Dear Mosin:
Thank you for contacting me regarding House File 953. As the author of
this legislation, I want to clearly dispel the misinformation that
surrounds this proposal.
This bill is good policy. Since this legislation was first introduced
last year, I have worked with opponents and proponents to resolve any
outstanding issues and allay any concerns that law abiding gun owners
and sellers have about the intent of the bill. I also worked with law
enforcement officials who are concerned about this loophole in our
background check law. HF 953 addresses many concerns brought forth by
sportsmen, gun dealers, and privacy rights advocates. Let me tell you
how this bill does NOT infringe upon your second amendment rights and
let me tell you what it does do.
Most importantly, every individual who can legally purchase a pistol or
semiautomatic military-style assault weapon in Minnesota will still be
able to DO so if this bill passes. This bill simply closes an unintended
loophole in our background check provisions. Under current federal and
state laws, persons convicted of a felony, those convicted of a domestic
assault, and people with SERIOUS mental health problems are not allowed
to purchase or possess pistols or semiautomatic military-style assault
weapons. Under current law, anyone purchasing a pistol or semiautomatic
military-style assault weapons must have a background check to ensure
they aren’t disqualified from possessing this kind of firearm. The
loophole is, that people can purchase pistols and semiautomatic
military-style assault weapons from unlicensed sellers without obtaining
a background check.
House File 953 DOES the following:
HF 953 DOES keep the current law in place. The same requirements that
buyers now follow when they buy a pistol or semiautomatic military-style
assault weapon from a licensed dealer, like Gander Mountain, would be
applied when they buy a pistol or semiautomatic military-style assault
weapon from an unlicensed seller, at a gun show, or on the internet.
HF 953 DOES help enforce the legislative intent of current law.
Individuals who have lost their eligibility to purchase a pistol or
semiautomatic military-style assault weapons still have avenues in the
current system allowing them access to guns. HF 953 simply requires a
background check. This is already standard for most gun sales in
Minnesota, when a sale is conducted by a licensed dealer and includes
pistols or semiautomatic military-style assault weapons.
HF 953 DOES help law enforcement. The Minnesota Chiefs of Police
Association supports this bill as do individual law enforcement
agencies. Police officers recognize the danger of allowing people who
are ineligible to possess a pistol or a semiautomatic military-style
assault weapon to purchase these weapons without a background check.
Additionally, law enforcement agencies currently charge a fee for
conducting background checks when an application is submitted to carry a
pistol. However, law enforcement is not allowed by statute to charge a
fee for conducting “permit to purchase” background checks. This is
an important task for law enforcement agencies and they are asked to
conduct thousands of checks per year. HF 953 sets a maximum fee at
cost, plus $5.00.
House File 953 DOES NOT do the following:
HF 953 DOES NOT establish gun registration. The background check, set
forth in this bill, only determines if a buyer is legally allowed to
purchase a pistol or semiautomatic military-style assault weapon. It
does not require buyers to register individual purchases with law
enforcement. It uses the existing FBI instant background check system,
which does not connect a purchase of a weapon to a purchaser. After
conducting an instant background check on a gun buyer, the FBI is
required by law to destroy its record within 24 hours. Only the
licensed dealer maintains the record of the sale. Existing law allows
people to voluntarily leave a record of a gun sale with local
police--this bill does not change that.
The second paragraph in the bill (which in legislative language is
called a repealer) also does nothing to change existing law - it is only
the removal of a duplication of sec. 11 subd. 8.
HF 953 DOES NOT affect hunters. Private sales of rifles, like kitchen
table trades, are not affected by this legislation. Sales at gun shows
would be treated the same way as sales of pistols and semiautomatic
military-style assault weapons from licensed dealers at sporting goods
stores.
HF 953 DOES NOT affect transfers among family members.
Let me reiterate, HF 953 does not affect law abiding Minnesotans from
purchasing these weapons. Only people who are already disqualified from
buying pistols or semiautomatic military-style assault weapons would be
prevented from making a purchase if a background check determined they
were ineligible. Most people who sell pistols and semiautomatic
military-style assault weapons at gun shows are licensed dealers-this
bill does not affect them.
It is unfortunate that misinformation about HF 953 continues to be sent
out to law-abiding Minnesotans. I have worked with law enforcement on
behalf of crime victims for over twenty-five years and my only intent
with this bill is to make our communities safer. I urge you to read the
bill and draw your own conclusions. Reasonable people can disagree, but
I think that you will find that this bill in no way infringes upon your
second amendment rights. I have no illusions that criminals will
continue to get their hands on pistols and semiautomatic military-style
assault weapons. It is my hope, that this bill (even in a small way)
will plug a loophole in our current law, so we can keep dangerous
weapons out of the hands of dangerous people.
Sincerely,
Michael Paymar
State Representative
Michael Paymar
Chair, Public Safety Finance Committee
Minnesota House of Representatives
543 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, MN 55155
office: 651-296-4199
rep.michael.paymar@house.mn
