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noctorum
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Post subject: Giving my son a handgun  Posted: Sun Feb 01, 2009 12:40 pm |
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Joined: Sat Jan 31, 2009 11:48 pm
Posts: 4
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First post here. I tried doing a search but did not come up with much.
I'm fairly certain this is just fine, but I'd like to make sure. My son will be turning 19 next month and I'd like to give him a handgun that he's grown up shooting. I know the age to purchase from a FFL is 21, but can he legally possess the handgun being over 18? Not CCW of course, but transport legally from home to range, etc.
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TLRSKUNK
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Post subject: Posted: Sun Feb 01, 2009 1:28 pm |
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Joined: Fri Oct 31, 2008 10:04 am
Posts: 57
Location: Lakeville MN
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he could carry on a north dakota non resident permit at 18. and as far as i know there is no legality against as long as his record supports him having a handgun(i.e. no criminal record or mental health issues)
people that are more knowledgeable please correct if i am wrong.
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Macx
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Post subject: Posted: Sun Feb 01, 2009 1:30 pm |
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Joined: Thu Oct 13, 2005 12:37 pm
Posts: 1757
Location: Whittier
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MN Quote: 624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.
Subdivision 1. Ineligible persons. The following persons shall not be entitled to possess a
pistol or semiautomatic military-style assault weapon or, except for clause (a), any other firearm:
(a) a person under the age of 18 years except that a person under 18 may carry or possess
a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the
direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under
the auspices of a legally recognized military organization and under competent supervision,
(iii) for the purpose of instruction, competition, or target practice on a firing range approved
by the chief of police or county sheriff in whose jurisdiction the range is located and under
direct supervision; or (iv) if the person has successfully completed a course designed to teach
marksmanship and safety with a pistol or semiautomatic military-style assault weapon and
approved by the commissioner of natural resources;
IANAL, but this is the statute that came to mind. Feel free to click the link and read through the whole, but it looks like 18 is the limit for posession . . . 21 to buy and carry of course.
Again, IANAL. Also, this one of a couple statutes I am most well read in, and there may be some other statute with some clause I am less familiar with, so don't take my answer as the final word.
_________________
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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noctorum
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Post subject: Posted: Sun Feb 01, 2009 1:52 pm |
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Joined: Sat Jan 31, 2009 11:48 pm
Posts: 4
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I really appreciate the help guys.
TLRSKUNK wrote: he could carry on a north dakota non resident permit at 18. and as far as i know there is no legality against as long as his record supports him having a handgun(i.e. no criminal record or mental health issues)
people that are more knowledgeable please correct if i am wrong. Could you give me some more information on the non resident permit? I'd like my son to be able to carry but with his age he can't get a MN permit of course, and I didn't know of any reciprocity there?
edit: And I checked this site here http://www.ag.nd.gov/bci/CW/reciprocity.htm and it shows no reciprocity with minnesota?
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TLRSKUNK
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Post subject: Posted: Sun Feb 01, 2009 2:53 pm |
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Joined: Fri Oct 31, 2008 10:04 am
Posts: 57
Location: Lakeville MN
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check with Gary Shade at firearmsandliberty.com he explains on his website and i believe his daughter (<21) carries on a north dakota permit. don't quote me exclusively but thats the best i can remeber.
edit: found a carry map and he could carry in ND on their non-res but not in MN i stand corrected.
Last edited by TLRSKUNK on Mon Feb 02, 2009 11:23 am, edited 1 time in total.
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noctorum
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Post subject: Posted: Sun Feb 01, 2009 3:05 pm |
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Joined: Sat Jan 31, 2009 11:48 pm
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TLRSKUNK wrote: check with Gary Shade at firearmsandliberty.com he explains on his website and i believe his daughter (<21) carries on a north dakota permit. don't quote me exclusively but thats the best i can remeber.
edit: found a carry map and he could carry in ND on their non-res but not in MN i stand corrected. Got my son and I's hopes up. Oh well, thanks for the info anyway 
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Andrew Rothman
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Post subject: Posted: Sun Feb 01, 2009 6:34 pm |
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Joined: Sun Aug 07, 2005 10:24 am
Posts: 6767
Location: Twin Cities
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An 18-year-old in Minnesota...
