In Minnesota, if a person wishes to acquire a handgun or semiautomatic military-style assault weapon from a federally licensed dealer but does not have a transferee permit or a permit to carry a handgun, Minnesota law generally requires the dealer to file a report with the local police chief or sheriff, who then performs a background check.1
Minnesota does not require firearm sellers to retain information about firearm sales or report such sales to a centralized state agency. All data pertaining to the purchase or transfer of firearms which are collected by state agencies, political subdivisions or statewide systems pursuant to Minnesota law (governing firearm transfers, possession and carrying) are classified as “private.”2 Thus, this data is not available to the public, but is accessible to the subject of the data.3
Minnesota allows a person who has received a handgun or semiautomatic military-style assault weapon from a federally licensed dealer to submit a request to the police chief or sheriff who processed the transfer that no record be maintained of the transfer unless the transfer to the dealer was to facilitate a private transaction.4 If the police chief or sheriff receives such a request, he or she must return the report of the transfer to that person as soon as possible. Thereafter, no state government employee or agency may maintain a record of the transfer that identifies the transferee.5
As of August 1, 2023, when two unlicensed persons complete the transfer of a handgun or assault weapon, the transferor and transferee must complete a record of transfer on a form provided by the Bureau of Criminal Apprehension.6 Each page of the record of transfer must be signed and dated by the transferor and the transferee and contain the serial number of the weapon. The record of transfer must contain the following information:
- A clear copy of each person’s current state or federally issued identification;
- A clear copy of the transferee permit presented by the transferee;
- A signed statement by the transferee swearing that the transferee is not currently prohibited by state or federal law from possessing a firearm;
- The type of handgun or assault weapon;
- The manufacturer, make, and model of the handgun or assault weapon; and
- The handgun or assault weapon’s manufacturer-assigned serial number.
Both the transferor and the transferee must retain a copy of the record of transfer and any attachments to the record of transfer for 10 years from the date of the transfer.7
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- Minn. Stat. § 624.7132, subd. 1, 2; see also Minn. Stat. § 624.7132, subd. 12(1) (exempting private sellers from this requirement, however, as of August 1, 2023, purchasers of handguns and assault weapons from private sellers are required to have a transferee permit or concealed carry permit.).
- Minn. Stat. § 13.87, subd. 2.
- Minn. Stat. § 13.02, subd. 12.
- Minn. Stat. §§ 624.7132, subd. 10; 624.7134, subd. 3(e).
- Minn. Stat. § 624.7134, subd. 4.