| Author | Post |
|---|
Zaptoman
Regular Member
| Joined: | Tue Feb 26th, 2008 |
| Location: | Michigan |
| Posts: | 4 |
| Status: |
Offline
|
|
Posted: Sat Mar 8th, 2008 05:58 pm |
|
I will have a backpack on, with my .410 shotty strapped to it (in a scabbard presumably). Will there be a problem with this?
|
Joat
Regular Member
| Joined: | Tue Mar 11th, 2008 |
| Location: | Minnesota USA |
| Posts: | 17 |
| Status: |
Offline
|
|
Posted: Tue Mar 11th, 2008 06:11 pm |
|
From Minnesota statutes, unloaded and cased* no problem. If you have a carry permit recognized by Minnesota and you are not in a motor vehicle, open or cased, loaded or not is legal. In a motor vehicle it must be unloaded and cased even if you have a carry permit.
*Cased is: a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed
Minnesota Statutes
624.7181
97B.045
|
Zaptoman
Regular Member
| Joined: | Tue Feb 26th, 2008 |
| Location: | Michigan |
| Posts: | 4 |
| Status: |
Offline
|
|
Posted: Tue Mar 11th, 2008 10:46 pm |
|
Joat wrote: From Minnesota statutes, unloaded and cased* no problem. If you have a carry permit recognized by Minnesota and you are not in a motor vehicle, open or cased, loaded or not is legal. In a motor vehicle it must be unloaded and cased even if you have a carry permit.
*Cased is: a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed
Minnesota Statutes
624.7181
97B.045 Okay, so....like long gun NOT SO open carry.
|
montigunman
Regular Member
| Joined: | Thu Jan 15th, 2009 |
| Location: | |
| Posts: | 10 |
| Status: |
Offline
|
|
Posted: Thu Jan 15th, 2009 07:21 am |
|
Zaptoman wrote: Joat wrote: From Minnesota statutes, unloaded and cased* no problem. If you have a carry permit recognized by Minnesota and you are not in a motor vehicle, open or cased, loaded or not is legal. In a motor vehicle it must be unloaded and cased even if you have a carry permit.
*Cased is: a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed
Minnesota Statutes
624.7181
97B.045 Okay, so....like long gun NOT SO open carry.
this is not totally correct what Joat wrote . the open carry of a shot gun would only be allowed if you where hunting or on a range or at a shooting event. It doesn't matter if you have a permit or not.
|
Joat
Regular Member
| Joined: | Tue Mar 11th, 2008 |
| Location: | Minnesota USA |
| Posts: | 17 |
| Status: |
Offline
|
|
Posted: Sat Jan 17th, 2009 12:25 am |
|
Actually montigunman, if you read 624.718
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714; It is permitted to carry long guns if you have a MN carry permit, I'm not saying you won't be hassled by police that haven't bothered to read the law they swore to up hold but the way the law is written it is legal.
In a motor vehicle it is a different matter:
97B.045 TRANSPORTATION OF FIREARMS. Subdivision 1. Restrictions. A person may not transport a firearm in a motor vehicle unless the firearm is: (1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed; (2) unloaded and in the closed trunk of a motor vehicle; or (3) a handgun carried in compliance with sections 624.714 and 624.715.
there is an exception for carry permit holders to carry a hand gun, but no exception listed for long guns. Rereading it I don't see an exemption for law enforcement to carry loaded uncased long guns in motor vehicles either.
|
montigunman
Regular Member
| Joined: | Thu Jan 15th, 2009 |
| Location: | |
| Posts: | 10 |
| Status: |
Offline
|
|
Posted: Sat Jan 17th, 2009 08:20 am |
|
Joat wrote: Actually montigunman, if you read 624.718
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714; It is permitted to carry long guns if you have a MN carry permit, I'm not saying you won't be hassled by police that haven't bothered to read the law they swore to up hold but the way the law is written it is legal.
