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 Need help with firearm discharge law on own property 
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 Post subject: Need help with firearm discharge law on own property
PostPosted: Thu Sep 17, 2009 9:23 am 
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Hi guys,

I'm hoping someone can fill me in on the laws regarding discharging a firearm on your own property. Now for why it's in Stupid Gun Stuff.

The BF of a gal I know was arrested in the middle of the night (last night) at his property in Minnetrista (near Mound). Apparently (details are sketchy right now) he had discharged a firearm (not sure what) very late last night on his rural property (again, never been there, going on what I was told).

Sometime later, while they were sleeping, the cops show up, complete with SWAT team and helicopter, and by loudspeaker demand they come out or they'd fire teargas into the home. The gal came out first to find what the problem was, and was tackled to the ground and cuffed. The BF was arrested and is now in H-Co jail.

They searched his home and removed all guns, and are apparently executing a search warrant now on his entire property, including barns and out buildings.

Here's my questions:

1) What laws did he violate (if indeed was was firing a gun well after dark on his own property)?

2) If he did break some law(s), and is convicted, what are the odds of him getting his guns back? I understand he has a fairly good collection.

I should probably know these answers, but I'm not a hunter and only practice at the range.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Thu Sep 17, 2009 9:47 am 
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Aquaholic wrote:
Hi guys,

I'm hoping someone can fill me in on the laws regarding discharging a firearm on your own property. Now for why it's in Stupid Gun Stuff.

The BF of a gal I know was arrested in the middle of the night (last night) at his property in Minnetrista (near Mound). Apparently (details are sketchy right now) he had discharged a firearm (not sure what) very late last night on his rural property (again, never been there, going on what I was told).

Sometime later, while they were sleeping, the cops show up, complete with SWAT team and helicopter, and by loudspeaker demand they come out or they'd fire teargas into the home. The gal came out first to find what the problem was, and was tackled to the ground and cuffed. The BF was arrested and is now in H-Co jail.

They searched his home and removed all guns, and are apparently executing a search warrant now on his entire property, including barns and out buildings.

Here's my questions:

1) What laws did he violate (if indeed was was firing a gun well after dark on his own property)?
Probably discharge within city limits (a misdemeanor); possibly reckless discharge in city limits (a felony -- that's the one that Treptow pleaded out on.) There are situations where shooting within city limits isn't a crime at all, but if, say, he was out plinking, even on his own property, he's probably not going to be able to be successful in claiming he fell into one of the exceptions. ETA: he should not assume I'm right on that; he should consult a good lawyer, not just a guy who knows a bit about this stuff.
Quote:

2) If he did break some law(s), and is convicted, what are the odds of him getting his guns back? I understand he has a fairly good collection.
Tiny.
Quote:

I should probably know these answers, but I'm not a hunter and only practice at the range.
Just to belabor the obvious: he needs a good lawyer; this sounds to me like case for David Gross.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Thu Sep 17, 2009 9:51 am 
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Minnetrista allows shooting in city limits if it's a shotgun. Not sure if there is a requirement for property size or distance from dwellings.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Thu Sep 17, 2009 11:28 am 
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If I'm looking at the right person being held at Henn Co Jail - it's just listed as "Weapons" without a more formal description of the charge -- still a probable cause arrest - so not yet formally charged by the prosecutor.

But someone more familiar with MN criminal law should probably weigh in -- this is my outsider perspective :)
B

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 8:10 am 
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princewally wrote:
Minnetrista allows shooting in city limits if it's a shotgun. Not sure if there is a requirement for property size or distance from dwellings.


Are there any day/night restrictions? (other than what should be common sense?)

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 8:18 am 
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bstrawse wrote:
If I'm looking at the right person being held at Henn Co Jail - it's just listed as "Weapons" without a more formal description of the charge -- still a probable cause arrest - so not yet formally charged by the prosecutor.

But someone more familiar with MN criminal law should probably weigh in -- this is my outsider perspective :)
B


Yeah that's him. Thanks for the idea, I wouldn't have thought to look him up that way.

