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 Carrying Rifles or Shotguns? 
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PostPosted: Thu Jan 08, 2009 9:08 am 
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plblark wrote:
Andrew was kind enough to both point out the progeny of the laws and how I could look that up in the future. Thanks Andrew.

I edited my post to reflect that.

Yep, weird that as long as I have a Permit to Carry a Pistol I'm not really Carrying that loaded Long Gun in my hand when I'm in a public place :-)
Yup. Although you're unlawfully transporting it if you happen to be in that public place surrounded by a car.

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PostPosted: Thu Jan 08, 2009 9:25 am 
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This really gelled the WHY behind the law and how it's probably going to be enforced. Thanks to Phorvick for the walk through and to Andrew for pointing out to me in private that without case law,
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Intellectually, it would be a mistake to treat it as anything more than a theory.
Practically, it would be a mistake to treat it as less than black-letter law.

Personally, Without case law or a solid test case (remember how expensive and time consuming those can be for other people?) We would be best to present it as how the cops and prosecutors are going to charge it.

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PostPosted: Thu Jan 08, 2009 9:35 am 
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The prosecutors are another issue, but given how many cops are seriously misinformed about the basics of the carry law -- the mythical concealment requirement; the mythical zero-alcohol requirement -- it would be a serious mistake to assume that any significant number are going to know subtleties around the sort of stuff that almost never comes up.

And I'm not going to be overly critical of that latter. I think it's reasonable to expect a street cop to know that open carry is lawful, as they might run across it, and certainly could encounter a permit holder who has had a glass of wine with dinner . . . but how often are they going to run into anybody who has even met anybody who has met somebody carrying a long gun around the neighborhood?

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PostPosted: Thu Jan 08, 2009 10:01 am 
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joelr wrote:
...but how often are they going to run into anybody who has even met anybody who has met somebody carrying a long gun around the neighborhood?


We could fix that. :D





[NOTICE: Above is a joke!]

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PostPosted: Thu Jan 08, 2009 10:16 am 
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Oh God, NO! Not a new class of 'open carry' at the Gopher.

Never mind. No prob. I have a gig bag. Of course I don't know how to play a guitar. In fact, I don't HAVE a guitar. I could lock & load in the parking lot though ..... since you guys garbled, ungarbled and re-garbled this thread vis a vis 'transporting.'

Regards, Porkie

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PostPosted: Thu Jan 08, 2009 10:52 am 
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Porkie wrote:
Oh God, NO! Not a new class of 'open carry' at the Gopher.

Oh, I guess you didn't see Tullibee's AR-15 holster?

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PostPosted: Thu Jan 08, 2009 11:12 am 
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Dean: I didn't. I did see Nframe's picture of his FN FAL though. Looked like a dandy piece of kit. Custom wood furniture.

I only use my gig bag if I have my G3 along, which is essentially never, except for range trips. If Andrew gets up an activist soirée involving open carry of long guns, my G3 doesn't usually have the desired effect. It's finished in digital urban camo. So you can't see it even if it's not in the gig bag.

Not to worry though. I'll figure something out.

Regards, Porkie

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PostPosted: Thu Jan 08, 2009 1:17 pm 
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So, it seems that Armored car drivers couldn't carry a long gun in the truck with them since they use the same permit?


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PostPosted: Thu Jan 08, 2009 4:37 pm 
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phorvick wrote:
Now, of course Pat Watts is not the law, not the judge etc. But, it seems pretty clear what their position is. Proceed then with caution, but know what their position is.

No, she is not the law and has been proven wrong before. She knows me personally because of an opinion she had of a DNR law. It took a face to face meet at her office, several e-mails and phone calls before she corrected the miss information that her office was quoting.

But I agree it seems pretty clear what their opinion and position is.


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PostPosted: Thu Jan 08, 2009 6:34 pm 
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clevang wrote:
So, it seems that Armored car drivers couldn't carry a long gun in the truck with them since they use the same permit?


Police and Protective agents are exempt from the restrictions according to:

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.

This is the only statute I can find which exempts police, it is the same statute that exempts permit holders.

So all the police and security companies are breaking the law, or permit holders are ok to have rifles and shotguns in their vehicles also.


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PostPosted: Thu Jan 08, 2009 6:50 pm 
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I would say that 97.45B is inconsistent with 624.7181 which is a more recently passed law.



97A.021 CONSTRUCTION.
Subdivision 1.Code of Criminal Procedure.A provision of the game and fish laws that is inconsistent with the Code of Criminal Procedure or of penal law is only effective under the game and fish laws.

Subd. 2.Authority of commissioner.A provision of the game and fish laws is subject to, and does not change or modify the authority of the commissioner to delegate powers, duties, and functions under section 84.083.

Subd. 3.Parts of wild animals.A provision relating to a wild animal applies in the same manner to a part of the wild animal.

Subd. 4.Dates and open seasons.The dates specified in the game and fish laws and time periods prescribed for certain activities or as open season are inclusive, unless otherwise specified.


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