If you have your gun rights you might be deciding whether to get a permit to carry or a permit to purchase a firearm to fully utilize those rights. Understanding the difference between the two is helpful to know which you should get and why to get them. Here is what you need to know about Permit to Purchases and Permit to Carry’s in Minnesota.
What is a Permit to Purchase?
A permit to purchase is the colloquial term used for a person to receive a transferee permit pursuant to Minn. Stat. § 624.7131. What this permit does is to confirm that a person is eligible to possess a pistol or semiautomatic military-style assault weapon. With that confirmation you would be able to purchase those firearms or any other firearms. If you have questions about eligibility or prior records impacting your rights, consider speaking with a Mankato gun and weapons lawyer.
What is the process to get a Permit to Purchase?
In order to get a permit to purchase a person must fill out the application which can be obtained at their local police station or sheriff’s office. Once it is filled out the Chief of Police or Sherriff has 30 days to grant or deny the permit.
How can the Permit to Purchase be denied?
A permit to purchase can be denied for two reasons. First is that an individual is prohibited by state or federal law from possessing a pistol or semiautomatic military-style weapon. Second, is that an individual is determined to have a substantial likelihood that they are a danger to self or the public when in possession of a firearm.
This second basis allowing the Sherrif to deny the permit if they believe you are a substantially likely to be a danger to self or the public while possessing a firearm was added to the statute in 2023. Before 2023 the only way to be denied was for not being eligible to possess a pistol or semiautomatic military-style weapon.
What can I do if my Permit to Purchase is Denied?
If your permit to purchase is denied you have 20 business days where you can provide additional documentation to try and convince your local law enforcement they shouldn’t have denied you. If you do so then the sheriff has 15 business days to provide a response either granting or deny the permit to purchase.
If you are still receiving a denial after submitting additional information you can petition the district court to review the denial of the permit and have a Judge decide if it should be granted or not. This hearing must be held within 60 from when the petition is filed. The Court will issue an order on whether the permit to purchase should be granted.
If your denial is tied to a past charge or conviction, you may have options to clear your record and strengthen your eligibility. Learn more about expungement and restoring gun rights in Mankato.
What is a Permit to Carry?
A permit to carry is a what allows an individual to carry, hold or possess a pistol in a motor vehicle, snowmobile, or boat or on their persons in a public place. It also if granted can act as a permit to purchase in Minnesota as well.
What is the process to get a Permit to Carry?
In order to get a permit to carry you must first take a training in the safe use of a pistol and then file an application with the Sherriff’s office within one year of taking that class. Once you fill out the application the Sherrif must determine whether to grant or deny the permit within 30 days of receiving the application for the permit.
How can the Permit to Carry be denied?
A permit to carry can be denied for two reasons. First is that an individual does not meet the criteria for a permit to carry. That criteria that you must meet includes:
- Training in the safe use of a pistol
- Is at least 21 years old
- Is a citizen or permanent resident of the United States.
- Is not prohibited from possessing firearms
Second, is that an individual is determined to have a substantial likelihood that they are a danger to self or the public if authorized to carry a pistol under a permit.
What can I do if my Permit to Carry is Denied?
If your permit to carry is denied you have 20 business days where you can provide additional documentation to try and convince your local law enforcement they shouldn’t have denied you. If you do so then the sheriff has 15 business days to grant a response.
If you are still receiving a denial after submitting additional information you can petition the district court to review the denial of the permit and have a Judge decide if it should be granted or not. This hearing must be held within 60 days from when the petition is filed. The Court will issue an order on whether the permit to carry should be granted.
What are the differences between a permit to purchase and a permit to carry
A permit to carry and permit to purchase and are very similar. But there are some differences between them. A permit to carry has additional requirements in order to be eligible including safety training, an age requirement and citizenship requirement. But it also has additional benefits including being allowed to possess a pistol in public or a motor vehicle and that it last for 5 years while a permit to purchase is only valid for 1 year.
Another large difference is what happens if you get a denial. If you get a denial in in a permit to carry petition, and you succeed on your petition to the Court to get the permit granted, the Court can grant you attorney fees and costs for having to bring the petition. If you do the same denial petition in a permit to purchase case you cannot get those same attorney fees and costs if you succeed to have the permit to purchase granted.
Should I apply for a permit to purchase or a permit to carry?
Based on the new rules passed in 2023 you should almost always attempt to get a permit to carry over a permit to purchase. That is because the permit to carry gives you the same benefits as the permit to purchase with the only additional work being doing a pistol safety training. More importantly though attempting to get a permit to carry gives you the ability to seek attorney fees and costs if you get denied and have to go to court.
The only reason to apply for a permit to purchase is because you don’t meet one of the requirements to get a permit to carry such as the age or citizenship requirement or you don’t want to take the safety pistol class. If that is the case then the permit to purchase is the right way to go.
Conclusion
Permit to Purchase and Permit to Carry are important ways to maximize your 2nd amendment rights. It is important before applying for either that you ensure you meet all the requirements to make the process faster and smoother. But if you do find yourself getting denied a permit to carry or permit to purchase it is important to talk to an experienced gun rights attorney for how to fight the denial to ensure you have all of your gun rights.
If you need help with a denial, a pending charge, or restoring your rights, start by visiting our criminal defense page to learn how we help clients across Minnesota. You can also learn more about our team on our Meet Our Staff page.
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