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The trusted voice of Minnesota's Gun Owners to Defend and Restore the Right to Keep and Bear Arms

Minnesota passed Universal Background Checks during the 2023 legislative session as a part of Senate File 2909, the Omnibus Public Safety Policy & Finance Bill.

The Universal Background Check provisions take effect on August 1st, 2023.

Last updated:  August 1st, 2023

What does this law do?

This new law (effective August 1st, 2023) introduces significant changes to the process of purchasing and transferring firearms in Minnesota.

It mandates that anyone wishing to purchase or receive a pistol or semiautomatic military-style assault weapon must first apply for a permit to purchase (or a permit to carry), with disqualification criteria including being prohibited by law from possessing such a weapon, being a danger to self or public, or being listed in the criminal gang investigative data system.

The law also introduces changes to private transfers, requiring a record of transfer to be completed by both parties, which includes detailed information about the weapon and the individuals involved. This process can be bypassed by completing a transfer through a dealer/federal firearms licensee (FFL).

SVP, Government Relations Rob Doar Explains MN’s new Universal Background Check Law

Who does this law impact?

Permit to purchase applicants, anyone buying, selling, loaning, trading, gifting, or otherwise transferring pistols or modern sporting rifles (identified as “semi automatic military style assault weapon” in MN Statute 624.712

Statutes changed by this Law

This portion of the bill modifies the following Minnesota Statutes:

  • 624.713
  • 624.7132
  • 624.7134

Permit to Purchase (after 8/1/2023)

Registration

Anyone wishing to purchase or receive a pistol or semiautomatic military-style assault weapon must first register with the state by applying for a Permit to Purchase (or have a Minnesota Permit to Carry). Chiefs/Sheriffs will now have 30 days to process a Permit to Purchase application rather than 7 days.

Disqualification Criteria

The proposed transferee can be disqualified if they are prohibited by state or federal law from possessing a pistol or semiautomatic military-style assault weapon, determined to be a danger to self or the public when in possession of firearms, or listed in the criminal gang investigative data system.

Danger to Self or Public

A chief of police or sheriff can deny an application if there exists a substantial likelihood that the proposed transferee is a danger to self or the public when in possession of a firearm. The chief of police or sheriff must provide the applicant with written notification and the specific factual basis justifying the denial, including the source of the factual basis.

Reconsideration of Denial

The applicant has the right to submit any additional documentation relating to the propriety of the denial within 20 business days, but is responsible for their own legal fees, as court costs are NOT secured for wrongful denials.

Processing Limitation

A chief of police or sheriff need not process an application under this section if the person has had an application denied pursuant to the danger to self or public clause and less than six months have elapsed since the denial was issued or the person’s appeal under subdivision 13 was denied, whichever is later.

Private Transfers and Sales (after 8/1/2023)

Record of Transfer; Required Information

When two individuals without a federal firearms license (i.e. not a FFL or “dealer”) complete the transfer of a pistol or semiautomatic military-style assault weapon, they must complete a record of transfer form.

  1. Information Regarding the Transferred Weapon: The record of transfer form must contain the type of weapon, the manufacturer, make, and model of the weapon, and the weapon’s manufacturer-assigned serial number.
  2. Form Creation: The form for the record of transfer is designed and made publicly available without fee by the superintendent of the Bureau of Criminal Apprehension.  The form is available at this link.
  3. Form Information: The form must be signed and dated by both the transferor and the transferee. It must contain the serial number of the pistol or semiautomatic military-style assault weapon, a clear copy of each person’s current state or federally issued identification, a clear copy of the transferee permit (Permit to Purchase or Permit to Carry) presented by the transferee, and a signed statement by the transferee swearing that they are not currently prohibited by state or federal law from possessing a firearm.
  4. Record Maintenance: The transferor must maintain a copy of the record of transfer for a period of ten years from the date of the transfer. The transferee must maintain a copy of the record of transfer for a period of ten years from the date of the transfer.
  5. Record Surrender: Both parties involved in the transfer of a pistol or semiautomatic military-style assault weapon must produce the record of transfer when requested by a peace officer. Failure to produce this record is considered a misdemeanor.

Transfers Exempted

The law provides several exemptions where the above process does not have to be followed.

