It is clear that this is not really about plugging the "gunshow loophole that doesn't exist" this is about restricting the transfer of firearms except where records are kept. Can a father give his son or daughter grandpa's war trophy he brought back from some foreign land? If I ever moved to California it would be illegal to own the M1 Paratrooper Carbine that my father-in-law left me. It turns out it has too many evil points (bayonet lug, semi-auto, collapsible stock, detachable magazine that can be larger than 10 rounds.......evil, evil, evil.)
It is clear that this is not really about plugging the "gunshow loophole that doesn't exist" this is about restricting the transfer of firearms except where records are kept.
Exactly.
MN law currently requires, in addition to the federal NICS check, a MN background check. This can occur in one of three ways. The seller can submit a "Report of Transfer" to the buyer's sheriff or chief of police, and hold the gun until they respond, or the buyer can present a purchase permit or a carry permit, to indicate that the background check has been performed.
Current law forbids the sheriffs or police chiefs to maintain records of approvals for "Reports of Transfer". And, of course, if the buyer has a permit, the sheriff or police chief is not involved in the transaction at all, and so cannot maintain any records.
And - this is required only when the seller is an FFL.
The proposed law would remove the exception for non-FFLs - all sales would have to either submit a "Report of Transfer" or transfer through an FFL. The options for bypassing the report for permit holders would be removed. And the sheriff or police chief would be required to maintain records. The waiting period for a response from the sheriff or chief is increased from five to seven days, and is fixed unless waived. (Current law says held until a response is received, or until five working days elapses. Changed language says held until seven days after the sheriff or chief receives the report, unless waived.)
Pistols and "assault weapons" must be transferred through an FFL. If the recipient fails the NICS (or NICS is down) the FFL must perform a NICS check before transferring it back to the original owner. If the original owner fails the NICS check (or NICS is down), the FFL is required to retain the firearm, and to transfer it to his local sheriff or police chief within 24 hours. (And what happens if NICS is down for a weekend?)
Plus - only FFLs will be allowed to sell at gunshows.
A nice little package - and Ron Erhardt, district 41A, and Neil Peterson, district 41B, signed on as co-authors.