Firearm Permits

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Permit To Purchase-Carry-Transfer A Pistol In Minnesota Frequently Asked Questions

 

Permit-to-Purchase-Transfer-Application

Permit-to-Carry-a-Pistol-Application

                                 Private-Party-Transfer-Form 2024

Permit to Carry Information

FAQ's

These answers are for information purposes only. Further clarification of the law may be addressed by referring directly to Minnesota Statute § 624.714.

 

If you live in Minnesota, you may submit an application and other related documentation to the sheriff in the county where you live. If you don’t live in Minnesota, you may apply to any Minnesota county sheriff.

 

Yes, when you apply you will need to provide the sheriff with your I-551 or I-151 card, whichever one you have been issued.

 

Applications are available at county sheriff’s offices and on the Bureau of Criminal Apprehension (BCA) website.

 

No.  Applications must be submitted in person to a Minnesota county sheriff.

  • Must be at least 21 years of age
  • Must complete an application form
  • Must not be prohibited from possessing a firearm under Minnesota Statute § 624.714.
  • Must not be listed in the criminal gang investigation system
  • Must be a resident of the county from which you are requesting a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
  • Must provide certificate of completed authorized firearms training. Training by a certified instructor must be completed within one year of an original or renewal application (§ 624.714, subdivision 2a).

 

A permit to carry is not required of a person (from Minnesota Statute § 624.714, subdivision 9):

  • To keep or carry about the person's place of business, dwelling house, premises or on land possessed by the person a pistol; To carry a pistol from a place of purchase to the person's dwelling house or place of business, or from the person's dwelling house or place of business to or from a place where repairing is done, to have the pistol repaired;
  • To carry a pistol between the person's dwelling house and place of business;
  • To carry a pistol in the woods or fields or upon the waters of this state for the purpose of hunting or of target shooting in a safe area;
  • To transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gun box, or securely tied package.

 

The BCA provides a list of the Approved Business Organizations that the BCA certifies for training classes for the Minnesota Personal Protection Act. The Approved Business Organizations certify the instructors that teach for the classes. Contact those organizations for instructor information.

 

No. You are only required to present evidence that you have received training in the safe use of a pistol from an organization or government entity that has been approved by the Minnesota Department of Public Safety in accordance with the department’s standards.

 

Although members of the military received superb firearms training, they must receive training from an instructor that has been certified by an approved business organization in Minnesota. This additional training pertains to the legal aspects of “permit to carry issues.” Military members can contact their local sheriff’s office for further clarification and consideration.

 

The fee for a new permit to carry will be determined by the county sheriff, not to exceed $100. A fee for a renewal permit (applied for before the expiration date of a current permit to carry) will be determined by the county sheriff, not to exceed $75. An additional $10 fee will be charged for those applying for a renewal after the expiration date on the previous permit, but within 30 days of that expiration date.

 

The county sheriff must either issue or deny a permit within 30 days of the application date.

 

New and renewal permits are valid for five years from the date of issuance.

 

Emergency permits may be issued by the sheriff if he/she determines that the person is in an emergency situation that may constitute an immediate risk to the safety of the person or someone residing in the person’s household. 

 

Any applicant who does not meet the criteria as listed above is not eligible for a permit to carry a pistol. The sheriff may also deny the application if there is a substantial likelihood that the applicant is a danger to himself/herself or others if issued a permit to carry.

 

Yes. It is a misdemeanor for a person required to register as a predatory offender to carry a pistol.

 

Minnesota permits are valid throughout the state of Minnesota. Contact other states to determine whether a Minnesota permit to carry is valid in those states. You may also find other resources on the internet to assist you.

 

Yes, the permit holder must have the permit card and a valid driver’s license, state identification card, or other government-issued photo identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document when requested by a peace officer.

 

Yes, upon request of a peace officer, a permit holder must disclose to the officer whether or not the permit holder is currently carrying a firearm.

 

Yes, a permit holder is required to notify the issuing sheriff’s office within 30 days of a permanent address change. Failure to do so is a petty misdemeanor.

