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 Do I Need A Permit? 
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 Post subject: Do I Need A Permit?
PostPosted: Wed Apr 08, 2009 6:42 am 
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Sorry if this has been covered before. Do I need a Carry Permit to open carry on my own property in my own yard?
I do have a Carry Permit and I am planning on "Testing the Waters" here in Duluth. I plan on starting small (in my yard) and I would like to be as informed as possible when the Police show up. I know they will and I know they will not be nice about it. I am expecting, guns drawn and "Hands on Your Head"!

Thanks
Steve


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PostPosted: Wed Apr 08, 2009 7:02 am 
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No permit is required if on your property or in your home. However, in Duluth it may be considered disturbing the peace. :D


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 Post subject: Duluth
PostPosted: Wed Apr 08, 2009 7:16 am 
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#1. I am not a lawyer.
Duluth is VERY anti Gun. If you carry on your own property, you may be "Disturbing the Peace", or some other Trumped up charge. You will need a lawyer, and $$$ for court. You man get a "Record" preventing you from getting a permit in the future. There Reciently was a fellow in Wisconsin, who was on his own property, planting Trees, Open Carry. He was arrested. I beleive he got off, but spent lawyer money and As Last I heard he didn't get his gun back yet. The Neighbor called it in, Disturbing the peace. Also don't step on to your Driveway, as that is sometimes "Gray Area" for Carrying in public.

PLEASE DON'T BE A TEST CASE!

KA0OLD

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PostPosted: Wed Apr 08, 2009 7:27 am 
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Location: Shakopee
Test cases are for others.
I'll see if I can find more out about the Wisconsin case. I remember reading it somewhere. Maybe someone else can help.


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 Post subject: Test Case
PostPosted: Wed Apr 08, 2009 7:48 am 
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Remember this is Wisconsin, Not Minnesota.
Brad Krause, West Allis, Wisconsin. Volume 16, No. 5 of the Wisconsin Outdoor News. www.wisconsinoutdoornews.com , March 6th.
Article first appeared in The lakeland Times of Minocqua and was reprinted with permission.
Krause was found NOT GUILTY, on Disorderly Conduct for openly Carrying a Holstered Firearm while planting trees in his yard. . . . .

Judge Paul Murphy also used his oral decision to Chastise the state legislature for not Clarifying The Legality of open Carry- The carrying of legal firearms in plain public view- and he chided the state's attorney general for refusing to take a stand.

(From the outdoor news in part).

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Last edited by KA0OLD on Wed Apr 08, 2009 9:07 am, edited 1 time in total.

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 Post subject: Re: Do I Need A Permit?
PostPosted: Wed Apr 08, 2009 7:57 am 
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steve4102 wrote:
Sorry if this has been covered before. Do I need a Carry Permit to open carry on my own property in my own yard?
I do have a Carry Permit and I am planning on "Testing the Waters" here in Duluth. I plan on starting small (in my yard) and I would like to be as informed as possible when the Police show up. I know they will and I know they will not be nice about it. I am expecting, guns drawn and "Hands on Your Head"!

Thanks
Steve
You're a grownup, so do what you think best. But if you're going to, I'd suggest that you line up your attorney in advance, as well as both the decoy video recorder and the hidden one.

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 Post subject:
PostPosted: Wed Apr 08, 2009 8:14 am 
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Location: Shakopee
KA0OLD thank you.


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 Post subject: The Lakeland Times
PostPosted: Wed Apr 08, 2009 8:48 am 
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http://lakelandtimes.com/main.asp?Searc ... onID=9&S=1

This is the link to the artical source. If you use the search with the word "Krause" , you will get 4 articles, set the date range from Feb to April.

KA0OLD

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PostPosted: Wed Apr 08, 2009 8:53 am 
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That's just kind of odd to me, that someplace known for being an "outdoor" destination is so up-tight about firearms. :?

-Mark


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PostPosted: Wed Apr 08, 2009 9:03 am 
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Good heavens! Is Duluth really that bad? :shock:
This all sounds like a little bit of paranoia to me...


At first I chalked up the OP's "knowledge" that
Quote:
they will [police show up] and I know they will not be nice about it. I am expecting, guns drawn and "Hands on Your Head"!
to inexperienced fear. Who among us didn't think the first time we carried concealed (or open, for that matter) that the whole world knew, and that cops would show at any moment?
However, with all the subsequent comments in agreement, you're all making me think Duluth is as bad as New Jersey. :shock: Has anyone had experience with this, or is it all supposition?

I mean, it IS Minnesota, not Wisconsin...
Isn't it? :?

Joel?
Andrew?
Paul?
Someone throw me a rope here...

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 Post subject:
PostPosted: Wed Apr 08, 2009 9:09 am 
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Seems to me that OC is legal in MN. I don't get the disturbing the peace part of legally OC'ing. To me that would be like getting charged with disturbing the peace for legally smoking a cigarette in your back yard... or infront of a mall for that matter.

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"If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)


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 Post subject:
PostPosted: Wed Apr 08, 2009 9:14 am 
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Carbide Insert wrote:
Good heavens! Is Duluth really that bad? :shock:
This all sounds like a little bit of paranoia to me...


At first I chalked up the OP's "knowledge" that
Quote:
they will [police show up] and I know they will not be nice about it. I am expecting, guns drawn and "Hands on Your Head"!
to inexperienced fear. Who among us didn't think the first time we carried concealed (or open, for that matter) that the whole world knew, and that cops would show at any moment?
However, with all the subsequent comments in agreement, you're all making me think Duluth is as bad as New Jersey. :shock: Has anyone had experience with this, or is it all supposition?

I mean, it IS Minnesota, not Wisconsin...
Isn't it? :?

Joel?
Andrew?
Paul?
Someone throw me a rope here...
I don't know anything, one way or another, about the Duluth PD -- although I do know that there's lots of good, service-oriented LEO types up north, as there are pretty much everywhere. (Honest.)

That said, the Duluth political establishment is virulently anti-gun, and it would not be shock to find that that's infected at least some badged folks there.

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 Post subject:
PostPosted: Wed Apr 08, 2009 9:15 am 
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PocketProtector642 wrote:
Seems to me that OC is legal in MN. I don't get the disturbing the peace part of legally OC'ing. To me that would be like getting charged with disturbing the peace for legally smoking a cigarette in your back yard... or infront of a mall for that matter.


You're right. Problem is, they can still arrest you and make you go through the legal hassles (and cost you money and time in the process), along with holding on to your gun for a VERY long time. :evil: :evil: :evil:

-Mark


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 Post subject:
PostPosted: Wed Apr 08, 2009 9:22 am 
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Quote:
Seems to me that OC is legal in MN. I don't get the disturbing the peace part of legally OC'ing. To me that would be like getting charged with disturbing the peace for legally smoking a cigarette in your back yard... or infront of a mall for that matter.


Yes, the unfortunate second half of that is that in MN, in some places, you have police who "write" their own laws rather than enforcing what is on the books and City Attorneys who encourage it. The end result is lawyer fees and City Attorney's/ Pd's who may have been court ordered to return your guns, but just haven't gotten around to it for 16 months or so after you aren't actually even charged with a crime. Yeah sure you will probably get your property back, if it doesn't end up planted on a dead kid and the lawyer fees are only money right?

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lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438


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 Post subject:
PostPosted: Wed Apr 08, 2009 9:23 am 
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It sucks that someone would get arrested while being in full compliance with the law. However, it wouldn't surprise me.


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