| Author | Post |
|---|
bnhcomputing
Founder's Club Member
| Joined: | Thu Dec 13th, 2007 |
| Location: | Wisconsin USA |
| Posts: | 906 |
| Status: |
Offline
|
|
Posted: Mon Dec 7th, 2009 01:17 pm |
|
I went through the class, and filed the paper work. I should have the permit within a week or two. My question concerns vehicle carry.
In Wisconsin, we MUST unload and encase. What is the law for vehicle carry in MN?
P.S. Please cite for reference.
|
Master Doug Huffman
Regular Member
|
Posted: Mon Dec 7th, 2009 01:22 pm |
|
bnhcomputing wrote: I went through the class,... What is the law for vehicle carry in MN? P.S. Please cite for reference. What was required to be learned to pass the class? Your questions seems fundamental to me.
If it was, hypothetically, illegal, would you observe the law as you do Wisconsin law?
Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$
|
WVCDL
State Researcher
|
Posted: Mon Dec 7th, 2009 06:26 pm |
|
| It's very simple: until you receive your permit to carry, Minn. Stat. § 624.714 subd. 1A prohibits you from "carr[ying], hold[ing], or possess[ing] a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place[.]" Minn. Stat. § 624.714 subd. 9 provides 5 exemptions, including a person who "transport[s] a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gunbox, or securely tied package." Since you have already applied for a permit to carry, you will soon not need to worry about these requirements. However, until then, you may not carry a pistol on or about your person or carry or transport it anywhere in a vehicle except as provided by Minn. Stat. § 624.714 subd. 9. For more information, see the MN BCA's Permit to Carry information page. Last edited on Mon Dec 7th, 2009 06:27 pm by WVCDL
|
Master Doug Huffman
Regular Member
|
Posted: Mon Dec 7th, 2009 09:35 pm |
|
Hmm, sounds very like
Wisconsin Stat. § 167.31 (Transportation in a motor vehicle.)
[ ...]
(2)(b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
and
Wisconsin Stat. § 941.23 (Concealed weapon prohibition.)
[ ...]
To “go armed” does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach; 2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden. State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
But then laws abide only the law abiding.
|
bnhcomputing
Founder's Club Member
| Joined: | Thu Dec 13th, 2007 |
| Location: | Wisconsin USA |
| Posts: | 906 |
| Status: |
Offline
|
|
Posted: Tue Dec 8th, 2009 01:57 am |
|
| I guess I need to be a little more clear. I get "on" my person but what about a loaded firearm in the glove box, no case, just the gun in the clove box. Would that be legal?
|
Joat
Regular Member
| Joined: | Tue Mar 11th, 2008 |
| Location: | Minnesota USA |
| Posts: | 25 |
| Status: |
Offline
|
|
Posted: Tue Dec 8th, 2009 03:40 am |
|
I hate to say this but this should have been covered in class and that would have been a good place to ask this kind of question. I am not a lawyer and I'm a PTC trainer so take what I say with a grain of salt.
Loaded gun in the car with a driver alone who has a permit, not a problem. Non permit holder alone driving the car = crime. Loader handgun in glove box drive has permit passenger doesn't is legal, driver gets out to fill gas tank passenger now in control of firearm and is in violation of 624.714. Also a glove box is not secure storage, they are incredibly easy to break into, I don't think it is a good place to store something as valuable and desirable an object of theft as a firearm.
The best place for a loaded handgun to be is in a holster on your belt.
|
bnhcomputing
Founder's Club Member
| Joined: | Thu Dec 13th, 2007 |
| Location: | Wisconsin USA |
| Posts: | 906 |
| Status: |
Offline
|
|
Posted: Tue Dec 8th, 2009 03:54 am |
|
Thank you for the clarification. That is the EXACT type of answer I was looking for.
|
Master Doug Huffman
Regular Member
|
Posted: Thu Dec 10th, 2009 10:56 am |
|
Joat wrote: [ ...]
I don't think it is a good place to store something as valuable and desirable an object of theft as a firearm.
The best place for a loaded handgun to be is in a holster on your belt. Other states disagree. One, for instance, says,
Unlawful carrying of handgun; exceptions. [SC ST SEC 16-23-20]
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
[ ...]
(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or
|
madrevar
Regular Member
|
Posted: Mon Dec 14th, 2009 09:20 am |
|
Without a permit in MN(you right now), you must have any handguns or longguns cased with no loaded mags inserted while in the passenger compartment. However, longguns can be uncased while in the trunk, or under other circumstances. With a pemit in MN, pistols would have no restrictions, while longguns remain unchanged. Passenger concerns notwithstanding, you can have as many handguns or configurations as you wish, open or concealed. My source:
https://www.revisor.mn.gov/statutes/?id=97B.045
|
Current time is 04:17 am | |
|
