correct me. I believe that private transfers of handguns regardless of whether or not they are C&R, do not require a permit to purchase/ ptc. I've never run into this issue because most people demand you present a PTC or PP, if for no other reason then to verify you are not a criminal. So to answer your question, I don't believe it's a legal requirement for private sale, but it's a dam good idea. I wouldn't sell a pistol to anyone unless I saw a pp or a ptc.

[photogpat]

Yeah, I know that...its my dad though...I just want to know if I have to have him trot out to the local PD or not.

[Bessy]

Yeah, I know that...its my dad though...I just want to know if I have to have him trot out to the local PD or not.

And how exactly do you know your father didn't kill that hooker in nashville before you born?

[870TC]

No permit required, can only sell to people in your own state or to a FFL holder. Seeing a permit is a good idea, as you can be held liable (criminally) if you transfer a firearm to someone that's not supposed to have one. Especially if they go do something naughty with it.

[photogpat]

Well -- there was that time in Baton Rouge...

[onebohemian]

I was under the belief that the C&R license requires a person holding the license to list all C&R guns in his book, and that when a gun on that list is transferred, the book needed to show the gun went to another C&R holder. I thought this was needed because of the way in which the C&R holder acquired the gun in the first place -- i.e., via his C&R FFL03 license instead of via a FFL1 license. Thoughts?

[David]

That's true if he used his FFL03 to get the gun in the first place, but he might not even have one. Photogpat, do you have an FFL03 and did you use it to get this gun?

[photogpat]

Not for this one...no...it would not have been acquired via an 03

[Bessy]

I was under the belief that the C&R license requires a person holding the license to list all C&R guns in his book, and that when a gun on that list is transferred, the book needed to show the gun went to another C&R holder. I thought this was needed because of the way in which the C&R holder acquired the gun in the first place -- i.e., via his C&R FFL03 license instead of via a FFL1 license. Thoughts?

I don't think this is right, I thought a c&r holder could sell his guns to anyone he choose including private parties provided the private parties were in the same state as the C&R holder. You have to list the sale in the book, but it doesn't have to go to a c&r holder.

[onebohemian]

I was under the belief that the C&R license requires a person holding the license to list all C&R guns in his book, and that when a gun on that list is transferred, the book needed to show the gun went to another C&R holder. I thought this was needed because of the way in which the C&R holder acquired the gun in the first place -- i.e., via his C&R FFL03 license instead of via a FFL1 license. Thoughts?

I don't think this is right, I thought a c&r holder could sell his guns to anyone he choose including private parties provided the private parties were in the same state as the C&R holder. You have to list the sale in the book, but it doesn't have to go to a c&r holder.

I did a little research and I think Bessy's clarification is correct. An 03 licensee is supposed to be able to transfer his collector guns to folks in-state allowed to own guns and to other licensees outside of state.

[1911fan]

Even if he is a an 03, and bought the gun as an 03, if the purpose of the sale is to "further his collection" then he has no restrictions.

Seeing as he said the gun was not bought on an 03, and the person is his father, (provided he is a legal MN resident and not otherwise a prohibited person, there is no restriction on the sale, and no reporting or recording required.

[Notch]

if you have a 3ffl you need to log any C and R purchase into your book regardless of using your license or not to get the firearm. You would of course have to log in the disposal of the firearm too... But neither of these should pose any problem at all.