Minnesota is not a point of contact state for firearm purchaser background checks. In Minnesota, firearms dealers must initiate the background check required by federal law by contacting the FBI directly. State law requires local law enforcement to perform an additional background check in certain situations. With certain exceptions, if a person wishes to acquire a handgun or semiautomatic military-style assault weapon from a federally licensed dealer but does not have a transferee permit or a permit to carry a handgun , state law requires the dealer to file a report with the local police chief or sheriff, who then performs a background check.
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Local law enforcement also must conduct a background check whenever a person applies for a transferee permit or a permit to carry a handgun. Under the FCRA , background screening companies may be liable not only for inaccurate information, but also if the information is misleading in such a way and to such an extent that it can adversely affect employment decisions.
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The FCRA also prohibits certain information from being reported by a background screening company. Importantly, a background report cannot include arrests or criminal charges that did not result in a conviction that predate the report by more than seven years.
Background Checks
This is an important prohibition, as many arrests and criminal charges never result in a conviction. The FCRA allows an individual to bring a lawsuit against a background screening company if that company produces a criminal background report that includes false or misleading information or if it reports information prohibited from disclosure.
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This data provides a basis for the EEOC to investigate violations of Title VII where it is alleged that criminal record exclusions have a disproportionate effect of excluding employees and applicants of certain racial and national origin groups. This prohibition may intersect with employment background check reports as employers may require applicants to provide information such as date of birth in connection with a pre-employment background check.
Contact Our Minnesota Employment Law and Class Action Attorneys If you have been subject to a background check that contains false or misleading information, or information that is prohibited from disclosure under the FCRA , we want to hear from you. Skip to main content.