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This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
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[ 8 posts ] |
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Interstate highways, such as interstate 90
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cobb
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Post subject: Interstate highways, such as interstate 90 Posted: Sun Nov 13, 2005 10:03 pm |
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1911 tainted |
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Joined: Sun Aug 07, 2005 2:47 pm Posts: 3045
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Since South Dakota does recognize a Minnesota permit to carry, I thought this would be appropriate to post this question under Minnesota Carry Issues.
I had a student in my class this weekend that asked a question I have never been asked, or heard before. I looked on the South Dakota web site and found nothing, and this could loosely tie into other areas such as state highways through reservations. Anyway, the question was "Is my permit to carry good on interstate 90 since it is a federal highway?" I understand where this question came from, national highways/national parks and the similar verbiage, but I still say yes, and told him such, but also said I would research it more and let him know. I still say yes, I believe his permit is good on interstate 90 until someone can contradict this and point me to the statute that states as such. This is just something that I have to say is a given, but there is always those small pockets of law that never make it to the surface until challenged or addressed. I noted earlier a reservation, and I know they have exemption from some state laws, and even maybe some federal laws, but I do not believe they would pertain in this case.
So, any comment for discussion?
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Pakrat
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Post subject: Posted: Sun Nov 13, 2005 10:25 pm |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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I don't consider it a federal highway... But I guess that's my opinion.
There is obviously no mention of certain highways being off limits for guns. You know an anti would scream that there are no guns allowed on a highway, my god, think of the children...
We would have heard of this before, if not in MN, definately in another state. As there are a lot of these federal highways.
As for the reservation, I'm sure you've read the thread(s) here. The highways that go through reservations are thought of as belonging to the county/state so they are ok, but don't stop. This is probably not the law, so consult your lawyer.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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mobocracy
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Post subject: Posted: Mon Nov 14, 2005 8:27 am |
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Forum Moderator |
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Joined: Thu Aug 11, 2005 6:55 pm Posts: 986
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While the Interstate Highway System is funded by the Federal government, I don't think it's federal property in the same way that a VA facility or some other Federally owned, run and managed property is.
Maybe it's never crossed my radar screen, but I don't think that you're eligible for Federal charges if you speed or commit any other state crime on the Interstates (or U.S. highways). And that's probably the guiding factor; the STATE highway patrols patrol the Interstate and enforce STATE laws like speeding on the Interstates..
So I don't think you lose any carry privileges on them. Conversely, I don't think you'd gain any privileges, either, by driving on them.
Kind of off topic, but is there any kind of Federal carry permit? Has anyone ever talked about a Federal law that would recognize state-issued carry permits as being valid on any kind of Federal property, even tertiary Federal property like the U.S. interstate system?
And why doesn't the Full Faith & Credit clause cover carry permits? All the hubub over some states issuing same-sex marriage licenses and FF&C automatically extending them validity makes me wonder why a valid, state-issued carry permit wouldn't be automatically granted validity, except where other states specifically bar out-state permits.
Which is probably why, and the answer, but given the historical rarity of permits under may-issue permit systems, I wonder how many of them even addressed out of state permits at all.
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Macx
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Post subject: Posted: Mon Nov 14, 2005 9:37 am |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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Can I hear three cheers for "if it isn't forbidden by the law, it is permited"?
I'd like to see it on the one hand, but on the other. . . I worry about the ATF being given responsibility for something like that if it were Federal . . . and the Confederate or Constitutionalist or whatever I am politically doesn't like the idea of handing even more state's rights over to the Feds. I can see the ATF banning all handguns over .25acp / or which have barrels shorter than 8" because they lack sporting usage. . . yeah, that sounds like something the ATF might do, if its concealable it has to be .25 or less . . . otherwise, it has to be a "hunting gun". . . just some random, B.S., non-legislatively passed law like they seem so fond of enacting.
Off the soap box, to agree with Mobocracy that I have never seen a Fed running radar on the interstate, seems like it is state boys that do that.
_________________ Crime is contagious. If the government becomes a
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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Brewman
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Post subject: Posted: Mon Nov 14, 2005 10:20 am |
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Longtime Regular |
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Joined: Mon Aug 08, 2005 2:39 pm Posts: 1132 Location: Prior Lake, MN
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The interstate highways aren't really federal property- they are just a network of roads that are planned on a nation wide basis, v.s. a state highway or a county road. Federal funds were used to build the roads, but at least in Minnesota, the state plows snow, and does all maintenance.
So I'm guessing that regular old Minnesota laws apply for carrying firearms.
_________________ Brewman
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cobb
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Post subject: Posted: Mon Nov 14, 2005 10:56 am |
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1911 tainted |
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Joined: Sun Aug 07, 2005 2:47 pm Posts: 3045
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Brewman wrote: The interstate highways aren't really federal property- they are just a network of roads that are planned on a nation wide basis, v.s. a state highway or a county road. Federal funds were used to build the roads, but at least in Minnesota, the state plows snow, and does all maintenance.
So I'm guessing that regular old Minnesota laws apply for carrying firearms.
I agree, I justed want to throw out this question that I was ask by a student.
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Brewman
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Post subject: Posted: Mon Nov 14, 2005 11:34 am |
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Longtime Regular |
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Joined: Mon Aug 08, 2005 2:39 pm Posts: 1132 Location: Prior Lake, MN
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Throwing out questions like this is a good idea- at the very least it gets people thinking. And if one person is asking, there are probably dozens more who are wondering the same, but not asking.
Plus, discussions on this stuff is fun.
_________________ Brewman
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ttousi
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Post subject: Posted: Mon Nov 14, 2005 9:42 pm |
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Joined: Sun Aug 07, 2005 11:20 am Posts: 3311 Location: St. Paul, MN.
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Brewman wrote: Throwing out questions like this is a good idea- at the very least it gets people thinking. And if one person is asking, there are probably dozens more who are wondering the same, but not asking.
Plus, discussions on this stuff is fun.
The more we share the better we all become. As we share info, the answers to student questions become more uniform and comprehensive...which of course is good.
_________________ http://is.gd/37LKr
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