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TrenPT

Sale of a gun

10 posts in this topic

I have another individual intersted in buying a gun that I am the registered owner of. What kind of information do I need to get, or are there forms I need to fill out? Any feedback is appreciated. Thanks.

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There is no firearm registration. When you buy a firearm from a dealer your info is run through the BCS to make sure your legal to own a firearm. After so long, I forget the time period, that information is supposed to be destroyed. As for private transactions, there is no paperwork involved. Personally I would have a bill of sale made, just to cover my own liability.

JEV

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Get a bill of sale signed by both parties with contact information.

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if the buyer has a felony it is illegal for you to sell it to that individual. So make sure you trust them.

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http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current&section=609.66

Subd. 1f. Gross misdemeanor; transferring a 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.

http://ros.leg.mn/bin/getpub.php?type=s&num=624.7132&year=2007

if that helps at all...

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Yadda yadda yadda.

Pretty sad world we've created. tongue.gif

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Only a partial answer. Depends on whether it is a rifle, shotgun, pistol or a SAMSAW

REPORT OF TRANSFER OF PISTOL OR SAMSAW - Minn. Stat. §624.7132 Gross

Misdemeanor, Felony Possible

1. A person;

2. Who transfers a pistol or a semiautomatic military-style assault weapon;

3. Must obtain name, residence, telephone number, driver’s license number, sex, date of

birth, height, weight and color of eyes and distinguishing physical characteristics;

4. A release form authorizing release eligibility data to local police;

5. A statement that the proposed transferee is not a prohibited person;

6. Report above data to police no later than three days after the agreement to transfer;

7. No transfer shall occur until five business days after the above data has been transmitted

to the local police authorities.

The above acts are not required if:

1. The weapon is an antique firearm held as a curiosity or for historical purposes;

2. The transfer is to a federally licensed firearms dealer, ordered by a court, an involuntary

transfer, occurs at death; or

3. A. Transfer by a person other than a federally licensed firearms dealer;

B. A loan intended to last less than one day;

C. For purposes of repair, reconditioning or remodeling;

D. Loan by teacher to a student in a marksmanship or safety training course;

E. Loan between persons at a firearms collectors exhibition;

F. Persons lawfully engaged in hunting if the loan lasts less than 12 hours;

G. Police officers;

H. Employees and employer if the employee has a valid carry permit.

TRANSFER TO UNKNOWN PARTY - Minn. Stat. §624.7132 Subd. 14 Misdemeanor

1. No person;

2. Shall transfer a pistol or semiautomatic military-style assault weapon to another who is

not personally known to the transferor;

3. Unless the proposed transferee presents evidence of identity to the transferor;

and

4. No person;

5. Who is not personally known to the transferor;

6. Shall become a transferee of a pistol or semiautomatic military-style assault weapon

unless the person presents evidence of identity to the transferor.

The evidence of identity shall contain the name, residence address, date of birth, and photograph

of the proposed transferee; must be made or issued by or under the authority of the United States

government, a state, a political subdivision of a state, a foreign government, a political

subdivision of a foreign government, an international governmental or an international

quasi-governmental organization; and must be of a type commonly accepted for the purpose of

identification of individuals.

TRANSFER OF A PISTOL OR SEMIAUTOMATIC MILITARY-STYLE ASSAULT

WEAPONS TO AN INELIGIBLE PERSON - Minn. Stat. §624.7141 Subd. 1 Gross

Misdemeanor, Felony possible

1. A person;

2. Intentionally transfers a pistol or semiautomatic military-style assault weapon (rifles and

shotguns are not covered);

3. A person knows that the transferee:

A. Has been denied a permit to carry because the transferee is ineligible under Minn.

Stat. §624.713; or

B. Been found to be ineligible to possess a pistol or semiautomatic military-style

assault rifle by a chief of police or sheriff as the result of an application for a

transferee permit or a transfer report; or

C. Is disqualified under Minn. Stat. §624.713 from possessing a pistol or

semiautomatic military-style assault weapon.

A violation of this section is a felony if the transferee possesses or uses the weapon within one

year after the transfer in furtherance of a felony crime of violence.

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It is not just a felony conviction that can prohibit a person from possessing a firearm. The following can be the basis for a person from not being able to legally possess a firearm:

Convicted of Crime of Violence

Pretrial Diversion Crime of Violence

Convicted of Violating an OFP

Convicted of Assault I-IV

Pending Crime of Violence or Any Felony

Convicted of Felony Level Offense

Convicted of Domestic Assault in Minn.

Currently Subject of OFP

Convicted of Domestic Assault in Another

State

Convicted of Domestic Assault

involving Firearm

Convicted of Stalking

Convicted of Prior Poss. Pistol W/O Permit

Violate Conditions of Permit to Carry

Under Age of 18

Under Age of 21

Convicted of Dangerous Weap. Viol.

Confined/Committed Chem. Dependent

Confined/Committed Mentally Ill

Unlawful user of Controlled Substance

Under the influence of alcohol or drugs

Evidence of alcohol or drug usage

Convicted of Misd. or above drug crime

Fugitive - any outstanding warrants

Non-resident alien

Illegal alien

Dishonorably discharged veteran

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I forgot to put the type of gun. It is a shotgun, Browning Gold Hunter, semi-auto. Therefore, I believe it does not fall under the "military assult" catagory. I appreciate all the assistance in this matter.

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Tren:

The MN firearms laws in Section 624 apply to ALL firearms, NOT JUST pistols or assault weapons. Note that this is DESPITE the fact that 624.711 is still on the books and states that 624 does not apply to shotguns or hunting rifles.

State v. Dendy, 598 N.W.2d 4 (Minn. App. 1999)

Blair

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