In a motor vehicle it is a different matter:
97B.045 TRANSPORTATION OF FIREARMS. Subdivision 1. Restrictions. A person may not transport a firearm in a motor vehicle unless the firearm is: (1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed; (2) unloaded and in the closed trunk of a motor vehicle; or (3) a handgun carried in compliance with sections 624.714 and 624.715.
there is an exception for carry permit holders to carry a hand gun, but no exception listed for long guns. Rereading it I don't see an exemption for law enforcement to carry loaded uncased long guns in motor vehicles either.
after reading statue 624.718 2 times. I can see how one can come to the conculsion that Subd 1(b)(3) is the exemption for the penalty listed in Subd 2. As Far as law enforcement go they get around Statue 97B.045 because of Subd 3 of 624.718 also remember that statue 97B.045 is a law that is related to game and fish (DNR Laws)
also there is one other issue at hand then. If you read the offical wording on the permit it self it reads "State of Minnesota Permit to Carry A Pistol" therefore the permit would not be valid for long guns but like I said above 624.718 Subd 1(b)(3) would give you the exception but then the state would need to change the wording on the permit from "Pistol" to "Firearm" they would also have to change the wording of 97B.045 Subd 1(3) from "A handgun carried in compliance with 624.714" to "A firearm carried in compliance with 624.714"
As far as minnesota goes doesn't loaded in minnesota only mean the actual chamber of the firearm and not the magizine. I don't have the actual statue in front of me the define what is loaded or not loaded.
|
montigunman
Regular Member
| Joined: | Thu Jan 15th, 2009 |
| Location: | |
| Posts: | 10 |
| Status: |
Offline
|
|
Posted: Sat Jan 17th, 2009 08:28 am |
|
montigunman wrote: Joat wrote: Actually montigunman, if you read 624.718
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714; It is permitted to carry long guns if you have a MN carry permit, I'm not saying you won't be hassled by police that haven't bothered to read the law they swore to up hold but the way the law is written it is legal.
In a motor vehicle it is a different matter:
97B.045 TRANSPORTATION OF FIREARMS. Subdivision 1. Restrictions. A person may not transport a firearm in a motor vehicle unless the firearm is: (1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed; (2) unloaded and in the closed trunk of a motor vehicle; or (3) a handgun carried in compliance with sections 624.714 and 624.715.
there is an exception for carry permit holders to carry a hand gun, but no exception listed for long guns. Rereading it I don't see an exemption for law enforcement to carry loaded uncased long guns in motor vehicles either.
after reading statue 624.718 2 times. I can see how one can come to the conculsion that Subd 1(b)(3) is the exemption for the penalty listed in Subd 2. As Far as law enforcement go they get around Statue 97B.045 because of Subd 3 of 624.718 also remember that statue 97B.045 is a law that is related to game and fish (DNR Laws)
also there is one other issue at hand then. If you read the offical wording on the permit it self it reads "State of Minnesota Permit to Carry A Pistol" therefore the permit would not be valid for long guns but like I said above 624.718 Subd 1(b)(3) would give you the exception but then the state would need to change the wording on the permit from "Pistol" to "Firearm" they would also have to change the wording of 97B.045 Subd 1(3) from "A handgun carried in compliance with 624.714" to "A firearm carried in compliance with 624.714"
As far as minnesota goes doesn't loaded in minnesota only mean the actual chamber of the firearm and not the magizine. I don't have the actual statue in front of me the define what is loaded or not loaded.
I found that statue that defines loaded vs unloaded it is 97A.015 Subd 51
|
Joat
Regular Member
| Joined: | Tue Mar 11th, 2008 |
| Location: | Minnesota USA |
| Posts: | 17 |
| Status: |
Offline
|
|
Posted: Sun Jan 18th, 2009 11:46 pm |
|
after reading statue 624.718 2 times. I can see how one can come to the conculsion that Subd 1(b)(3) is the exemption for the penalty listed in Subd 2. As Far as law enforcement go they get around Statue 97B.045 because of Subd 3 of 624.718 also remember that statue 97B.045 is a law that is related to game and fish (DNR Laws)
also there is one other issue at hand then. If you read the offical wording on the permit it self it reads "State of Minnesota Permit to Carry A Pistol" therefore the permit would not be valid for long guns but like I said above 624.718 Subd 1(b)(3) would give you the exception but then the state would need to change the wording on the permit from "Pistol" to "Firearm" they would also have to change the wording of 97B.045 Subd 1(3) from "A handgun carried in compliance with 624.714" to "A firearm carried in compliance with 624.714"
First the wording on the permit card doesn't matter, It is also functions as a permit to purchase a handgun or "semiautomatic military-style assault weapon". Subdivision 3 of 624.718 applies to permit holders only not peace officers, and it doesn't provide a defense for a violation of statue 97B.045.