It sounds like the cops executed a search warrant yesterday too, on the whole property. I can't seem to find out what was listed on the warrant that they were looking for. As far as I know, the guy's not into drugs at all (or so I'm told). Would they really go to all of this effort for some idiot that just fired his gun (possibly- quite likely- stupidly) ?

Here's an interesting tidbit:

Apparently AFTER they had arrested the guy, and the gal I know was being "interviewed", they still shot teargas into the house through a window. WTF???

Do you think I could get dash cam footage from this raid?

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 5:26 pm 
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Aquaholic wrote:
Would they really go to all of this effort for some idiot that just fired his gun (possibly- quite likely- stupidly) ?

Here's an interesting tidbit:

Apparently AFTER they had arrested the guy, and the gal I know was being "interviewed", they still shot teargas into the house through a window. WTF???

Do you think I could get dash cam footage from this raid?


The whole point of power is to exercise it. They are demonstrating that they can do what they want, to whom they want, and when they want. They need no other rationale.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 8:32 pm 
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Aquaholic wrote:
princewally wrote:
Minnetrista allows shooting in city limits if it's a shotgun. Not sure if there is a requirement for property size or distance from dwellings.


Are there any day/night restrictions? (other than what should be common sense?)


That, I don't know.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 8:43 pm 
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princewally wrote:
Aquaholic wrote:
princewally wrote:
Minnetrista allows shooting in city limits if it's a shotgun. Not sure if there is a requirement for property size or distance from dwellings.


Are there any day/night restrictions? (other than what should be common sense?)


That, I don't know.


City code:

Bad city:
1125.17. Transportation of firearms.

No person will transport any firearm within the city unless such firearm is dismounted,
broken apart, or carried in a closed case or is otherwise incapable of being readily discharged.
This subsection will not apply to authorized law enforcement officers if such firearm is carried
while on duty or in accordance with the rules of their department.

More bad city:
1125.05. Permit to carry weapons.
Subdivision 1. Application. Any person may apply for a permit to carry a weapon by
providing the following information in writing to the city chief of police:
(a) The name, residence, telephone number and driver's license number or
nonqualification certificate number, if any, of the applicant;
(b) The sex, date of birth, height, weight and color of eyes of the applicant;
(c) A statement by the applicant that the applicant is not prohibited by any provision
of this section from carrying a weapon.
The statement must be signed by the person applying for a permit. At the time of the
application, the local police authority must provide the applicant with a dated receipt for the
application.
Subd. 2. Forms. The chief of police must make permit application forms available
throughout the community. There will be no charge for forms, reports, investigations,
notifications, waivers or any other act performed or materials provided by a government
employee or agency in connection with application for or issuance of a permit under this
subsection.
Subd. 3. Investigation. The chief of police must check criminal histories, records and
warrant information relating to the applicant through the Minnesota crime information system.
Subd. 4. Notice to surrounding landowners. The city may require notice of the application
be given to surrounding landowners and an opportunity for them to comment prior to final
consideration of the issuance of a permit.
Subd. 5. Fee. Each application for a permit must be accompanied by a fee established from
time to time by a resolution.
Subd. 6. Granting of permits. The chief of police must issue a permit or deny the application
within seven days of application for the permit. The chief of police must provide an applicant
with written notification of a denial and the specific reason for the denial. The permits and their
renewal must be granted free of charge.
Minnetrista City Code 1125.05, Subd. 7
Subd. 7. Grounds for disqualification. A determination by the chief of police that the
applicant is prohibited by this section from carrying a weapon must be the only basis for refusal
to grant a permit. Any person may appeal the denial of a permit to the council.
Subd. 8. Permit term. Permits issued pursuant to this section are valid within the city limits
and will expire after one year.
Subd. 9. Transfer. Permits issued pursuant to this section are not transferable.
Subd. 10. Renewal. A permit may be renewed in the same manner and subject to the same
provisions by which the original permit was obtained.
Subd. 11. Revocation. A violation of any conditions of a permit or any provision of this
section will result in permit revocation. A permit holder must return the permit within five days
to the issuing authority. No permit will be issued to any club or person for one year after the
date of violation.
Subd. 12. Hearing upon denial. Any person aggrieved by denial of a permit by the council
may appeal the denial to the district court.
Subd. 13. Penalty. A person who makes a false statement in order to obtain a permit,
knowing or having reason to know the statement is false, is guilty of a misdemeanor.


