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CharlesKane
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Post subject: Long Gun Carry Posted: Tue Oct 19, 2010 4:08 pm |
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Joined: Sat Oct 16, 2010 5:16 pm Posts: 16
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Is it legal to carry a long gun without a permit to carry?
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Jeremiah
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Post subject: Re: Long Gun Carry Posted: Tue Oct 19, 2010 4:18 pm |
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Raving Moderate |
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Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
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Maybe. Depends on context. In general: MN Revisor of Statutes wrote: 624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.
Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them. (a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter.
(b) "Carry" does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;
(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714;
(4) the carrying of an antique firearm as a curiosity or for its historical significance or value; or
(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.
(c) "Public place" means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: a person's dwelling house or premises, the place of business owned or managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields, or waters of this state where the person is present lawfully for the purpose of hunting or target shooting or other lawful activity involving firearms.
Subd. 2.Penalties. Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or about the person in a public place is guilty of a felony. Subd. 3.Exceptions. This section does not apply to 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. So, while hunting or target shooting in a legal area- good to go. On private property not "regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use"- good to go. In a public place, with a permit to carry- theoretically good to go, but not advisable for a plethora of reasons. In a public place, without a permit to carry- gross misdemeanor. ETA: IANAL, YMMV, consult your own financial professional before making any decisions that may have tax implications, etc.
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
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CharlesKane
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Post subject: Re: Long Gun Carry Posted: Tue Oct 19, 2010 4:24 pm |
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Joined: Sat Oct 16, 2010 5:16 pm Posts: 16
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Traveler
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Post subject: Re: Long Gun Carry Posted: Tue Oct 19, 2010 5:57 pm |
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Joined: Thu Aug 25, 2005 1:46 pm Posts: 845 Location: Saint Paul
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ahhh … why "what"? Could you flesh out a bit exactly what you are seeking? Are you challenging the Minnesota House? The Minnesota Senate? The governor who signed it into law? If you are seeking the rationale for passing such a law you might have to take that up with the individual legislators. If you are questioning why Jeremiah is making his own analysis of the law you will have to pose your question in such a way that it is directed solely to him. Me? I'm going to pop some popcorn, take a chair, and see exactly where this is going.
_________________ "To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical." - Thomas Jefferson
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tman065
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Post subject: Re: Long Gun Carry Posted: Tue Oct 19, 2010 11:43 pm |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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...and once you get in your vehicle, you're "transporting" a long gun. It'll need to be unloaded, and depending on where you are, cased as well.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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Jeremiah
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 7:40 am |
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Raving Moderate |
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Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
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I originally posted a simple "No"- I'm guessing the "why" is based on that. I came back 10 mins. or so later and added the citation and analysis.
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
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CharlesKane
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 12:12 pm |
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Joined: Sat Oct 16, 2010 5:16 pm Posts: 16
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exactly i asked the question because i didn't see where it talked about long guns. only pistols and on my permit it only says pistols but i am pretty sure with permit i can carry pistol and long, under the Minnesota personal protection act
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Jeremiah
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 12:32 pm |
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Raving Moderate |
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Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
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While in theory it is permissible, from a statutory perspective, you're likely in for a very rough time* if you do, and may well cause that part of the law to change for the worse if it gets any significant media attention. Please consider this.
*A charge of "disorderly conduct" wouldn't be out of the question, for instance, along with confiscation of the weapon in question. You may beat the charge, if you can afford the attorney, but you're still out time, money, etc...
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
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Dick Unger
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 12:52 pm |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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It's in the statute that prohibits carrying firearms ns in a public place. The statute said if you have a pistol permit then you are NOT "carrying" for the purpose of that statute. So, there is no Minnesota law against having a long gun in a public place if you have a pistol permit. That which is not prohibited is "legal".
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Jeremiah
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 1:15 pm |
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Raving Moderate |
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Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
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Dick Unger wrote: It's in the statute that prohibits carrying firearms ns in a public place. The statute said if you have a pistol permit then you are NOT "carrying" for the purpose of that statute. So, there is no Minnesota law against having a long gun in a public place if you have a pistol permit. That which is not prohibited is "legal". Yup- That's 624.7181, the statute I quoted above. Unfortunately "legal" != "Won't be detained/cited/arrested by cops who either don't know the law or don't think it applies to them"; I've got (unfortunately) some experience with this. Just trying to keep him from a similar problem.
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
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JimC
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 2:49 pm |
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Joined: Sat Jul 22, 2006 4:56 pm Posts: 1109
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No reason to "carry" a long gun. The nail that sticks out gets hammered on.
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Moby Clarke
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 3:55 pm |
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Joined: Tue Aug 16, 2005 9:09 pm Posts: 965 Location: North Minneapolis
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JimC wrote: No reason to "carry" a long gun. The nail that sticks out gets hammered on. Of course there may be a legit reason to carry a long gun. You may not think there is. I may not think there is but some might and Charles might just be that guy. We know not the situation he has in mind, nor do we know if he is asking a hypothetical or not. Your blanket statement is unwarrented.
_________________ It is about Liberty!
Political Correctness is a doctrine fostered by a delusional, illogical liberal minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Chris
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CharlesKane
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 4:33 pm |
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Joined: Sat Oct 16, 2010 5:16 pm Posts: 16
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No I had no plans on doing it but I like to be informed
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chunkstyle
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Post subject: Re: Long Gun Carry Posted: Wed Oct 20, 2010 8:18 pm |
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Longtime Regular |
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Joined: Wed Sep 21, 2005 8:28 pm Posts: 2362 Location: Uptown Minneapolis
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Timing is everything.
_________________ "The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960
"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat
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Dick Unger
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Post subject: Re: Long Gun Carry Posted: Thu Oct 21, 2010 4:58 am |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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A security guard or a bail agent would commonly have a long gun sometimes, and carrys under the same permit you have.
Open carry by a non-uniformed person will cause confusion sometimes....
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