  1. Federally Licensed Firearms Dealer: Transfers by or to a federally licensed firearms dealer are exempt.
  2. Law Enforcement Agencies: Transfers by or to any law enforcement agency are exempt.
  3. Certain Professionals: Transfers to peace officers, members of the U.S. armed forces, National Guard, or Reserves, federal law enforcement officers, or security guards employed by a licensed protective agent are exempt, provided the transferee is acting within the course and scope of employment and official duties.
  4. Immediate Family Members: Transfers between immediate family members, defined as spouses, domestic partners, parents, children, siblings, grandparents, and grandchildren, are exempt.
  5. Estate or Trust Transfers: Transfers to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm are exempt.
  6. Antique Firearms: Transfers of antique firearms, as defined in section 624.712, subdivision 3, are exempt.
  7. Curios or Relics: Transfers of a curio or relic, as defined in Code of Federal Regulations, title 27, section 478.11, are exempt if the transfer is between collectors of firearms as curios or relics who each have a valid collector of curio and relics license issued by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE, aka ATF).
  8. Temporary Transfers: Temporary transfers of a firearm are exempt if the transfer is necessary to prevent imminent death or great bodily harm, and the possession lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.
  9. Auctioneers: Transfers by or to an auctioneer who is following chapter 330 and acting in their official role as an auctioneer to facilitate or conduct an auction of the firearm are exempt.
  10. Specific Temporary Transfers: Temporary transfers are exempt if the transferee’s possession of the firearm following the transfer is only at a shooting range, at a lawfully organized competition involving the use of a firearm, while hunting or trapping, at a lawfully organized educational or instructional course under the direct supervision of a certified instructor, or while in the actual presence of the transferor.

Frequently Asked Questions & Sale/Transfer Scenarios

I want to sell or transfer a firearm to a friend, what do I need to do?

  • If the firearm is a handgun or a “semi-automatic military style assault weapon” as defined under Minnesota law, you have two options:
    • Option 1:  Both of you appear in person at a Federal Firearms Licensee (a “dealer” or “FFL”)
      • Transfer the firearm through the normal process of completing a Form 4473.
      • The transferee will need to show a Minnesota Permit to Purchase or Permit to Carry.
      • The dealer will likely charge a fee for this service.
      • The dealer will keep the 4473 indefinitely as required under federal regulations (this was recently changed).
    • Option 2:  Complete a record of transfer form & keep the form for 10 years (transferee) and 10 years (transferor).
      • This route will require the transferee to show a Minnesota Permit to Purchase or Permit to Carry.
      • A photocopy of the transferee’s Permit to Purchase or Permit to Carry must be retained with the form.
      • A photocopy of the transferee’s federal or state ID must also be retained with the form.
  • If the firearm is a shotgun or rifle not meeting the definition above, you may complete the transfer without any paperwork or background check.  You are responsible for ensuring you are not transferring the firearm knowingly to a prohibited person.

I want to loan a firearm while on a hunting trip to a friend that is also on the trip

  • This is an exemption under the law and you may do so without going through the transfer process

I’m an instructor and want to give a student a firearm to use while they are under my instruction on a range

  • This is an exemption under the law and you may do so without going through the transfer process

I want to rent a firearm at a range and use it there at the range – what do I need to do?

  • This is exempted under the law as long as you are renting the firearm at the range and using it on their property.
  • You must also not be a prohibited person under federal & MN laws.

Can I still use my Permit to Carry as a Permit to Purchase?

  • Yes, this is unchanged from current law.  If you have a Permit to Carry, it will act as a Permit to Purchase.

Are revolvers considered a pistol under Minnesota law?

  • Yes, they are.
  • See MN Statute 624.712, Subd. 2 for MN’s definition of a “Pistol”.

I need to obtain a Permit to Purchase; where do I go?

  • If you live in a City with its own police department, you would apply through the Chief of Police.
  • If you live in an unincorporated part of the county – or the County Sheriff provides law enforcement services to your City, you would apply through your County Sheriff.
  • A Permit to Purchase is free.  The department has 30 days to process it.

What is a “Semi-Automatic Military Style Assault Weapon”?

  • Minnesota law defines certain firearms using this term – the definition is in MN 624.712.
  • It generally includes most semi-automatic firearms with a detachable magazine.

What are the penalties for violating this law?

  • Lying on the application for a Permit to Purchase is a felony.
  • Transfering a firearm in violation of this law is a Gross Misdemeanor.
  • A person receiving a firearm in violation of this law is guilty of a Gross Misdemeanor.
  • A person who makes a false statement during a transfer process is guilty of a Gross Misdemeanor.
  • Transfering a pistol or semi-automatic military style assault weapon to a person under the age of 18 is guilty of a Felony.
  • Failing to produce a firearm transfer record when requested by a peace officer as a part of a criminal investigation is a Misdemeanor.

I want to read the actual bill text.

Where can I find the private party transfer form?

  • You can obtain the form from the BCA.

Would a copy in digital form suffice for keeping a “copy” of the record?

  • Yes, this is specifically authorized in the statute.

What other bills have moved this legislative session?

  • UBCs and Red Flag Gun Confiscation were the only gun control law that passed the legislature in 2023.
  • You can see other bills that had hearings and were being considered on our 2023-2024 Legislative Page.
  • You can see all bills that were introduced on our Bill Tracker.

Will this law be challenged in court?

  • Universal Background Checks have been upheld in every challenge in court to date.
  • We continue to explore options around potential court challenges to this law.
  • If you have a specific situation where your Second Amendment rights have been infringed upon under this law, contact us at contact@gunowners.mn.

I have questions, where can I go?

If you’ve read the Frequently Asked Questions (FAQ) above and still have questions, contact us at contact@gunowners.mn and we’ll do our best to answer them.