CAN LEGALLY:
* Own a gun
* Purchase a non "assault" long gun from an FFL or a private party
* Purchase a handgun from a private party
* Do all these things:
(a) <...> keep or carry about the person's place of business, dwelling house, premises or on
land possessed by the person a pistol;
(b) <...> carry a pistol from a place of purchase to the person's dwelling house or place of
business, or from the person's dwelling house or place of business to or from a place where
repairing is done, to have the pistol repaired;
(c) <...> carry a pistol between the person's dwelling house and place of business;
(d) <...> carry a pistol in the woods or fields or upon the waters of this state for the purpose of
hunting or of target shooting in a safe area; or
(e) <...> transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded,
contained in a closed and fastened case, gunbox, or securely tied package.
CANNOT LEGALLY:
* Be granted a Minnesota carry permit
* Purchase a firearm from an FFL
_________________
* NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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phorvick
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Post subject: Posted: Sun Feb 01, 2009 7:09 pm |
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Joined: Mon Aug 08, 2005 11:37 pm
Posts: 1571
Location: Detroit Lakes, MN
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It looks like it has been answered, but no MN person under 21 can legally carry in Minnesota under any State weapons permit. It is true that an 18 year old can get a ND non-resident permit...but...so what? It does diddly squat in Minnesota.
Having said that, many of my former high school students that now attend college/schools in ND as 18-29-20 yr. olds do have a ND permit and are legal....in ND.
_________________
Paul Horvick
http://shootingsafely.com
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Magnum Mikie
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Post subject: Posted: Sun Feb 01, 2009 8:13 pm |
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Joined: Thu Mar 13, 2008 11:36 am
Posts: 228
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Andrew Rothman wrote: (b) <...> carry a pistol from a place of purchase to the person's dwelling house or place of
business, or from the person's dwelling house or place of business to or from a place where
repairing is done, to have the pistol repaired;
(c) <...> carry a pistol between the person's dwelling house and place of business;
About "b" and "c". Can the pistol be loaded during the course of either b or c for a non-permit holder?
Tia
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On probation; can't post until at least 5/31/2009
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Andrew Rothman
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Post subject: Posted: Sun Feb 01, 2009 8:59 pm |
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Joined: Sun Aug 07, 2005 10:24 am
Posts: 6767
Location: Twin Cities
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Dear Tia,
Indeed, there is nothing prohibiting that.
Magnum Mikie wrote: Andrew Rothman wrote: (b) <...> carry a pistol from a place of purchase to the person's dwelling house or place of
business, or from the person's dwelling house or place of business to or from a place where
repairing is done, to have the pistol repaired;
(c) <...> carry a pistol between the person's dwelling house and place of business;
About "b" and "c". Can the pistol be loaded during the course of either b or c for a non-permit holder? Tia
_________________
* NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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plblark
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Post subject: Posted: Mon Feb 02, 2009 9:13 am |
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The home -> business case has a couple caveats:
1) Fixed location: Cannot be a courier or cab driver. The business must have a fixed address.
2) Reasonable proximity: No cross country drive from home to business (obvious but there's case law on the books)
3) Direct: Don't stop at the bar. (Again, Case law)
It's legal but fairly specific. It's also a situation that's going to get technical to explain to a police officer on the side of the road at 2 am.
Another route would be unloaded in a gun rug, gun rug completely zipped and under front seat. Mag in pocket or in gun rug with gun but NOT in the magwell... Without a permit, that's the closest you can legally come to carry. It follows the transport laws in MN but leaves the gun in a position you could get to it if you had the time.
I could wish Shade had not mentioned the <21 carry only because that could be confused. When in Rome, do as the Romans do, when in ND, do as the NDians do but not in MN.
_________________
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"There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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