I happened to catch part of WCCO's coverage of the 6yo who shot the 3-yo sibling (discussed
here), and I swear they said all ammunition must by law be locked up in a separate locked container from the one in which you store your firearm(s).
Well, there are obvious flaws with that message. But I viewed it as an opportunity to refresh my memory on MN
609.66,
609.666,
624.714 and anything related that I could find relating to legality of firearms storage.
As many know, 609.666 clearly defines the illegality of leaving loaded gun accessible to a minor. However, 609.66 Subd 1b reads:
Quote:
Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior consent of the minor's parent or guardian or of the police department of the municipality is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under this subdivision.
Not that I advocate not securing ammunition, but what is the legal definition of "furnishes?" Some people store ammunition obscurely but not under lock and key. If you do that, and your child's friend gets into the ammo stash, have you "furnished" the friend with ammunition? Or do you have to explicitly give the ammunition to the child for it to be considered "furnishing?" I didn't see a good definitions clause for the word anywhere in the statute.
I ask because in 609.66 subd 1c it doesn't use just plain "furnish" it says:
Quote:
Subd. 1c. Felony; furnishing a dangerous weapon. Whoever recklessly furnishes a person with a dangerous weapon in conscious disregard of a known substantial risk that the object will be possessed or used in furtherance of a felony crime of violence is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
The phrasing of the underlined portion suggests that for 1c to apply, the person must be actively participating in furnishing, whereas in 1b it appears that it could be considered as passively providing access.
And again, I'm not advocating anyone attempt to walk the fine line of the law on this issue. I'm just curious about whether or not there is definite consensus on what "to furnish" means in this context. Of course, I know what an aggressive prosecutor might think, so perhaps my question isn't even worthwhile considering.
