Kids and Firearms

This time, the topic of kids and firearms isn’t going to be about keeping kids away from firearms – it’s introducing them to firearms and taking them to the range to let them experience first hand what it’s all about.

At our house, for example, I reduce the curiosity factor by telling my kids they can see and handle my firearms any time they want. All they have to do is ask, and I’ll supervise them while exaggerating safety (if there is such a thing as exaggerating safety).

Once I feel they are old enough, I offer to take them to the range any time they want to go, within reason of course. Age isn’t necessarily as much of an indicator of readiness as their maturity level. There are some 4 year old kids who are ready, and some 12 year old kids that aren’t, it’s not good or bad, it’s just the way they are. It’s up to the parent/guardian to make that call, and to be there to supervise them, while at the same time making a point to preach and demonstrate safety.

At a minimum, it’s a good idea to recite safety rules whenever firearms are present, but any time is good – at home, on the way to the range, at the range, on the way home from the range, etc.

  • All guns are always loaded.
  • Keep your finger off the trigger until your sights are on target and you are ready to shoot.
  • Never point a firearm at anything you are not willing to destroy.
  • Be aware of your target and what’s beyond.

It’s also important to teach kids what to do if they find a firearm when an adult isn’t present.

  • Stop
  • Don’t Touch
  • Leave The Area
  • Tell An Adult

Following the basic safety rules and knowing what to do if an adult isn’t around should they find a firearm are crucial.

Kids and Firearms - Visual Feedback
Seeing a pop can blow up is not only positive feedback, but a visual reminder that firearms are not toys.

That said, taking kids to the range can and should be an enjoyable experience. Visual aids like balloons, fruit, even soda bottles help encourage kids, and can be used to not only show that they hit their intended target, but also that firearms are not toys and must be respected at all times. Seeing something ‘pop’ or ‘explode’ is visual, and will stick with them long after the range session is over. Remember, don’t just preach safety – demonstrate it! Make sure to provide a visual for your child so they understand, show them that your finger is not on the trigger when you are taking aim, only when you are ready to fire. Don’t let them catch you breaking the rules or they might think it’s OK to do themselves.

Hi-Point 995, 4095, 4595 Pistol Caliber Carbines (PCC)

The Hi-Point pistol caliber carbines such as the Hi-Point 995, 4095 and 4595 are a very popular choice for people wanting a low cost, reliable and accurate rifle that shoots the same ammo as their handgun.

As suggested by their names, the Hi-Point PCC’s are offered in 9mm, 40 S&W and 45 ACP. The Hi Point series of Pistol Caliber Carbines pack a lot into a small and affordable package that is fun to shoot with many available options to customize it to your liking. Available accessories from Hi Point include extra magazines, a single or double magazine holder for the stock, magazine pouches, foregrips, add-on rails, laser, and red dot sight, though more options are available in the aftermarket world, such as replacement sights, angled foregrips, and almost anything you can mount to a rail.

The TS series features a spring loaded recoil reducing stock, and all offerings come with peep sights, sling mounts, sling, trigger guard lock, Hi Point tool, and user manual. Various packages are available that include options such as a light, laser and vertical  foregrip. Both the 9mm and 40 caliber come with a 10 round magazine, the 45 caliber comes with a 9 round magazine. Although there is a higher capacity magazine available, reports show it does not work well and voids the Hi-Point lifetime warranty if used.

In my opinion, for around $300 new, you can have a really fun rifle that works well for anything from a range plinker to a home defense firearm, and virtually anything in between.

Conceal and Carry, Concealed Carry, Permit to Carry

M&P Shield 9mm is popular among open and concealed carriers.
M&P Shield 9mm is a popular choice among open and concealed carriers alike.

It seems most people in Minnesota call their permit a conceal and carry permit, or concealed carry permit which is understandable since a lot of instructors teach it that way and the majority of the country issues some form of concealed carry permit. The reason being is that some states it’s legal to open carry without a permit, but you need a permit to carry concealed.

In Minnesota that isn’t the case, we need a permit to carry – open or concealed. The law doesn’t differentiate between the two so you are free to carry open or concealed, so long as you have the permit.

Carrying concealed is more commonplace, and is also referred to as conceal and carry, concealed carry, conceal carry, CCW, etc. Reason being is that most people don’t want to draw attention to the fact that they are carrying. The mindset that ‘they will be a target’ or that it will cause a “man with a gun call” are two common reasons. For the most part, people carrying concealed just want to blend in and go about their day without any further inconveniences.

