Gun transport cases and the law

[farmerj]

speaking of scary images.....

[plblark]

https://www.revisor.mn.gov/statutes/?id=97B.045



also note it's 1) or 2) or 3)

(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.

If it's in the closed TRUNK, it does not have to be cased. if one occupant of the vehicle has a permit, it does not have to be cased.
In talking with Rothman,I was reminded you can't read one or the other and that criminal code expressly overrides game laws.
97b.045 sets the expressly made provision, but then i says carried in compliance with 624.714 ...

A permit to carry is not required of a person:
(1) to keep or carry about the person's place of business, dwelling house, premises or on land possessed by the person a pistol;
(2) to 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;
(3) to carry a pistol between the person's dwelling house and place of business;
(4) to 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
(5) 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.

Rob's comment about spouse in the car comes to mind. That leaves us with the choice of
a) Spouse with permit - easy as pie, leave it with them
b) spouse without permit
1) unload it, place it in the gun case, zip it up.
2) unload it, place it in the trunk
3) lock it in a lock box - the spouse does not have possession if they do not have the key to the lock box. I've been treating transport as when the motor is started (like a duck boat), as long as the spouse is in a car that is turned off, you're only in the position of keeping them from the carry in public portion of the law which the lock box does.

why fart around with the law on this one with pistol rugs so readily available? buy a couple gun rugs, a couple of the long stretchy gun socks, a couple simple lock boxes only you have the key for. throw one of each in each car just in case.

But what about a truck, but what about a Van, but what about a SUV I hear ...

Yeah, it's a what if, yeah, it's morphed ... it's still trying to come to grips with the places where overlapping laws intersect and that's tricky. It made me think about what I teach and why and it made me look. That's not in and of itself a bad thing.

[SAM]

Common sense is the only way to govern one's decisions.............

What if that were truly applied....................
then we wouldn't have all of these effen what if scenarios based upon multiple layers of what if's........
what if we really did use common sense.......

Here's the BIGGEST problem I have with " common sense. "












It isn't very COMMON.

[jgalt]

Common sense is the only way to govern one's decisions.............

What if that were truly applied....................
then we wouldn't have all of these effen what if scenarios based upon multiple layers of what if's........
what if we really did use common sense.......

Here's the BIGGEST problem I have with " common sense. "

...
..
.

It isn't very COMMON.

Wait a minute... that just doesn't make any sense at all!

[phorvick]

I don't get it? Isn't this common sense?

[jgalt]

Nope - this is:



or for those who cannot be bothered with actual history:

[SAM]

LH500sm.jpg (13.05 KB) Viewed 2430 times

I think these are the most common sense.

[LarryFlew]

Our common sense and a lawyers common sense have to be a world apart. Is the law written, read and defined from our world or their world - we know how that works out.

[plblark]

Beck's Common Sense contains a reprint of Payne's. a VERY worthwhile read which SHOULD make you think about how we got to be a nation, how we got to where we are, and where we should go from here.

[FJ540]

I'm glad a couple of you see my issue with the statute.

Paul nailed it - we have a van and an SUV. My rifle case wouldn't fit in the bimmer's trunk, so it always rode in the back seat. Since it's conforming, I never thought about it. But now that I'm looking at expanding my collection, I'm trying to keep "the letter" in check so as to avoid some technicality in all likely circumstances (sending the FIL up north is a very valid proposition - you haven't seen how much shyt my wife packs for a weekend up at the lake).

I'm neither new to firearms, nor new to the legal issues. In the past I've had numerous encounters with over zealous officers (hence my success rate in court), and things like this concern me were I to encounter another one. I haven't been stopped in ages, but those whom I would trust my guns with have. My mother in law is constantly on the verge of being suspended because she thinks she's Mario Andretti. I also expect she'd start running her mouth from the get go because she's afraid of guns.

Just so you all know, Del Mulroy was my instructor in `96. I gave him a ride home after class.

[Stradawhovious]

I'm neither new to firearms, nor new to the legal issues. In the past I've had numerous encounters with over zealous officers (hence my success rate in court), and things like this concern me were I to encounter another one. I haven't been stopped in ages, but those whom I would trust my guns with have. My mother in law is constantly on the verge of being suspended because she thinks she's Mario Andretti. I also expect she'd start running her mouth from the get go because she's afraid of guns.

Here is a good example of where myself, and I assume many others take issue with your posts. Your post makes the presumption that if you were to be stopped you would be in some sort of instant trouble that you would have to defend yourself against regardless of the manner of transport. Why is that? Are you not legally able to obtain and posess firearms? If the answer to that is no, why would it be so difficult to follow the laws that are in place? If your mother in law is so terrified of guns, why would she be hauling them around for you? A whole lot of things you have said in this thread just dno't add up. The language in regards to legally transporting a firearm in the State of Minnesota isn't elusive..... rather it's almost painfully simple.

This isn't about the carry law, since all assumptions are that you are transporting unloaded, cased firearms, this is about transportation. It is not difficult for people to legally transport firearms, and you do not have to PTC to do so. I personally have a case for one of my rifles that is made from... and get this.... a leg from an old pair of bluejeans. The foot end is sewn shut, and the other has a shoelace tie that folds over and goes around the stock. This is a legal case. There is an underlying tone of "If I get caught, I'm going to be in trouble" in many of your posts. This sends up a whole lot of red flags. Take that for what it's worth.

[FJ540]

I'm trying to ensure that I'm not doing anything wrong.

Having been seated in court so much, I've seen it too many times that "ignorance is not a defense." I take issue with the "manufactured for the purpose" because there's lots of things out there which aren't, and need no modification to be used as such. Your jeans leg is manufactured for the purpose, but you started with something that wasn't.

I have no legal restrictions against owning guns. I have no criminal record on file, and I'm trying to keep it that way.

The MIL is no threat to my guns, but she is a threat to herself in how she drives. I can't prevent her from driving with her husband, and I would have no problem with them transporting things for me. Why should I? I do worry about how she would handle such an instance of being stopped with them though.

I'm not going to post here anymore. I won't see you at the breakfast after all.

[phorvick]

I'm not going to post here anymore. I won't see you at the breakfast after all.

Ah, to many then, the threshhold question is now answered. Classic.

[farmerj]

as Bill Cosby said as Noah....



"Right".....

[westberg]

Just put the dam things in the trunk, back seat or behind the seat in some kind of case, There is probably at least a half million guns being transported in the state on daily basis.

Maybe check your lights and drive within the posted speed limits and those pesky coppers will leave you along, I know it's hard for you to believe that they are not all out to get you.

opps guess I'm too late.