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windswept
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Post subject: Car storage laws Posted: Wed Feb 01, 2006 10:00 pm |
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Junior Member |
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Joined: Tue Dec 13, 2005 3:32 pm Posts: 9
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This has probably been covered, but in a discussion with a friend about what to do with a handgun if one is locking it up before, say, entering a posted location, or going to work at such, we got onto laws, and I couldn't find what I was looking for in the PPA.
It seemed to me that the laws on guns and vehicles were on transporting. Hypothetical case - would a non-permit holder, who had brought a gun to work at a non-friendly employer, be able to legally store the gun in the car, and would said person have to unload the gun?
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Pakrat
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Post subject: Posted: Wed Feb 01, 2006 11:57 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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For a permit holder, you can keep a loaded handgun in your car.
Your hypothetical question: (for non-permit holder) If the handgun is unloaded and in a 'fastened case', then the employer cannot legally do anything. No crime is being commited.
Most likely, if the employer isn't gun friendly and they found out about it, they could find a way to get rid of the gun owner. Minnesota is an At-Will employment state.
Quote: Subd. 9. Carrying pistols about one's premises or for purposes of repair, target practice. A permit to carry is not required of a person: ... (e) to 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.
... Subd. 18. Employers; public colleges and universities. ... (c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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mostlylurkin
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Post subject: Posted: Thu Feb 02, 2006 10:16 am |
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Joined: Mon Aug 08, 2005 10:54 pm Posts: 86
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Does the law state explicitly that a permit holder may leave a loaded firearm in an unoccupied vehicle, say, sitting between the driver and passenger seats?
Seems to me that's a very different thing from having a loaded firearm in a vehicle that's occupied by a permit holder.
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Pakrat
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Post subject: Posted: Thu Feb 02, 2006 1:00 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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Your question did occur to me last night when I answered the original question. I researched a bit. The three answers I have come up with are:
1. If it is your locked vehicle, it should be considered in your control.
2. The car carry restrictions only apply to non-permitted carry.
I have a theory that I'm working on:
3. The permit to carry only applies to public property. Thus if you are in a private parking lot, no permit is required to keep or carry a gun.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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grayskys
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Post subject: Posted: Thu Feb 02, 2006 1:15 pm |
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Joined: Sun Aug 07, 2005 10:53 pm Posts: 1725
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I know you don't need a permit to carry on/in your own property. Someone elses property is probably different unless you have their permission.
NOTE: IANAL!
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Pakrat
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Post subject: Posted: Thu Feb 02, 2006 1:34 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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Keep in mind, it is speculation for now. I am certainly not offering this as legal advice. But it really looks to be completely legal to carry a gun without a permit on ANY private property. Until the owner or owner's representative asks you to leave (for carrying a gun).
Quote: Subd. 1a. Permit required; penalty. A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place, ... No mention of private property in Subd 1a. Quote: Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person or clothes under a permit or otherwise who remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment may be ordered to leave the premises.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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phorvick
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Post subject: Posted: Thu Feb 02, 2006 2:07 pm |
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Forum Moderator |
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Joined: Mon Aug 08, 2005 11:37 pm Posts: 1571 Location: Detroit Lakes, MN
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Pakrat wrote: Keep in mind, it is speculation for now. I am certainly not offering this as legal advice. But it really looks to be completely legal to carry a gun without a permit on ANY private property. Until the owner or owner's representative asks you to leave (for carrying a gun). I would be very careful there Pakrat. The legal meanings of Public and Private (unless I am misunderstanding you) may not be what you thought.
"Private" does not necessarily mean non-governmentally owned, and likely also does not mean the parking lot that is owned by Daytons, a church, any non-governmental entity. I would maintain that all of those are in fact "public" in that the owner of the premises makes the property available to its invitees...the public at large.
If a facility had controlled access, clearly not governmentally owner, and no outsider can enter, then perhaps (note the word is "perhaps") a non-permit holder might be able to argue that it is permitted to have the gun in the car. I would fully expect that to fail however if prosecuted.
What about the situation where I have a gated property, a residence, and you arrive as a non-permit holder with a gun in the car. Could you be charged for concealing the gun even if you had my permission to have the gun in the car on my property? I think it is fairly clear that you could be so charged and prosecuted successfully.