Carrying openly is probably more common and accepted in rural communities, however it takes place all over Minnesota. People who carry openly generally do so because it works better for them. It’s usually more comfortable and easier to access, and when done properly is barely noticeable to the general public (literally hidden in plain view).

In The News – Open carry has gotten a bad name over the years, primarily blamed on a group in Texas open carrying long guns (rifles and shotguns). In Texas it’s legal to open carry long guns, but not handguns, so some groups are trying to make a political point, and in doing so it’s making a negative impact across the country forcing some large businesses to make decisions on their otherwise accommodating firearms policies. Target and Starbucks are a couple of the more recent examples of businesses that have been approached by MDA (Moms Demand Action), a group paid by Bloomberg to promote anti-gun agendas. It’s important to remember, it’s not usually the open carry of handguns that cause these negative impressions, it’s the open carrying of long guns.

Back to Minnesota, and the topic at hand, it’s important to use the correct terminology when discussing carry permits, as we certainly don’t want to open up the Minnesota Citizens Personal Protection Act for amendments. If the mindset is that Minnesota has a concealed carry permit, it will make it more difficult for those who responsibly carry openly, which will in turn make it more difficult for all of us collectively.

I hope this helps explain the differences and reasons behind the terms, feel free to comment with your opinion.

Can I really carry a firearm in Minnesota?

If you meet the requirements listed below, you are well on your way! Once you get your certificate of completion and submit your application to your local county Sheriff’s Department, they will have 30 days to issue or deny your permit to carry. In Minnesota it is not called a concealed carry or conceal and carry permit since you need a permit to carry openly or concealed, your permit allows for both.

The requirements are as follows:

  • 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, Subd. 2a)

Civil Response Firearms Training LLC offers the class you need for a new permit and your renewal (needed every 5 years in Minnesota).

Our class meets or exceeds the requirements for several states, including Arizona, Florida, Minnesota, Iowa and Wisconsin, to name a few of the more common in the area. Take a look at our schedule of upcoming classes, or find out about setting up a private class.

Private Party Firearm Sales – Minnesota

Disclaimer:
Always check your local laws and consult an attorney, this was written on April 3rd, 2014 and applies to how the Minnesota law was written at that time.

Recently I was involved in a debate on the legal requirements for a private party sale in Minnesota. The other person in the debate believed rather strongly that a private seller was obligated to report the transfer to the sheriffs department under Statute 624.7132, which is simply not true.

I’ll offer some quick details, and then divide it into pieces and discuss it in more detail for those who want to understand it better.

You could be charged with a gross misdemeanor if the buyer possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if the buyer was not eligible to possesses the firearm at the time of transfer under 624.713.

OR

If the buyer possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and it was reasonable to foresee that they would use it in a felony crime of violence.

For private party firearm sales the following must apply:
(buyer = transforer, seller = transferee)

  1. the seller does not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal or state law;
  2. the sale, delivery, and receipt fully comply with the laws of both states; and
  3. the buyer and the seller meet in person to make the transfer.

It’s best to ask to see a permit to carry or permit to purchase,  which puts you in compliance with statute 624.7132, in addition, a bill of sale signed by both parties is rather common.

 

For those interested in learning more, let’s dive in, shall we?

The statute reads as follows:

624.7132 REPORT OF TRANSFER.
Subdivision 1.Required information.

Except as provided in this section and section 624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault weapon shall report the following information in writing to the chief of police of the organized full-time police department of the municipality where the proposed transferee resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver’s license number or nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee’s eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The report shall be delivered by the transferor to the chief of police or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

Now, if you stop there it’s possible to see how that could be taken that you need to submit paperwork to your local sheriffs department, however if you continue to read the statute there are exclusions.

Subd. 12.Exclusions.
Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol.

The key for this article is the first one, which excludes private party sales:
(1) a transfer by a person other than a federally licensed firearms dealer;

There are three requirements for private party sales, they are:

Exempted Transfers
Federal law authorizes an unlicensed individual (a non-FFL) who is not a prohibited person to sell a firearm (handgun, rifle, or shotgun) to an unlicensed resident of his or her own state, as well as to loan or rent a firearm to a nonresident of the state for temporary use for lawful sporting purposes, provided that:

  1. the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing firearms under federal or state law;
  2. the sale, delivery, and receipt fully comply with the laws of both states; and
  3. the transferor and transferee meet in person to make the transfer.