 

No. A permit holder, however, is required to notify the issuing sheriff’s office within 30 days of a permanent address change. Failure to do so is a petty misdemeanor. 

The permit holder may obtain an updated permit at a cost of $10. There is a statutory requirement to change the address on your driver’s license within 30 days after changing your residence (Minnesota Statute § 171.11).

 

The permit holder must notify the issuing sheriff’s office within 30 days of having lost or destroyed the permit card. Failure to do so is a petty misdemeanor. The permit holder may obtain a replacement permit card by paying $10 to the sheriff.

 

No. Minnesota’s Personal Protection Act is a permit to carry law, not a conceal and carry law. The pistol does not need to be concealed, but can be concealed.

 

The provisions of federal and state law that describe these prohibitions are found at:

 

Yes, private establishments must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.

 

Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.

 

Yes, an employer may establish policies that restrict the carry or possession of firearms by its employees while the employee is working.

 

The owner of the residence may prohibit firearms in their home.

 

Yes, active licensed peace officers, or security guards acting in the course and scope of employment, may carry firearms in private establishments.

 

Federal or out-of-state police officers, whether on- or off-duty, do not need a permit to carry firearms in Minnesota. If they are going to carry a pistol, they must carry their police credentials as well.

 

The law governing retired officers is the Federal Law Enforcement Officers Safety Act of 2004. In addition, United States Code Chapter 44, Title 18, Section 926 C, Carrying of Concealed Firearms by Qualified Retired Law Enforcement Officers, applies. Minnesota retired officers must meet the criteria found on the Minnesota POST Board website.

 

Yes.

 

For details on transporting firearms, refer to Minnesota Statute § 97B.045.

 

Transporting firearms without a permit requires the person to have the firearm unloaded and fully enclosed in a case made to contain a firearm. For full details on transporting firearms, refer to the Transportation of Firearms statute.

 

No. This is private data and is not available to the public.

 

Minnesota laws authorize individuals holding gun permits from the states listed on this website to carry in Minnesota. A permit issued by another state does not supersede Minnesota’s laws or regulations. Legal conduct in another state may not be legal in Minnesota.

 

Five-year permits expire at midnight on the date of expiration listed on the permit.

 

Yes. Applicants must present evidence that they have received training in the safe use of a pistol within one year of the date of an original or renewal application (Minn. Statute § 624.714, subd. 2a).

 

Permits must be renewed at the county sheriff’s office in the county where the applicant currently resides. Out-of-state permit holders can renew at any sheriff’s office.

 

Not prior to 90 days of the expiration date of the current permit. There is a renewal fee. After the expiration date, but within 30 days after the expiration, you can renew your permit by paying an additional late fee of $10. During this time your past permit is not valid, and you will not be able to carry until your renewal permit has been approved and issued. Thirty-one days after expiration, you will no longer be able to renew your permit, but will have to apply for a new gun permit. For late renewals, it is important to note that your expired permit is not valid until you receive your new card.

  • Take an authorized firearms training class within one year prior to your renewal application.
  • Deliver the application packet, not prior to 90 days of the expiration date of the current permit, in person to the sheriff’s department in the county where you currently reside, or for out-of-state permit holders, to any sheriff’s department in the state of Minnesota.
  • The packet must contain a completed application, signed and dated with the renewal box checked and an accurate photocopy of the certificate of completed authorized firearms training. You must provide an accurate photocopy of a current driver’s license, state identification card or the photo page of your passport (not a US citizen but permanent resident must present an I-551 or I-151 card).

 

Date format on all permits is:  YYYYMMDD – four digit year followed by two digit month followed by two digit day. So, an expiration date of 20180101 would be Jan. 01, 2018.

 

Permit to Carry Reciprocity

 

Some firearms permits from other states are recognized in Minnesota.

Minnesota’s permit to carry law addresses the recognition of permits from other states. The Department of Public Safety annually reviews laws from other states governing the issuance of permits to carry weapons.

