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Illegally denied permit to purchase firearm (MN)

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  • Illegally denied permit to purchase firearm (MN)

    Hello! Hopefully this is the right place to post (as it would be a civil issue). If not, please accept my apologies and let me know where I should post instead. Thank you in advance for any help that anyone can offer.

    I'm a MN resident who moved from out of state about 6 six months ago (give or take).
    The local police chief is giving me a hard time obtaining a permit to purchase a firearm.

    *** Remember! This is a permit to PURCHASE, not a concealed carry permit!

    I have an absolutely clean criminal/mental record and have a MN drivers license with my current address.

    In the first attempt to get a permit, the chief denied me on the basis that I was not an "established" resident because I was not on the house lease (it's owned by my wife, who had it long before we met). He told me that I would instead have to wait a full year after the date that my drivers license was issued.

    I offered to show him mail I get at the address, to have him come over and see my house, and any other documentation that would "prove" my residence at the address beyond having it on my drivers license. None of these were acceptable proof to him.

    However, after telling him that I was getting married soon, he acquiesced that if I applied after the marriage that he would grant the permit. However, it's now past the 3rd week after my second application (22 days) and still no word.

    The day of the first application was Oct 27 2009. So this has been strung out since then.

    What can I do? What are my options?
    I would be willing to pursue anything that costs less (to me personally) than $1000.
    (So while I wouldn't sue outright on my own, a contingency fee basis suite would be great.)



    Current research (as a jumping off point to save responders some trouble):
    https://www.revisor.mn.gov/statutes/?id=624.7131
    "Subd. 4.Grounds for disqualification.
    ... prohibited by section 624.713 from possessing a pistol [...] shall be the only basis for refusal to grant a transferee permit."

    I do not fall under any prohibiting reason in 624.713 and the chief agrees.

    As a counter, he quotes:
    "Subdivision 1.Information.
    Any person may apply [...] [at] the municipality in which the person resides..."

    So he says that subd. 4 doesn't apply.
    The law does not explicitly state in this clause what constitutes a resident, so he is essentially making up his own requirements of a "resident" instead.
    However, to compare to other "residency proof" requirements like to vote, all I need is my drivers license. I also pay my taxes with the state.
    (I find it amusing that he is essentially claiming me to be homeless.)


    In my second go round, I'm seeing a breech of:
    "Subd. 5.Granting of permits.
    The chief of police [...] shall issue a transferee permit or deny the application within seven days of application for the permit."
    Though admittedly, this is a toothless law (with no recourse for stringing it out longer).

  • #2
    Re: Illegally denied permit to purchase firearm (MN)

    You normally can still file in court to override the chief.

    That is what I did in another state.

    Comment


    • #3
      Re: Illegally denied permit to purchase firearm (MN)

      Originally posted by Unregistered View Post
      You normally can still file in court to override the chief.

      That is what I did in another state.
      I could, but the statute for purchase doesn't explicitly grant that I can recover court fees.
      (Where the concealed carry permit appeal does.)

      So while I'm confident I could win, I suspect that an attorney would put me out of pocket thousands of dollars.

      Can you maybe recommend a resource that could help me prepare the filing myself, or take on the case on a contingent fee basis?

      Comment


      • #4
        Re: Illegally denied permit to purchase firearm (MN)

        I think world law could help you prepare the documents and go into court yourself.

        Email them on the home page to ask.

        Comment


        • #5
          Re: Illegally denied permit to purchase firearm (MN)

          I am having almost the same problem, there are a few details different, I am a Chem. Dep. Therapist, I Grad'ed med school with a 4.0 in pathology, but a car crash led me to my passion career = helping others to get into Recovery and away from the life destroying from addictive substances that ruled them.
          My father & I used to go hunting /fishing and showed me how to clean/maint. rifles, but when we moved, my guns "Fell off the moving truck" along with some other valued items.
          It has been many years since then, and i now have children of my own and would very much like to show them --gun safety- at the very least, My career puts me into contact with possibily dangerous people (70-92% of all crime is the U.S. is now drug related..it is not getting better BUT worse), my Truck has been broken into twice and my home phone # has been changed 3 times,
          IT IS NOT ME THAT I WORRY ABOUT, BUT MY WIFE AND CHILDREN
          NOT that I can ever see needing to use a firearm on a person at my HOME (where I would keep my guns) but it is something that I would find much peace of mind in, not to mention my oldest is howing intrest in going to the gun range and hunting when he sees old photo albums of me with them at his age (just a scoped .22, and a 20 ga)
          Long story short, my beliefe that --Addicts-NOT Dealers-- should be "Treated" instead of thrown in jail (its a proven FACT, Jail just makes a normaly law abidding person that got hooked on painkillers..would seek "Help" and recover back into a good U.S. citizen, where Jail just teaches that same person how to become a better-more hard core Criminal) put my "AT ODDs" with the captain of the drug force dept here.. almost ALL of the police depts over spending money comes from drug bustes,
          I suddenly-out of nowhere- had some kind of "Bad paper history", that has prevented me from purchasing firearms.
          I am a good person, i work over time hours almost every day helping tax paying citizens (from policemen-pharmacists-electric co. workers-small besiness owners-ect. all good people with families and VERY good insurance as the treatment place I work at cost $1,200.oo per DAY!....to working Volunteer 16 hour shifts on my two days off from my paying job at a Men's shelter +going into the Jail to council-again for free, on workdays 1-3 hours, these last two is where I beleive a few rotten apples have caused me a bit of problems and concern, not having any way to protect my family if the nightmare scenio ever did happen, which I'm sure it will never do, but I just wish i had some kind of security to help me sleep at night, as well as pass down my gun safty/maint. to my children)
          oh my favorite was an old-old gun, a 12 ga 87 Lever action, that was a great gun, i miss it dearly.
          BUT, sorry for the long blog, but I'm new at this, can anyone please help a poor father out in any way in this matter?
          I tried Laweryers, but this is a small-south "Good-boy" kinda place, and it just took my money.
          I understand that this probebly involves building trust ect. I'm just not sure what form of information I can give, I will start with my zip code 31558
          please, I'm sure there is someone that can aid me. My son plays the internet game Worldof Warcraft I have a character there just for a bit of fun once or twice a week, you can create a free 10 day trail, no cost, and can mail other charasters in the game lettervia mailboxes outside every inn as long as you choose -realm blackdragon flight--choose a Hoard -Race- you can mail non monitored info to any character you choose, like Faeriedragon,--Gutrender
          thank you very much for your time