If your definition of "Private" is limited to the interior of a building that I own and you have my permission, and if the access to the building is clearly restricted such that no public invitees are allowed, well, then perhaps it is OK.
But the general statement that "But it really looks to be completely legal to carry a gun without a permit on ANY private property." is not what most legal people would reasonably concur.
_________________ Paul Horvick
http://shootingsafely.com
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Contact us to schedule a class for you and your friends, and check our website for more information http://shootingsafely.com
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Pakrat
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Post subject: Posted: Thu Feb 02, 2006 3:09 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 should not have capitalized ANY. Yes there are properties that are private, but can be considered Public.
Quote: 624.714 control in a public place, as defined in section 624.7181, subdivision 1, paragraph (c), Quote: 624.7181 Rifles and shotguns in public places. ... (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.
I believe that a mall parking lot is still private, even with all the public traffic. The local VFW is considered a private club, even though anyone in the public can visit.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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joelr
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Post subject: Posted: Thu Feb 02, 2006 3:23 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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Pakrat wrote: I believe that a mall parking lot is still private... Not in context of permit holders carrying; "The owner or operator of a private establishment may
not prohibit the lawful carry or possession of firearms in a
parking facility or parking area."
_________________ Just a guy.
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Andrew Rothman
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Post subject: Posted: Thu Feb 02, 2006 3:23 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Pakrat wrote: Quote: 624.7181 Rifles and shotguns in public places. ... (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. I believe that a mall parking lot is still private, even with all the public traffic. The local VFW is considered a private club, even though anyone in the public can visit.
Nope, a mall parking lot is "private property that is regularly and frequently open to or made available for use by the public...", and thus public.
_________________ * 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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Pakrat
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Post subject: Posted: Thu Feb 02, 2006 3:50 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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Maybe a mall is a bad example. How about an Applebee's?
Joel, partly my point. A parking lot is considered private, therefore the owner/operator cannot prevent someone from carrying with or without a permit.
Once you enter a private establishment, there seems to be only one thing governing carry (permit or not), and that is the trespass section. Permit or not, the owner/operator may ask you to leave. There is nothing about permission required for non-permitees.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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Srigs
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Post subject: Posted: Thu Feb 02, 2006 4:53 pm |
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Longtime Regular |
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Joined: Fri Aug 26, 2005 5:40 am Posts: 3752 Location: East Suburbs
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Applebes is public that is why you go there unsolicited and not by invitation only!
_________________ Srigs
Side Guard Holsters
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton
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kimberman
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Post subject: Posted: Thu Feb 02, 2006 5:31 pm |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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public "place"
private "property"
private "establishment"
are all different LEGAL terms.
They cannot be intermixed in a blender nor given whatever meaning pops into someone's head. The defined terms in Chapter 624 have presise, limited definitions.
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grayskys
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Post subject: Posted: Fri Feb 03, 2006 9:25 am |
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Joined: Sun Aug 07, 2005 10:53 pm Posts: 1725
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KimberMan wrote: public "place" private "property" private "establishment" are all different LEGAL terms.
They cannot be intermixed in a blender nor given whatever meaning pops into someone's head. The defined terms in Chapter 624 have presise, limited definitions.
And a lot of times those definitions are not the same as the ones you find in a dictionary.
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phorvick
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Post subject: Posted: Fri Feb 03, 2006 9:45 am |
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Forum Moderator |
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Joined: Mon Aug 08, 2005 11:37 pm Posts: 1571 Location: Detroit Lakes, MN
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grayskys wrote: KimberMan wrote: public "place" private "property" private "establishment" are all different LEGAL terms.
They cannot be intermixed in a blender nor given whatever meaning pops into someone's head. The defined terms in Chapter 624 have presise, limited definitions. And a lot of times those definitions are not the same as the ones you find in a dictionary. And, even worse, you cannot depend on "your" literal reading of the statute as Judges often add their interpretation also.
_________________ Paul Horvick
http://shootingsafely.com
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Contact us to schedule a class for you and your friends, and check our website for more information http://shootingsafely.com
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