New law expanding background checks for gun sales and transfers just took effect. Here's what it does
EAGAN, Minn. – A new law that took effect earlier this week expands background checks to most gun transfers in Minnesota, whether it's a private sale, gift, or loan.
The provision, which was included in a large public safety package approved by the DFL-led legislature this year, applies to pistols and semi-automatic military-style weapons. Anyone who wants to buy or receive one from another person not licensed to sell by the federal government needs to apply for a permit to purchase or permit to carry, which triggers a background check.
Background checks already happen at federally-licensed dealers. Advocates for the change characterized private transfers before this change as a "loophole" in law that needed fixing. The new law is a long-sought victory for Democrats and gun safety advocates who believe the change will curb gun violence.
"We want to make sure everybody has an obligation to verify the person they give the gun to [that] they're actually allowed to have it," said Rep. Dave Pinto, DFL-St. Paul, who authored the legislation.
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There are exceptions to the so-called "universal" background check statute. Minnesotans do not need to get a permit if sharing firearms among immediate family members like a spouse, parent, sibling, or grandparent, for example. Nor do they need to get a permit if they are lending their friend a gun while hunting together.
But the rules apply if someone loans their extended family or friends their gun to go hunting for the weekend without the gun owner present. The person receiving the firearm needs a permit and both parties need to either fill out a form making a record of the transfer and keep it for 10 years, or go to a federally-licensed dealer, which will assist them in that process.
That same process happens again when a person returns a borrowed gun to its owner. Traditional shotguns and hunting rifles are exempt from the law.
Kevin Vick, president of Stock & Barrel Gun Clubs in Eagan and Chanhassen, said many members have had questions in the days leading up to Tuesday, when changes took effect. His club held seminars to explain the impact.
"Law-abiding gun owners want to continue to be law-abiding, so they've come to learn what they need to do with the new laws in place," Vick said.
Polling data suggest universal background checks is popular proposal among Minnesotans. Twenty-one states plus Washington D.C. extend the criminal record screenings beyond what federal law requires, according to the Giffords Law Center.
Vick and other opponents of the measure say the move adds hurdles for lawful gun owners and falls short of cracking down on people who commit crimes with firearms.
"In the past, if you had no reason to believe the person you were transferring a firearm to didn't have a legal right to possess it, you could do so. Now you're either going to have to get a permit to purchase or permit to carry if you want to be the transferee -- if you want to receive that firearm," he said. "So it does add extra steps to the process."
He noted that it was already illegal to knowingly give or sell a firearm to a person who is not allowed to own a gun. Meanwhile, Pinto and supporters of universal background checks believe the rules aren't too stringent, rather they work as a common-sense tool to keep firearms out of the hands of people who shouldn't have them.
"Responsible gun owners right now wouldn't think of handing their gun over without knowing they are legally allowed to have it and we want to have that expectation of all gun owners," Pinto said.
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The public safety spending bill that included the background check measure also implements a "red flag" law, which allows a family member or law enforcement to petition a judge to temporarily suspend someone's access to firearms if determined to be a danger to themselves or others. That will take effect in January 2025.
Second Amendment rights advocates anticipate legal challenges to this.
The new law also stiffens penalties using a machine gun or devices that increase the amount of ammunition fired with one shot -- known as "switches." Before someone could face up to five years in prison and fines of $10,000; that now has increased to 20 years behind bars and a payment of $35,000.
That was the extend of gun policy changes at the Capitol this year, as Democrats held their narrow majorities in both chambers together to see it through. Other ideas that didn't make the final cut: mandatory reporting of stolen guns and safe storage requirements.
"As far as what happens going forward, we'll have to see. I know there's a lot we need to do to keep people safe," Pinto said. "But right now, I'm really celebrating -- I think many of us are -- that we've had this achievement."