624.7131 TRANSFEREE PERMIT; PENALTY.
Subdivision 1. Information.
Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there is no
such local chief of police:
(a) the name, residence, telephone number and driver's license number or nonqualification
certificate number, if any, of the proposed transferee;
(b) the sex, date of birth, height, weight and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(c) a statement that the proposed transferee authorizes the release to the local police authority
of commitment information about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to the proposed transferee's eligibility
to possess a pistol or semiautomatic military-style assault weapon under section
(d) a statement by the proposed transferee that the proposed transferee is not prohibited by
from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the time
of application, the local police authority shall provide the applicant with a dated receipt for the
application. The statement under clause (c) must comply with any applicable requirements of
Code of Federal Regulations, title 42, sections
, with respect to consent to disclosure
of alcohol or drug abuse patient records.
Subd. 2. Investigation.
The chief of police or sheriff shall check criminal histories, records
and warrant information relating to the applicant through the Minnesota crime information
system and the national criminal record repository and shall make a reasonable effort to check
other available state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services as provided in section
Subd. 3. Forms.
Chiefs of police and sheriffs shall make transferee permit application forms
available throughout the community. There shall be no charge for forms, reports, investigations,
notifications, waivers or any other act performed or materials provided by a government employee
or agency in connection with application for or issuance of a transferee permit.
Subd. 4. Grounds for disqualification.
A determination by the chief of police or sheriff
that the applicant is prohibited by section
from possessing a pistol or semiautomatic
military-style assault weapon shall be the only basis for refusal to grant a transferee permit.
Subd. 5. Granting of permits.
The chief of police or sheriff shall issue a transferee permit
or deny the application within seven days of application for the permit. The chief of police or
sheriff shall provide an applicant with written notification of a denial and the specific reason for
the denial. The permits and their renewal shall be granted free of charge.
Subd. 6. Permits valid statewide.
Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the same
manner and subject to the same provisions by which the original permit was obtained, except that
all renewed permits must comply with the standards adopted by the commissioner under section
. Permits issued pursuant to this section are not transferable. A person who transfers a
permit in violation of this subdivision is guilty of a misdemeanor.
Subd. 7. Permit voided.
The transferee permit shall be void at the time that the holder
becomes prohibited from possessing a pistol under section
, in which event the holder
shall return the permit within five days to the issuing authority. Failure of the holder to return
the permit within the five days is a misdemeanor unless the court finds that the circumstances
or the physical or mental condition of the permit holder prevented the holder from complying
with the return requirement.
Subd. 8. Hearing upon denial.
Any person aggrieved by denial of a transferee permit may
appeal the denial to the district court having jurisdiction over the county or municipality in
which the denial occurred.
Subd. 9. Permit to carry.
A valid permit to carry issued pursuant to section
constitutes a transferee permit for the purposes of this section and section
Subd. 10. Transfer report not required.
A person who transfers a pistol or semiautomatic
military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to
this section or a valid permit to carry issued pursuant to section
is not required to file
a transfer report pursuant to section
624.7132, subdivision 1
Subd. 11. Penalty.
A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a gross misdemeanor.
Subd. 12. Local regulation.
This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.
History: 1977 c 349 s 4; 1986 c 444; 1992 c 571 art 15 s 5,6; 1993 c 326 art 1 s 28-30;
1994 c 618 art 1 s 41,42; 1994 c 636 art 3 s 29-31; 1998 c 254 art 2 s 67; 2003 c 28 art 2 s 34