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624.7132
Statute ID:
1983
Statute Function ID:
18879
Weapon-Report of Transfer 624.7132 through 624.7132 13 describe requirements for transfer
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
624.7132
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 1859
Expiration Date:
Repealed?:
No
Summary Text:
Weapon-Report of Transfer 624.7132 through 624.7132 13 describe requirements for transfer
Statute ID:
1983
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Weapon-Report of Transfer 624.7132 through 624.7132 13 describe requirements for transfer
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/624/7132.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Subdivision 1. 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: (1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee; (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee; (3) 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; (4) 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 (5) 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 (3) 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. 4. 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 30 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 waiting period. The chief of police or sheriff may waive all or a portion of the waiting period in writing if the chief of police or sheriff: (1) determines the proposed transferee is not disqualified prior to the waiting period concluding; or (2) 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. Prior to modifying the waiting period under the authority granted in clause (2), the chief of police or sheriff must first determine that the proposed transferee is not prohibited from possessing a firearm under state or federal law. 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 30 business days after delivery of the agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered to the transferee, unless the transferor knows the transferee is ineligible to possess a pistol or semiautomatic military-style assault weapon. Subd. 15. (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. This section shall be construed to supersede municipal or county regulation of the transfer of pistols.