          Comment


          • #6
            Originally posted by Unregistered View Post
            I am having almost the same problem, there are a few details different, I am a Chem. Dep. Therapist, I Grad'ed med school with a 4.0 in pathology, but a car crash led me to my passion career = helping others to get into Recovery and away from the life destroying from addictive substances that ruled them.
            My father & I used to go hunting /fishing and showed me how to clean/maint. rifles, but when we moved, my guns "Fell off the moving truck" along with some other valued items.
            It has been many years since then, and i now have children of my own and would very much like to show them --gun safety- at the very least, My career puts me into contact with possibily dangerous people (70-92% of all crime is the U.S. is now drug related..it is not getting better BUT worse), my Truck has been broken into twice and my home phone # has been changed 3 times,
            IT IS NOT ME THAT I WORRY ABOUT, BUT MY WIFE AND CHILDREN
            NOT that I can ever see needing to use a firearm on a person at my HOME (where I would keep my guns) but it is something that I would find much peace of mind in, not to mention my oldest is howing intrest in going to the gun range and hunting when he sees old photo albums of me with them at his age (just a scoped .22, and a 20 ga)
            Long story short, my beliefe that --Addicts-NOT Dealers-- should be "Treated" instead of thrown in jail (its a proven FACT, Jail just makes a normaly law abidding person that got hooked on painkillers..would seek "Help" and recover back into a good U.S. citizen, where Jail just teaches that same person how to become a better-more hard core Criminal) put my "AT ODDs" with the captain of the drug force dept here.. almost ALL of the police depts over spending money comes from drug bustes,
            I suddenly-out of nowhere- had some kind of "Bad paper history", that has prevented me from purchasing firearms.
            I am a good person, i work over time hours almost every day helping tax paying citizens (from policemen-pharmacists-electric co. workers-small besiness owners-ect. all good people with families and VERY good insurance as the treatment place I work at cost $1,200.oo per DAY!....to working Volunteer 16 hour shifts on my two days off from my paying job at a Men's shelter +going into the Jail to council-again for free, on workdays 1-3 hours, these last two is where I beleive a few rotten apples have caused me a bit of problems and concern, not having any way to protect my family if the nightmare scenio ever did happen, which I'm sure it will never do, but I just wish i had some kind of security to help me sleep at night, as well as pass down my gun safty/maint. to my children)
            oh my favorite was an old-old gun, a 12 ga 87 Lever action, that was a great gun, i miss it dearly.
            BUT, sorry for the long blog, but I'm new at this, can anyone please help a poor father out in any way in this matter?
            I tried Laweryers, but this is a small-south "Good-boy" kinda place, and it just took my money.
            I understand that this probebly involves building trust ect. I'm just not sure what form of information I can give, I will start with my zip code 31558
            please, I'm sure there is someone that can aid me. My son plays the internet game Worldof Warcraft I have a character there just for a bit of fun once or twice a week, you can create a free 10 day trail, no cost, and can mail other charasters in the game lettervia mailboxes outside every inn as long as you choose -realm blackdragon flight--choose a Hoard -Race- you can mail non monitored info to any character you choose, like Faeriedragon,--Gutrender
            thank you very much for your time
            The reason no one responded is your last paragraph. Either you're a super nerd and as soon as you started spewing out Warcraft garbage from your mouth, no one was interested in trying to relate to a weirdo.
            Or, you aren't legit, and you think Warcraft is a safe alt to email. ***** puhlease. Try tormail if you're shady.
            Or, your whole post was just some stupid attempt at an add for wow. Wow, that would be sad. I don't think we, outdoorsy people who spend our spare time at the range, would have any interest in paying 16$ a month to play a stupid, endless computer game that thrives on repetition.
            Warcraft is dumb, and so is the terrible path, one you $-sixteen-dollara-month *****s and blizzard paved, video games are headed down where the owner never truly owns the game they pay for. Instead it's subscriptions and key codes which make the game disc untransferrable, untradable, unsellable, basically useless, just like wow and the people who it plays.(you don't play wow; you pay to install, pay to upgrade, and pay per month to play, the game plays you)

            Comment


            • #7
              Re: Illegally denied permit to purchase firearm (MN)

              A permit to carry is also a valid permit to purchase in MN. The carry permit is issued by the state. Get one of those and you'll be set.

              Comment

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