2006 Minnesota Statutes

624.7132 REPORT OF TRANSFER.
    Subdivision 1. Required information. Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault
weapon shall report the following information in writing to the chief of police of the organized
full-time police department of the municipality where the proposed transferee resides or to the
appropriate 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 624.713,
subdivision 1 ;
(d) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(e) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The report
shall be delivered by the transferor to the chief of police or sheriff no later than three days after
the date of the agreement to transfer, excluding weekends and legal holidays. The statement under
clause (c) must comply with any applicable requirements of Code of Federal Regulations, title 42,
sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
    Subd. 2. Investigation. Upon receipt of a transfer report, the chief of police or sheriff shall
check criminal histories, records and warrant information relating to the proposed transferee
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 245.041.
    Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon. The notification to the transferee shall specify the grounds for the
disqualification of the proposed transferee and shall set forth in detail the transferee's right of
appeal under subdivision 13.
    Subd. 4. Delivery. Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until five
business days after the date the agreement to transfer is delivered to a chief of police or sheriff in
accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the
seven day waiting period. The chief of police or sheriff may waive all or a portion of the five
business day waiting period in writing if the chief of police or sheriff finds that the transferee
requires access to a pistol or semiautomatic military-style assault weapon because of a threat to
the life of the transferee or of any member of the household of the transferee.
No person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed
transferee after receiving a written notification that the chief of police or sheriff has determined
that the proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon.
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered
to the transferee.
    Subd. 5. Grounds for disqualification. A determination by the chief of police or sheriff that
the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon shall be the sole basis for a notification of disqualification under
this section.
    Subd. 6. Transferee permit. If a chief of police or sheriff determines that a transferee is not
a person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon, the transferee may, within 30 days after the determination, apply to that chief of
police or sheriff for a transferee permit, and the permit shall be issued.
    Subd. 7.[Repealed, 1994 c 636 art 3 s 46]
    Subd. 8. Report not required. If the proposed transferee presents a valid transferee permit
issued under section 624.7131 or a valid permit to carry issued under section 624.714, the
transferor need not file a transfer report.
    Subd. 9. Number of pistols or semiautomatic military-style assault weapons. Any
number of pistols or semiautomatic military-style assault weapons may be the subject of a
single transfer agreement and report to the chief of police or sheriff. Nothing in this section or
section 624.7131 shall be construed to limit or restrict the number of pistols or semiautomatic
military-style assault weapons a person may acquire.
    Subd. 10. Restriction on records. If, after a determination that the transferee is not a person
prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault
weapon, a transferee requests that no record be maintained of the fact of who is the transferee of
a pistol or semiautomatic military-style assault weapon, the chief of police or sheriff shall sign
the transfer report and return it to the transferee as soon as possible. Thereafter, no government
employee or agency shall maintain a record of the transfer that identifies the transferee, and the
transferee shall retain the report of transfer.
    Subd. 11. Forms; cost. Chiefs of police and sheriffs shall make transfer report 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 a 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:
(a) a transfer by a person other than a federally licensed firearms dealer;
(b) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;
(c) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the
purpose of repair, reconditioning or remodeling;
(d) a loan by a teacher to a student in a course designed to teach marksmanship or safety with
a pistol and approved by the commissioner of natural resources;
(e) a loan between persons at a firearms collectors exhibition;
(f) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;
(g) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and
(h) a loan between employees or between the employer and an employee in a business if the
employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of
employment and is the holder of a valid permit to carry a pistol.
    Subd. 13. Appeal. A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon may appeal the determination as provided in this subdivision. The
district court shall have jurisdiction of proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a pistol or semiautomatic
military-style assault weapon by section 624.713.
    Subd. 14. Transfer to unknown party. (a) No person shall transfer a pistol or semiautomatic
military-style assault weapon to another who is not personally known to the transferor unless the
proposed transferee presents evidence of identity to the transferor.
(b) No person who is not personally known to the transferor shall become a transferee of
a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
(c) 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.
(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
    Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person who does
any of the following is guilty of a gross misdemeanor:
(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;
(2) transfers a pistol or semiautomatic military-style assault weapon to a person who has
made a false statement in order to become a transferee, if the transferor knows or has reason to
know the transferee has made the false statement;
(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a person under the
age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a person under the
age of 18 who has made a false statement in order to become a transferee, if the transferor knows
or has reason to know the transferee has made the false statement.
    Subd. 16. Local regulation. This section shall be construed to supersede municipal or
county regulation of the transfer of pistols.
History: 1977 c 349 s 5; 1985 c 144 s 2; 1986 c 444; 1992 c 571 art 15 s 7; 1993 c 326
art 1 s 31; 1994 c 576 s 57; 1994 c 618 art 1 s 43,44; 1994 c 636 art 3 s 32-37; 1996 c 305
art 1 s 122; 1998 c 254 art 2 s 68