Twin Cities Carry Forum Archive :: View topic - Discharge of a firearm in St. Paul

Jeremiah wrote:

There's always "disorderly conduct", and "disturbing the peace", to begin with.

PocketProtector642 wrote:

Dick Unger wrote:

For the City charge, they just have to prove the gun was intentionally fired in the city by the defendant. Usually that won't even be subject to reasonable dispute.

What would they charge you with?

Quote:

Sec. 225.06. Discharge of firearms.
(a) When discharge permitted. No firearm shall be discharged or attempted to be discharged within the city except in the following cases:
(1) In lawful defense of person or property against an unlawful act.
(2) By persons holding permits to carry a firearm pursuant to state statute(s), peace officers or military personnel in the course of their duties and in necessary connection with enforcement of the laws.

para45lda wrote:

Quote:
(1) In lawful defense of person or property against an unlawful act.

so its always been told to me that you cant use a firearm in protection of property but this is saying you can as far as i read it. any clarification on that?

Quote:

609.06 AUTHORIZED USE OF FORCE:
Subdivision 1.When authorized.Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:
.....4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property

Quote:

609.065 JUSTIFIABLE TAKING OF LIFE.
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.

Quote:

Minn. Stat. 609.66, Subd. 1a.

Felony crimes; silencers prohibited; reckless discharge.

(a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

Author:	Jeremiah [ Fri May 08, 2009 2:17 pm ]
Post subject:
There's always "disorderly conduct", and "disturbing the peace", to begin with.

Author:	PocketProtector642 [ Fri May 08, 2009 3:35 pm ]
Post subject:
Jeremiah wrote: There's always "disorderly conduct", and "disturbing the peace", to begin with. Ahh! The catch-alls!

Author:	Dick Unger [ Fri May 08, 2009 6:47 pm ]
Post subject:
PocketProtector642 wrote: Dick Unger wrote: For the City charge, they just have to prove the gun was intentionally fired in the city by the defendant. Usually that won't even be subject to reasonable dispute. What would they charge you with? Quote: Sec. 225.06. Discharge of firearms. (a) When discharge permitted. No firearm shall be discharged or attempted to be discharged within the city except in the following cases: (1) In lawful defense of person or property against an unlawful act. (2) By persons holding permits to carry a firearm pursuant to state statute(s), peace officers or military personnel in the course of their duties and in necessary connection with enforcement of the laws. Maybe violation of the "in the course of their duties and in connection with the enforcement of the laws" part. They might not believe you have the duty, as a private person, to target shoot in Como Park. Or something like that.

Author:	parap1445 [ Fri May 15, 2009 4:53 pm ]
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para45lda wrote: Quote: (1) In lawful defense of person or property against an unlawful act. so its always been told to me that you cant use a firearm in protection of property but this is saying you can as far as i read it. any clarification on that? IANAL but let me take a shot (no pun intended) at this. First off, If you use your gun I highly doubt any charges are going to come under a city ordnance. Much more likely that any potential prosecution would be under state statues. Quote: 609.06 AUTHORIZED USE OF FORCE: Subdivision 1.When authorized.Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist: .....4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property The key here would be the degree of force used. A firearm is considered Deadly Force. Though if you were to display the gun to get the person to stop the commission of the property crime and not actually fire the gun you might get away with it. Quote: 609.065 JUSTIFIABLE TAKING OF LIFE. The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode. If it is a property crime and there is no physical threat to you. I would call the police, get accurate descriptions of the suspect(s) and any vehicle(s) involved and be a good witness. There are a lot of people on this forum with much more legal expertise than me, and more knowledge of MN case law on these matters. Maybe one of them will chime in and explain this better.

Author:	acemadison [ Tue May 19, 2009 4:15 pm ]
Post subject:
Sec. 225.06. Discharge of firearms. (a) When discharge permitted. No firearm shall be discharged or attempted to be discharged within the city except in the following cases: (1) In lawful defense of person or property against an unlawful act. (2) By persons holding permits to carry a firearm pursuant to state statute(s), peace officers or military personnel in the course of their duties and in necessary connection with enforcement of the laws you guys are going about it all wrong , just tell the officeR when he arrives " AS PERMIT HOLDER I AM BY LAW ALLOWED TO ATTEMPT TO DISCHARGE A WEPON, AND I SUCEEDED

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Author:	jdege [ Tue May 19, 2009 4:30 pm ]
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Quote: Minn. Stat. 609.66, Subd. 1a. Felony crimes; silencers prohibited; reckless discharge. (a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b): (1) sells or has in possession any device designed to silence or muffle the discharge of a firearm; (2) intentionally discharges a firearm under circumstances that endanger the safety of another; or (3) recklessly discharges a firearm within a municipality.

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