Gun transport cases and the law

[FJ540]

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;

So what about re-purposed alternate cases?

When my wife was going to bring the S&W home from her dads, she (innocently) asked about sticking it in one of her bags (to which I told her how bad an idea that was). But what about a bag you use as a range bag that wasn't sold for such a purpose? Would you need individual cases within it to remain legal?

I remember seeing an old timers range box that was a wooden tool box that had a tray inside it that held his pistols. Since the tray wasn't attached, the toolbox could be presented as something other than "expressly made" for the task, even though it was outfitted very specifically to carry a dozen guns - very efficiently, at that.

Given the criteria of the statute is quite explicit, the intent of the first directive of (1) is a little vague. How does one prove express manufacture for the task? Pelican cases are used for guns all the time, but they're certainly not made explicitly for that (some models are marketed as such, but there's nothing that makes them not worthy as storage for something else).

[farmerj]

[FJ540]

What a thoughtful response. I learned so much from that.

[ttousi]

get your permit .............then you can carry in an old sock if you wish

[FJ540]

I'm looking at this a little differently I guess.

Yesterday at lunch it was mentioned the use of a machinists toolbox to store guns. What if I was to send that up to the cabin with my father in law and he's stopped?

Normally, they'd need a warrant, but he's the kind of guy to say "oh, those are my son in laws guns in there." Not wanting to be thought to be hiding anything.

So is it possible to have an officer take the grounds that it's not a compliant gun case?

[farmerj]

so now it's a 4th amendment issue?

[Stradawhovious]

I'm sure it would depend quite a bit on who is doing the looking. Some might see that it secures the firearm and latches shut and call it fine, others might be a bit more stubborn about it. Fact is, if you can afford a handgun, you can afford a $3 gun rug for transport. Why risk it?

[Paul]

Troll....

[Paul]

You are an idiot if you think the only way an officer can legally search your vehicle is by first obtaining a warrant. You must spend too much time watching TV under that bridge of yours.

[FJ540]

You don't know my father in law... He's the lonely old retiree who chats up strangers at hardees over breakfast.

There's no way an officer would consider looking in the back of his truck under direct pursuit. This is a situation that would probably entail a courtesy stop for a flat tire before it was a traffic violation.

Another scenario would be the argument for spouses having carry permits - I go in to the store, she's waiting in the car with a chest full of guns. Sure, it's legal for me, but it's not necessarily legal for her. Solution, "she gets a permit" is yet to be determined if she wants one or not.

[farmerj]

Ok....

So now it's about a spouse's permit....

[Paul]

Direct pursuit?

[FJ540]

No, it's about being compliant, and what that means exactly. If I have a non-conforming case, and she's in the vehicle but I'm in the store - that's not good. I'd like to hear from the LEO's on how they'd deal with this, or from those of you who've dealt with a similar issue.

[farmerj]

Direct pursuit?

That's "Hot Pursuit"....

[Bessy]

Here is the REAL question!

Say your father in law gets stopped...by a police officer. The police officer notices your father in law's tool box, and has the exact same one, and knows the exact weight of the tool box coincidentally and is super suspicious.

The officer not having a warrant... pulls out TWO! bathroom scales. One digital and the other is the old beam and balance kind. He asks your father in law to weigh the tool box. Your father in law being the type of honest dude he is says SURE!. Which bathroom scale will give the officer enough accuracy to determine whether or not there is a gun in the tool box..... discuss.

For extra credit... the gun in the tool box is a 1911.. what kind of magazine should FJ's father in law use with it?