Please note that the permit issued by your state does not supersede Minnesota's laws or regulations. Legal conduct in your state may not be legal in Minnesota.

 

Out-of-state permit valid in Minnesota

 

Alaska

California

Connecticut

Hawaii

Idaho (Enhanced permit only)

Illinois

Kansas (Standard permit only)

Kentucky

Louisiana

Michigan

Montana (Enhanced permit only)

Nebraska

New Jersey

New Mexico

North Carolina

North Dakota (Class 1 License only)

Ohio

Rhode Island

South Dakota (Enhanced permit only)

West Virginia (Regular permit only)

 

States with permits not valid in Minnesota (State laws not similar to Minnesota)

 

Alabama

Arizona

Arkansas

Colorado

Delaware

Florida

Georgia

Indiana

Iowa

Maine

Maryland

Massachusetts

Mississippi

Missouri

Nevada

New Hampshire

New York

Oklahoma

Oregon

Pennsylvania

South Carolina

Tennessee

Texas

Utah

Vermont

Virginia

Washington

Wisconsin

Wyoming

South Carolina has been withdrawn as a similar state because it allows permit applicants to be 18. Minnesota law requires all applicants to be at least 21 years old, without exception.

How to obtain or transfer a firearm

Certain firearm transfers (purchase, gift, loan, etc.) require a background check. You can get a background check by obtaining a Permit to Purchase or Permit to Carry.

Permit to Carry can be used to purchase a firearm with no additional permits needed. 

If you don’t have a Permit to Carry, you’ll need a Permit to Purchase to obtain a pistol or a semi-automatic military-style assault weapon.

Obtaining a Permit to Purchase

Here is the process for obtaining a Permit to Purchase.

  1. Fill out a Minnesota Uniform Firearm Application/Receipt Permit to Purchase/Transfer
  2. Submit the application to your local police chief or, if your municipality does not have a police department, to your county's sheriff. 
  3. The law enforcement agency will conduct a series of background-related checks to assure you meet eligibility requirements established in state law.
  4. Once those checks are complete, a one-year permit to purchase a handgun in Minnesota will be issued. If you are applying for a permit to transfer the law enforcement agency must notify you of its status within 30 days of receipt.

Private party transfer

Certain private party transfers of pistols or semi-automatic military-style assault weapons require background checks. A background check is conducted in one of two ways: 

  • The buyer undergoes a background check when obtaining a Permit to Purchase.
  • Both the buyer and the seller jointly appear before a federally licensed firearms dealer who conducts a background check on the buyer.

Private parties who transfer a pistol or semi-automatic military-style assault without the assistance of a federally licensed firearms dealer must complete the Private Party Transfer Form and keep it for 10 years. 

There are many exceptions including transfers between spouses, domestic partners, parents, children, siblings, grandparents and grandchildren.

Read frequently asked questions about private party transfers.

Semi-Automatic Military-Style Assault Weapons

The Bureau of Criminal Apprehension is required to publish a list of firearms included within the definition of “semiautomatic military-style assault weapon” by Minnesota Statutes, section § 624.712, subdivision 8.

If you wish to obtain a firearm that appears on the List of Semi-Automatic Military-Style Assault Weapons you must obtain a Permit to Purchase.

Extreme Risk Protection Order (ERPO)

*NEW* Extreme Risk Protection Orders (ERPO) 

Beginning January 1, 2024, certain persons may ask for an Extreme Risk Protection Order (ERPO) to prevent someone from purchasing or possessing a firearm because they pose a significant danger of bodily harm to others and/or is at significant risk of suicide if they have a firearm. These are often called “Red Flag” laws. Read through the Frequently Asked Questions (FAQs) for more information.  The Forms tab will help guide you to the forms packets that are available beginning January 1, 2024.

Note: If someone has an ERPO against them, they only lose their rights during the time of the ERPO, not permanently.

Definitions:

Ammunition

Ammunition, cartridge cases, primers, bullets, or propellent powder that is meant to be used in any firearm. See Minn. Stat. § 609.02, subd. 17.

