Handgun Transfer Legalities

[minnesotagunner]

After searching around I came up with a few different threads on similar subjects, but nothing that specifically pertains to my question.

I had always heard that a person may legally buy a handgun via private sale if they are 18 and from a FFL if they are 21 and have a permit to purchase. This makes it all a bit hard to understand.

After reading the other threads I came to the conclusion that private handgun sales in MN do not require a transfer permit if you know the person, know they arent going to commit a crime with the firearm, and are legally allowed to own it. I understood that, while verifying that the buyer has a permit to purchase will help simplify the process, it is not a necessity for the buyer to have a PTP if the criteria are met.

So, a permit to purchase is not required for a private sale? It is legal for someone age 18-20 to have a handgun transferred to them (not having a permit to purchase).

Is it legal for a parent (21+) with a permit to purchase, to buy a firearm as a gift for someone 18-20 without a permit to purchase? Would there need to be transfer papers for something like that?

I'm not looking for loop-holes here, I'm just trying to get a better understanding of the law because, as it seems with most laws / regulations, there is a lot of grey area.

[bulletproof]

So, a permit to purchase is not required for a private sale? It is legal for someone age 18-20 to have a handgun transferred to them (not having a permit to purchase).

They can buy it in a private sale, but can not have it transferred.

Is it legal for a parent (21+) with a permit to purchase, to buy a firearm as a gift for someone 18-20 without a permit to purchase? Would there need to be transfer papers for something like that?

Straw buying is illegal. A parent could buy a firearm for themselves and at a later date sell it in a private transfer or gift it to someone 18-20.

It seems like you have a fair grasp of everything and have done your homework.

[minnesotagunner]

So I guess my question in response to the first statement is, what exactly is the difference between a private sale and transferring?

MY understanding on the parent buying for their child child situation, is that it isnt a straw purchase if the parent is paying for it with their own money (ie. the kid isnt giving the money to the parent to buy it for them). This however is one of the more sketchy grey area situations Ive ran into.Ive heard some people say its completely legal, while others insist its a straw purchase.

You see all the time, where a dad buys a youth gun for their child or a husband gets his wife a handgun for protection so I've always wondered how these sorts of things tied in with the straw purchase laws.

[MrVvrroomm]

I came to the conclusion that private handgun sales in MN do not require a transfer permit if you know they arent going to commit a crime with the firearm...

Wait, what?

[minnesotagunner]

I came to the conclusion that private handgun sales in MN do not require a transfer permit if you know they arent going to commit a crime with the firearm...

Wait, what?

609.66 DANGEROUS WEAPONS.
Subd. 1f.Gross misdemeanor; transferring firearm without background check.

A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.



From this thread: viewtopic.php?f=52&t=28170&st=0&sk=t&sd=a&hilit=handgun+transfer

[Holland&Holland]

So, a permit to purchase is not required for a private sale? It is legal for someone age 18-20 to have a handgun transferred to them (not having a permit to purchase).

They can buy it in a private sale, but can not have it transferred.

Is it legal for a parent (21+) with a permit to purchase, to buy a firearm as a gift for someone 18-20 without a permit to purchase? Would there need to be transfer papers for something like that?

Straw buying is illegal. A parent could buy a firearm for themselves and at a later date sell it in a private transfer or gift it to someone 18-20.

It seems like you have a fair grasp of everything and have done your homework.

Staw purchases are illegal, gifts are not.

[EAJuggalo]

So I guess my question in response to the first statement is, what exactly is the difference between a private sale and transferring?

Transferring is a specific event done with an FFL using a form 4473.

[tman]

A transfer is a transfer is a transfer.

A transferee permit is NOT required for a private sale. (It IS stlll a transfer, IMO)

[onebohemian]

Something about this thread is making my spidy-sense tingle. Probably just being paranoid.

[minnesotagunner]

Something about this thread is making my spidy-sense tingle. Probably just being paranoid.

No need for tingling.