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Gun Carry Laws for MN

BarrageBarrage Member Posts: 5 ✭✭
Without a carry permit, how does Minnesota law interpret 'unloaded in case'?
It basically reads that the gun must be encased and unloaded. So, if I have my unchambered, unloaded Glock in a zippered case WITH a loaded magazine, is that loaded?
Hoping a MN LEO could answer this?
Thanks!

Edit: This would be for keeping my gun in a vehicle.

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    Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 39,558 ***** Forums Admin
    edited November -1
    I don't know the exact answer to your question, buy would like to point something out. I would not trust a LEO to know the law. There was a post just the other day over in GD that asked somewhat the same question about the state of Nevada. One poster had been told one thing by a sheriff's dep't, while another poster has been told something entirely different by the state police.

    While LEOs are free to apply the jackboot to your throat, they do not have to know the law.
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    COBmmcmssCOBmmcmss Member Posts: 1,174 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by Barrage
    Without a carry permit, how does Minnesota law interpret 'unloaded in case'?
    It basically reads that the gun must be encased and unloaded. So, if I have my unchambered, unloaded Glock in a zippered case WITH a loaded magazine, is that loaded?
    Hoping a MN LEO could answer this?
    Thanks!

    Edit: This would be for keeping my gun in a vehicle.



    Instead of asking a local LEO, you can look it up on the net.

    2010 Minnesota Statutes
    Resources
    Topics

    Disabled Persons
    Firearms
    Hunting
    Motor Vehicles
    Nonprofit Organizations
    Pistols
    Shooting Ranges
    Transportation

    Recent History

    2009 Subd. 2 Amended 2009 c 176 art 2 s 39
    2009 Subd. 3 New 2009 c 176 art 2 s 40

    Found 3 matches for pistol
    97B.045 TRANSPORTATION OF FIREARMS.
    Subdivision 1.Restrictions.

    A person may not transport a firearm in a motor vehicle unless the firearm is:

    (1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed;

    (2) unloaded and in the closed trunk of a motor vehicle; or

    (3) a handgun carried in compliance with sections 624.714 and 624.715.
    Subd. 2.Exception for disabled persons.

    The restrictions in subdivision 1 do not apply to a disabled person if:

    (1) the person possesses a permit under section 97B.055, subdivision 3; and

    (2) the firearm is not loaded in the chamber until the vehicle is stationary, or is a hinge action firearm with the action open until the vehicle is stationary.
    Subd. 3.Exceptions; hunting and shooting ranges.

    (a) Notwithstanding provisions to the contrary under this chapter, a person may transport an unloaded, uncased firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a shooting range, as defined under section 87A.01, subdivision 3, where the person has received permission from the lawful owner or possessor to discharge firearms; lawfully hunting on private or public land; or travelling to or from a site the person intends to hunt lawfully that day or has hunted lawfully that day, unless:

    (1) within Anoka, Hennepin, or Ramsey County;

    (2) within an area where the discharge of a firearm has been prohibited under section 471.633;

    (3) within the boundaries of a home rule charter or statutory city with a population of 2,500 or more;

    (4) on school grounds; or

    (5) otherwise restricted under section 97A.091, 97B.081, or 97B.086.

    (b) For the purposes of this section, a "pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle:

    (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or

    (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.

    Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys.
    History:

    1986 c 386 art 2 s 10; 1993 c 269 s 12; 2009 c 176 art 2 s 39,40


    COB
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    COBmmcmssCOBmmcmss Member Posts: 1,174 ✭✭✭✭✭
    edited November -1
    It's my opinion, that like so many aspects of the law, the standard answer is: IT DEPENDS.

    When there is a question that could be interpreted in more than one way, the court is where you argue your version and the judge or jury decide.

    My question to you, do you really want to risk it? The penalty for being wrong the first time is a "Gross Misdemeanor" and a subsequent violation is a "FELONY" which means you could never really have a third time since all of your weapons have now been confiscated or sold.

    I'd personally recommend you avoid the issue by not having the ammunition in the case with the weapon.

    COB
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    BaseJumperBaseJumper Member Posts: 5,570
    edited November -1
    www.handgunlaw.us


    Just for future reference. COB nailed this one for ya.
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    COBmmcmssCOBmmcmss Member Posts: 1,174 ✭✭✭✭✭
    edited November -1
    Thanks Base Jumper.

    COB
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    jpwolfjpwolf Member Posts: 9,164
    edited November -1
    quote:Originally posted by us55840
    A person I met from MN told me the only way a private citizen can transport a firearm in MN is unloaded, cased, in the trunk with the vehicle with the ammunition stored separetly.

    I'm sure your local sheriff dept can answer you or your state attorney general.

    That is simply the federal safe passage law.
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    skicatskicat Member Posts: 14,431
    edited November -1
    Ammunition must be kept separate. Go get your permit so you can pretend to be free.
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