Crimes of Violence

Specific felony crimes that the legislature has chosen as permanent bars to possessing a firearm or ammunition. If you are convicted of a crime of violence, your right to possess a firearm or ammunition is permanently taken away unless the court restores these rights.

Permit to Carry

A permit that allows an individual to lawfully have a handgun on them while in public places. A permit to carry is also a permit to purchase an unlimited amount of firearms during the five year period that the permit is valid.

Permit to Purchase

A permit that allows an individual to lawfully buy handguns or semi-automatic weapons.

Restoration of Civil Rights

The process of requesting that the court give you back the right to possess firearms and ammunition.


Restoration of Firearms from a permanent ban

Below is an overview of the process to restore your rights to possess a firearm (gun) and/or ammunition in Minnesota District Court after your rights have been permanently taken away for a felony conviction or delinquency adjudication of a crime of violence. Read through our Definitions tab for commonly used words, and read through our Frequently Asked Questions (FAQs) for more information about the process. The Forms tab will help guide you to the forms packets that are available.
 

Why would my rights to possess a firearm and/or ammunition be permanently taken away?

After a criminal conviction or delinquency adjudication for a felony crime of violence, your rights to possess firearms and ammunition are permanently taken away. This means you cannot lawfully possess a firearm or ammunition for the remainder of your lifetime unless the court restores those rights. Felony crimes of violence are defined by the law, and sometimes it is not obvious that the crime you were convicted of is considered a crime of violence until you look at what the law says. If you are not sure whether your rights to possess firearms and ammunition have been taken away, it is a good idea to get legal advice.

Do I need to file anything with the court?

If your rights to possess a firearm and/or ammunition have been permanently taken away and you want to be able to lawfully possess a firearm and/or ammunition, you will need to ask the court to restore your rights. This process is commonly referred to as Restoration of Civil Rights.

An ERPO asks the court to stop someone from having or buying firearms if they pose a significant danger of bodily harm to others and/or are at significant risk of suicide if they have a firearm. 

This process does not ask the Court to stop someone from contacting you. If you want a court order for someone to stay away from you there is information on our Domestic Abuse & Harassment Help Topic

Who can apply for an ERPO?

Only certain authorized persons can apply for an ERPO as defined in Minn. Stat. § 624.7171 subd. 4(b). They include: 
  • Chief Law Enforcement Officer or Designee; 
  • City or County Attorney; 
  • Family/Household Member; or
  • Guardian of Respondent, as defined by Minn. Stat. § 524.1-201
A family/household member is defined as: 
  • Spouse or former spouse;
  • Parents and/or children of the Respondent; 
  • Person currently living with Respondent; or 
  • Person involved in a significant romantic or sexual relationship with Respondent. 
If you do not qualify as a family/household member or guardian, you should get legal advice on your options or talk with your local law enforcement agency. 

How can I ask for an ERPO?

If you are an authorized person to apply for an ERPO, the process, along with all the forms you may need, are explained in the Instructions - Petition for Extreme Risk Protection Order (ERP101). You will need to file a Petition for Extreme Risk Protection Order (ERP102) and a Firearm Information Form (ERP103) along with other forms, as needed for your situation. See the Forms tab for information on available court forms and instructions.

How long does an ERPO last?

The Petition can ask for a temporary emergency order and/or a long-term ERPO. An emergency ERPO goes into effect right away and lasts for 14 days. A long-term ERPO can only be granted after a hearing and can last between 6 months and 1 year.
 

Where does an ERPO get filed?

An ERPO case is filed in district court of the county where the respondent lives. The person requesting the ERPO can ask to appear virtually at all hearings.  

How do you get notice of an ERPO?

Respondents get notice of ERPO cases through service. Service is the word used for legally valid notice of legal proceedings. In ERPO cases, service can happen by law enforcement personally giving you copies of documents (personal service), by first class mail, or by publication.

Personal service must always be attempted in ERPO cases. However, if law enforcement is not able to personally serve you with the required ERPO documents, the Petitioner can request “alternate service.” Alternate service in ERPO cases means service by first class mail or by publication.

