Police Chief Explains New Minnesota Gun Transfer Law

(KNSI) — A new Minnesota law now requires universal background checks for private party transfers of pistols, handguns and semiautomatic military-style rifles.

It’s part of strict gun control legislation passed by lawmakers this session and signed by Governor Tim Walz to reduce gun-related violence.

Under the law, anyone buying a pistol or a semiautomatic weapon from a private citizen will also need a permit to purchase from their local police department or a permit to carry from their sheriff’s office. They must go to a federal firearms licensed dealer for a background check if they don’t have either. If someone already possesses a valid Minnesota permit to carry, there is no need to apply for a separate permit to purchase. The timeframe for a police chief or sheriff to grant or deny a transferee permit has also been extended from a week to 30 days.

St. Cloud Police Chief Jeff Oxton explained to KNSI News why a person’s gun transfer could be rejected. “There’s basically three criteria that we look at when doing that. One, they’re not prohibited by state or federal law from possessing a pistol or military-style weapon. The second is they’re determined not to be a danger to themselves or the public when in possession. And the third is that they’re not part of a criminal gang.”

He says the law should give sellers confidence the gun they’re selling isn’t going into the hands of someone who shouldn’t have it.

After the sale, Chief Oxton says both the buyer and seller must fill out and hold on to some documents.

“It’s a couple page form that the BCA has on their site called the private party record of transfer. It just needs to be completed, filled out, signed and then retained by each of the parties – the seller and the buyer – for ten years, and then they’re good.”

A copy of both the seller’s and the buyer’s identification, a copy of the transferee’s permit, and a description of the gun, including the serial number, must also be kept.

The statute has numerous exceptions, including transfers between immediate family members, which means spouses, domestic partners, parents, children, siblings, grandparents and grandchildren.

Find the forms by clicking here.

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