On topic:
1125.11. Shooting restricted.
No person will discharge any firearm or engage in hunting of any game birds or animal by
any means within the city:
Minnetrista City Code 1125.11
(a) Except as otherwise provided in this section.
(b) Unless discharged in lawful defense of person or property.
(c) Unless the person is a duly authorized law enforcement officer engaged in the
performance of their duty.
Hunting of game animals with shotgun or with bow and arrow as authorized by the state
department of natural resources, state laws pertaining to trespass and by landowner permission is
only allowed in the areas approved by the city council. No other firearms, long guns, or other
weapons, including hand guns, are permitted to be used for hunting within the city.
1125.13. Exemption.
Nothing in this section will be construed to embrace any firing of a gun, pistol or species of
firearms when done in the lawful defense of persons or property or family or the necessary
enforcement of the law.
1125.15. Possession of military-type weapons.
No person will own, keep, carry or have possession of any military type weapon within the
city except persons on active duty as a member of a United States military unit.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 9:33 pm 
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http://www.startribune.com/local/59797497.html

Quote:
His chicken coop was under attack and he needed to protect his girls.

That's what a 37-year-old man said before Minnetrista police came to his home early Thursday on a call of multiple shots fired, according to a criminal complaint.

Officers had to retreat twice and call in the emergency response unit before they got into the home on Kingswood Road, the complaint said.

Jeremy Scott Eggersgluss was charged Friday with reckless discharge of a firearm, a felony, in Hennepin County District Court. He posted bail, set at $20,000, and is to appear in court Monday afternoon.

After arresting Eggersgluss and getting a search warrant, police found two shotguns, a handgun in a cabinet hidden behind plates and a rifle with a silencer attached to the barrel, the complaint said. On the deck, 20 fired shotgun shells were collected and one live shell was found. In front of the house, one fired 9-mm cartridge casing was found.

Neighbors told police that they feared for their safety and that shots began after 11:30 p.m. Wednesday and continued for at least a half-hour.

A woman in the house when the shots were heard told police that Eggersgluss had come in worried about the chicken coop and fired at raccoons about 10 times, according to the complaint.

In an interview with police, Eggersgluss said he fired one of the shotguns 15 times or so. He first said that he was trying to train his dog, then that he was shooting at coyotes and finally that he was targeting a blue jay.

He also said he had wine, the complaint said, and police administered a breath test for alcohol, finding a concentration of 0.17 percent.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 10:52 pm 
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.17, huh? too drunk to drive, he's better get the guns out...oops.... :shock:

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 11:21 pm 
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tman065 wrote:
.17, huh? too drunk to drive, he's better get the guns out...oops.... :shock:


OMG. Worse than I feared. Seemed like a good guy the couple of times I met him, but what a dumbshit. Un f'n believable.

Guess what's even better? He's already in the middle of a DWI case, from about a month ago.

:bang:

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 11:37 pm 
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After arresting Eggersgluss and getting a search warrant, police found two shotguns, a handgun in a cabinet hidden behind plates and a rifle with a silencer attached to the barrel, the complaint said.


Isn't this chargeable on its own?

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Fri Sep 18, 2009 11:42 pm 
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Officers had to retreat twice and call in the emergency response unit before they got into the home on Kingswood Road, the complaint said.


Not sure why they felt they had to retreat, even once-- I happen to know they were both sleeping when the cops got there. It wasn't until the girl I know woke up to the loudspeakers demanding they come out that she knew they were there. By this time the chopper was already there, and the SWAT team.

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 Post subject: Re: Need help with firearm discharge law on own property
PostPosted: Sat Sep 19, 2009 6:36 am 
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Aquaholic wrote:
Quote:
After arresting Eggersgluss and getting a search warrant, police found two shotguns, a handgun in a cabinet hidden behind plates and a rifle with a silencer attached to the barrel, the complaint said.


Isn't this chargeable on its own?

Yup. Sure is.

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