If a judicial officer orders alternate service by first class mail or publication, the law says the service is complete 14 days after mailing or publication. That means that 14 days after ERPO documents are either sent by first class mail or published, you will have legally valid notice of the ERPO proceedings, whether or not you actually open the mail or read the published court notice.
 

What happens if I am served with a Petition for ERPO or an Order granting an ERPO?

  • If an Emergency ERPO has been granted, you have the right to request a hearing challenging the emergency order. Fill out and file the Request for Hearing on Emergency ERPO (ERP202).
  • If a hearing is already scheduled and you received notice less than 5 days before the hearing, you have the right to request a continuance of up to 14 days by filing the Request for Continuance of Extreme Risk Protection Order Hearing (ERP203). If you do not appear at the hearing or request a continuance for when you can appear, an Extreme Risk Protection Order may be granted.
See the Forms tab for information on available court forms and instructions.

What happens after an ERPO is granted?

Once a judicial officer has decided that there are enough facts to order an ERPO, Respondent will be required to surrender or transfer all firearms in their possession. Carefully read the court order to see whether ordered to immediately surrender firearms, or if given time to transfer them.

It is a crime to possess firearms in violation of an ERPO. Minnesota law also makes it a crime for someone to possess ammunition if they are subject to an ERPO. Respondent’s right to possess firearms is only taken away while the ERPO is in effect. 

How are Firearms Transferred after an ERPO is granted?

If you were given 24 hours to transfer your firearms to a law enforcement agency or federally licensed firearms dealer, you may use the forms listed below.
Note: The ERPO law requires that these forms are filed with law enforcement. They are not required to be filed with the court.
  • Declaration of No Ownership or Possession of Firearms (ERP205) – Use this form if you do not currently own or possess any firearms. This is the only form you will need.
  • Respondent’s Declaration of Transfer of Firearms (ERP206) – Use this form if you transferred all of the firearms you own or possess to a law enforcement agency or federally licensed dealer. This form is filed with the law enforcement agency, along with the Proof of Transfer (ERP207) listed in your order within 2 business days of the transfer.
  • Proof of Transfer (ERP207) – This form is filled out by either a law enforcement agency or a federally licensed firearms dealer that accepted the transfer of firearms.
  • Affidavit of Transfer of Antique Firearms to Relative (ERP208) - Use this form if you transfer a firearm that is considered an antique (as defined by United States Code, title 18 § 921 (a) (16)) or a curio or relic (as defined in the Code of Federal Regulations, title 27 § 478.11) to a relative who is legally allowed to possess a firearm.
See the Forms Tab for court forms and instructions for transferring firearms. 

Restoration of Firearms for Permanent Bans

How do I know if my rights to possess a firearm and ammunition have been taken away?

Your rights to possess a firearm and ammunition can be taken away for different reasons. For example, your rights to possess a firearm and ammunition can be taken away under Minnesota law because of a criminal conviction, because someone gets an Order for Protection against you, or because you have been committed to a mental health treatment facility in Minnesota or another state. Your rights to possess a firearm and ammunition can be taken away under state law and/or federal law. See Minn. Stat. § 624.713. Sometimes it may be difficult to know whether your rights have been taken away. If you are unsure, you may want to get legal advice.

Are my rights to possess firearms and ammunition permanently taken away?

Generally under Minnesota law, your rights to possess firearms and ammunition are permanently taken away if you have been:

  • convicted or adjudicated delinquent of a felony crime of violence,
  • committed by the court for mental health reasons to a treatment facility,
  • found incompetent to stand trial, or
  • found not guilty by reason of mental illness.

The only way to lawfully possess firearms and ammunition after your rights have been permanently taken away is to ask the court to restore your civil rights.  See Minn. Stat. § 624.713.

If my rights to possess a firearm and ammunition have been permanently taken away, have my voting rights also been permanently taken away?