Handguns and ‘Assault Style Rifles’ have special considerations.

Stature 609.66 subd 1f reads:

Subd. 1f.Gross misdemeanor; transferring firearm without background check.

A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:

(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or

(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.

You could be charged with a gross misdemeanor if the buyer possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if the buyer was not eligible to possesses the firearm at the time of transfer under 624.713.

OR

If the buyer possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and it was reasonable to foresee that they would use it in a felony crime of violence.

It’s best to ask to see a permit to carry or permit to purchase,  which puts you in compliance with statute 624.7132.

624.7132 Subd. 8.
Report not required.
If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.

I hope this clears any confusion on the matter, as it can be a hot topic.

Media Myths

I thought it was time to bust some common misconceptions often reported by various media outlets who seem to have an agenda against gun rights.

  • The Gun Show Loophole
    The media and some politicians seem to think firearms dealers can sell guns without a background check at gun shows.

    False.

    There are two places a dealer can sell firearms, their retail location and gun shows, both require a form 4473 be filled out and a background check is completed. Failure to do so is in violation of the law. Handguns and (sigh) “assault rifles” also require a permit to purchase or carry permit.

  • Facebook makes buying guns illegally easy for criminals.
    Some think sites like Facebook and Armslist make it too easy for bad people to buy guns.

    False.

    While Facebook may provide people with another outlet in which to sell/buy firearms and accessories, people still need to obey local laws. Years ago we were able to buy guns from a catalog and have them shipped right to our house, I don’t recall the insanity we’re dealing with today going on back then. FACT – Facebook pages that allow firearms to be listed have actually gotten bad people arrested. Law abiding citizens want to do good things, so they generally ask for ID, permit to carry, or permit to purchase, and meet in public places. There’s no more risk of selling a gun to a criminal via Facebook or Armslist (for example) than any other method.

  • Universal Background Checks
    Some feel this would make the world a safer place.

    False.

    This made up term is a cover up for gun registration, you simply cannot have ‘universal background checks’ without some form of gun registration. Why is that a problem? Look at Connecticut and New York for example, registration ultimately leads to confiscation, it’s happened over and over again.
    The problem isn’t law abiding citizens, the problem is violent criminals.Reality check: Violent criminals don’t obey the current laws. Murder, theft, rape, assault and breaking and entering, for example, are already illegal. Do you really think criminals are going to throw out their “high capacity” magazines or turn in their ‘assault weapons’, and register their guns?

    They won’t.
    So why are folks like Bloomberg, Paymar and Latz so amped up over getting new gun laws passed?

    Easy.
    They don’t want you to have them.

Minneapolis Police Sue NFL Over Gun Ban

Two Minneapolis police groups have handed the NFL a lawsuit saying their no guns policy against off duty officers violates state law.

I find that ironic, because it’s the Minneapolis police force that Governor Dayton consulted to base his decision to veto a bill that would have otherwise been passed into law 2 years ago and would have allowed citizens more protections under their 2nd amendment rights. Yet, when it’s officers rights that are being stripped away you feel as though you should have special privileges.

Sorry, but we all have those same rights – or should, under the 2nd amendment, but somehow over the years, piece by piece, they’ve been stripped to almost nothing.

The real kicker here is that partial funding for the new Viking’s Stadium is funded by the citizens, we own a piece of it yet it seems we have no say in the matter as carrying is forbidden for common law abiding folks like you and I who carry to protect ourselves from violent criminals.

Dennis Flaherty, executive director of the Minnesota Police and Peace Officers Association said; “This has nothing to do with arming citizens,” he said. “It’s only about disarming police officers.” Making it clear they were not concerned in the least about disarming good, law abiding citizens, but only to ensure off duty police officers had their rights restored at the stadium. He also said “Citizens could care less if the officer is on or off duty when a response is needed.”

Well Mr. Flaherty, we “citizens” like to protect ourselves as well and as law abiding citizens, should always have that ability to do so as guaranteed under the 2nd amendment.

Should off duty police be able to carry at the stadium, absolutely – but so should all law abiding citizens.

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