How to Sell a Gun in Minnesota
Selling a gun in Minnesota requires knowledge of the state’s laws to ensure gun owners are in compliance and don’t make any mistakes. The state of Minnesota has numerous laws concerning the ownership, transfer and the carrying of firearms. If you’re considering selling a gun to another individual, make sure you’re up to speed with the laws that regulate sales and transfers to ensure you’re in compliance and not breaking any laws.
The following information is compiled from the Minnesota Legislative Reference Library.
In contrast to the provisions governing sales by licensed dealers, there is no provision in federal or Minnesota law that requires background checks, record-keeping or location restrictions for firearms transfers between private individuals who are not a Federal Firearm Licensed dealer, other than certain federal law restrictions pertaining to acquiring or disposing of firearms across state lines.
Federal law authorizes an unlicensed individual (a non-FFL) who is not a prohibited person to sell a firearm (handgun, rifle or shotgun) to an unlicensed resident of his or her own state, as well as to loan or rent a firearm to a nonresident of the state for temporary use for lawful sporting purposes, provided that:
- The transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing firearms under federal or state law;
- The sale, delivery and receipt fully comply with the laws of both states; and
- The transferor and transferee meet in person to make the transfer.
Federal law also provides that an unlicensed individual may sell or transfer a firearm to an FFL in any state but is prohibited from transferring interstate to a licensed collector any firearm other than a curio or relic.
Minnesota State Firearm Ownership Restrictions
The following disqualifies a person in Minnesota from purchasing a firearm.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
MINNESOTA SPECIFIC DISQUALIFIERS (in addition to the above federal disqualifiers)
Generally, Minnesotans may possess and use firearms unless otherwise prohibited by state or federal law, or unless ordered by a court of law. However, both Minnesota and federal law prohibit certain categories of persons from possessing firearms. State and federal law overlap considerably in their definitions of those categories. The following describes Minnesota law on the possession of firearms in detail, including a description of federal law, as appropriate. The Minnesota Gun Control Act prohibits several categories of people from possessing, receiving, transferring, or shipping firearms. Minnesota has also adopted some federal categories of firearms-prohibited persons from the federal Gun Control Act.
Under Minnesota law, those prohibited from having firearms include the following:
- Youth under age 18.
- Convicted felon.
- Mentally ill individuals.
- Illegal drug users.
- Chemically dependent individuals.
- Peace officers admitted for chemical dependency treatment.
- People charged with a crime of violence.
- Domestic violence offenders.
- Illegal aliens.
- Those dishonorably discharged from the armed services.
- People who have renounced their citizenship.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 03/27/20 from https://www.leg.state.mn.us/docs/2012/other/121270.pdf