Certain civil rights, such as the right to possess firearms and ammunition and the right to vote, are sometimes taken away when a person is convicted of a crime. However, voting rights are not taken away permanently. If your voting rights were taken away because of a criminal conviction, they are automatically restored after you have completed all the required terms of your sentencing, including probation, parole, and supervised release. Once you have completed all of the terms of your sentencing, you will need to register to vote. If you are unsure whether you have completed all of the terms of your sentencing, you may want to get legal advice.
If your voting rights were taken away for a reason other than a criminal conviction, you may want to get legal advice to see how you can restore your voting rights. For example, voting rights can be taken away when the court finds that someone does not have the capacity to make personal or financial decisions for themselves and appoints a guardian and/or conservator to make decisions on their behalf. 
 

If my criminal record was expunged, are my rights to possess a firearm and ammunition automatically restored?

No. Criminal expungement only seals your court records. It does not automatically restore your rights to possess a firearm or ammunition. You would need to separately ask the court to restore those rights. 
 

How do I ask for my rights to possess firearms and ammunition to be restored?

In order to ask for the court to restore your rights, you will need to complete a Petition for Restoration of Firearm and Ammunition Rights. Visit the Forms tab to find this form and instructions that describe the steps you will need to follow.
 

Where should I file my Petition for Restoration of Firearm and Ammunition Rights?

You can file your Petition for Restoration of Firearm and Ammunition Rights in the county where the criminal case happened or in another county where the court has power to make legal decisions for you (for example, the county where you live). Read through the instructions (for either a crime of violence conviction or a civil commitment) for more information about choosing where to file and in which case. If you are not sure where you should file your case, you may want to get legal advice.
 

Permit to Carry

What if I was denied a permit to purchase, but my rights to possess a firearm and ammunition have not been taken away?

It is possible that your rights to possess a firearm and ammunition were restricted as a result of a criminal, domestic abuse, mental health, or similar proceeding. If your rights have not been permanently taken away, the court will automatically restore your civil rights to possess a firearm and ammunition as soon as the law allows. If you believe that your permit to purchase was improperly denied, you can ask the court to review the denial. The MN Judicial Branch does not have forms for this process, so you may want to get legal advice for help with asking the court to review your denial. 

What if I was denied a permit to carry, but my rights to possess a firearm and ammunition have not been taken away?

It is possible that your rights to possess a firearm and ammunition were restricted as a result of a criminal, domestic abuse, mental health, or similar proceeding. If your rights have not been permanently taken away, the court will automatically restore your civil rights to possess a firearm and ammunition as soon as the law allows. If you believe that your permit to carry was improperly denied, you can ask the court to review the denial. If you want the court to reconsider the denial, you can use the Petition for Reconsideration

Where do I apply for a permit to carry a firearm?

You can apply for a permit to carry a firearm at the sheriff’s office in the county where you live. The application is available on the MN Bureau of Criminal Apprehension’s website (BCA).  

Where do I apply for a permit to purchase a firearm?

You can apply for a permit to purchase a firearm through a firearm dealer or your local law enforcement agency. A firearm permit approved by local law enforcement is valid for one year, and you can purchase an unlimited amount of firearms during that time. A firearm permit from a firearm dealer is valid for a one-time purchase of the handgun that you have chosen to buy from that dealer.

If you want to apply for a permit to purchase from local law enforcement, you can give the application to your local police chief. If you do not have a local police chief, you can give the application to your county sheriff’s office. The application through law enforcement is available on the Minnesota Bureau of Criminal Apprehension's website

 

The following is a list of some of the laws and rules that relate to forfeiture cases. We encourage you to talk with a lawyer to get advice on how the laws and rules may affect your case. Learn more about Laws, Rules & Legal Research.

Firearms Forms (statewide)

The MN Judicial Branch publishes some firearms forms, but not every possible form. For forms that are not available from the MN Judicial Branch, you could look for forms at a law library, from a legal forms publisher, or from an attorney. You should get advice from an attorney if you are not sure which forms to use in your case.

Extreme Risk Protection Order Forms

Restoration of Firearm and Ammunition Right Forms

Permit to Carry Forms