97B.045 deals with firearms in motor vehicles, it is part of the the fish and game statues but it still applies even if you are not hunting or fishing. The exceptions are if the gun is unloaded and cased, unloaded and in the trunk, or a hand gun carried in compliance with sections 624.714 and 624.715. 624.715 is an exception for antiques and doesn't really apply to the discussion. And also a section covering disabled hunters that is also not relevant.
624.714 deals with pistols carried in motor vehicles and on or about a person in public. Basically it is illegal unless you have a permit described in the statute or a peace officer. It only applies to pistols (interesting that it's pistol in 624.714 and handgun in 97b.045)
624.718 covers carrying rifles and shotguns in public, making it illegal to carry one with some exceptions: - To, from, or at a place where firearms are repaired, bought, sold, traded, or displayed.
- Where hunting, target shooting, or other lawful activity involving firearms occurs. (I'm guessing not including self defense)
- At funerals, parades, or other lawful ceremonies.
- Unloaded and in a cased
- A person who has a permit under section 624.714
- An antique firearm as a curiosity or for its historical significance or value
- In compliance with section 97B.045. (some what redundant with #4)
- Officers, employees, or agents of law enforcement agencies or the armed forces of this state or the United States, or private detectives or protective agents, to the extent that these persons are authorized by law to carry firearms and are acting in the scope of their official duties.
In summary:
624.718 makes carrying a long gun in public a gross misdemeanor but gives an exception to peace officers and permit holders.
97B.045 makes carrying a firearm in a motor vehicle illegal(I'm not sure what the penalty for breaking it is) but gives exceptions for guns that unloaded and cased or in the trunk, and hang guns for people allowed under section 624.714.
624.714 makes carrying a pistol a gross misdemeanor and makes exceptions for peace officers and permit holders, and gives the process for applying for and granting a permit to carry.
It is legal to carry a long gun in public if you have a Minnesota carry permit. It is not legal to have a loaded or uncased long gun in a motor vehicle. The law is badly written and hard to read, but that's what you get when you let lawyers make law.
For another example of badly written and researched law look at 609.667, and look up United States Code, title 26, section 5842 and the definition of firearm in that section of US code.
|
SlackwareRobert
Regular Member
| Joined: | Tue Jun 10th, 2008 |
| Location: | Alabama |
| Posts: | 943 |
| Status: |
Offline
|
|
Posted: Fri Jan 23rd, 2009 09:52 pm |
|
So if the leo is harrassing an OC'r, and has a shotgun in his vehicle
he is breakng the law, since harrassment is not an official duty.
Do we make the citizens arrest on the spot, or wait till the dissorderly conduct
charge is thrown out?
Now what is the barel length wiggle area between pistol and long gun?
My first .22 rifle is much to small, so I shoot it like a pistol now.
Maybe the grand kids will be right handed in the future, and can learn with it.
|
wacovl
Regular Member
|
Posted: Mon May 25th, 2009 05:38 pm |
|
| Violations of 97B.045 result in civil forfeiture of firearm. No criminal charge. Also, a rifle or shotgun unloaded in the trunk does not need a case. Last edited on Mon May 25th, 2009 05:43 pm by wacovl
|
Hiperf2009
Regular Member
|
Posted: Sat Jun 27th, 2009 05:48 am |
|
| I have my permit to carry. I was interested in your comment about not being able to carry a pistol in your car. I have mine on a blackhawk side holster when I leave my house. I find it stupid to remove it from my belt just because I get into my pickup. I am not saying you are wrong, but I have never heard of not being able to have it on your in a car/truck if you have a permit to carry. I was told in our class that we could have a loaded gun sitting on the seat next to us and it was legal. How is the seat next to you any different than having it where it's suppose to be. Why handle it more than you need too? I would really like to see where this information is when a car/truck. I'm interested..
|
Joat
Regular Member
| Joined: | Tue Mar 11th, 2008 |
| Location: | Minnesota USA |
| Posts: | 17 |
| Status: |
Offline
|
|
Posted: Mon Jul 6th, 2009 03:26 am |
|
I never said that you couldn't carry a loaded handgun, the topic was carrying long guns. My reading of the law was that legally there is no difference between the two except that you and have a loaded and/or uncased hand gun in a motor vehicle, a loaded or uncased long gun is a crime.
|
Current time is 11:43 am | |
|
|
|
