ccw intoxicated on private property

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Re: ccw intoxicated on private property

Postby Sherry on Thu Jun 16, 2011 9:31 pm

gyrfalcon wrote:
hammAR wrote:Leave the gun out of the equation,
is it legal to be on private property with a BAC of .10 to .08... Only if the property is yours or you have a right to be on it
is it legal to ride a 4-wheeler on private property with a BAC of .10 to .08 or higher....... :? Yes


Hell you can drive a car without a license, while shooting at targets, completely drunk on private property if there isn't an ordinance prohibiting the discharge of firearms in your area.


This is very good news for me. Thank you and bless your hearts.
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Re: ccw intoxicated on private property

Postby timwarner on Thu Jun 16, 2011 9:58 pm

Thanks guys, thanks.

You have to keep in mind there are impressionable mind(s) around here now.

Anything involving beer, vehicles, guns, or power/hand tools is expressly forbidden.
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Re: ccw intoxicated on private property

Postby gyrfalcon on Thu Jun 16, 2011 10:12 pm

timwarner wrote:Anything involving beer, vehicles, guns, or power/hand tools is expressly forbidden.


You forgot explosives... and I think the government has a job waiting for you. :evil:
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Re: ccw intoxicated on private property

Postby Sherry on Thu Jun 16, 2011 10:19 pm

gyrfalcon wrote:
timwarner wrote:Anything involving beer, vehicles, guns, or power/hand tools is expressly forbidden.


You forgot explosives... and I think the government has a job waiting for you. :evil:

I got beer and I got hand tools. Tim wouldn't let me climb the laded with a chainsaw sooooooo I bought a hand saw. :D
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Re: ccw intoxicated on private property

Postby Pezhead on Fri Jun 17, 2011 6:57 am

Mrs. Tim Warner wrote:
gyrfalcon wrote:
timwarner wrote:Anything involving beer, vehicles, guns, or power/hand tools is expressly forbidden.


You forgot explosives... and I think the government has a job waiting for you. :evil:

I got beer and I got hand tools. Tim wouldn't let me climb the laded with a chainsaw sooooooo I bought a hand saw. :D



More power.
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Re: ccw intoxicated on private property

Postby Hammer99... on Fri Jun 17, 2011 9:14 am

gyrfalcon wrote:Hell you can drive a car without a license, while shooting at targets, completely drunk on private property if there isn't an ordinance prohibiting the discharge of firearms in your area.


Are you sure about this? I'm not sure but I always thought the law said it is illegal to operate a motor vehicle under the influence of alcohol in the state of MN. I didn't think it gave exemptions for private land. But again, I'm not sure.

This is all I could find...

https://www.revisor.mn.gov/statutes/?id=169A.20
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Re: ccw intoxicated on private property

Postby tman on Fri Jun 17, 2011 1:00 pm

Hammer99... wrote:
gyrfalcon wrote:Hell you can drive a car without a license, while shooting at targets, completely drunk on private property if there isn't an ordinance prohibiting the discharge of firearms in your area.


Are you sure about this? I'm not sure but I always thought the law said it is illegal to operate a motor vehicle under the influence of alcohol in the state of MN. I didn't think it gave exemptions for private land. But again, I'm not sure.

This is all I could find...

https://www.revisor.mn.gov/statutes/?id=169A.20



Can't operate a motor vehicle ANYWHERE in MN while intoxicated. Sorry.

And then there's this: MN STATUTE 609.99
Subd. 1a.Felony crimes; silencers prohibited; reckless discharge.

(a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


I would make the argument that the level of intoxication could rise to recklessness. That, of course, would be for the county attorney to decide.
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Re: ccw intoxicated on private property

Postby Hammer99... on Fri Jun 17, 2011 1:09 pm

tman wrote:
Subd. 1a.Felony crimes; silencers prohibited; reckless discharge.

(a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


I would make the argument that the level of intoxication could rise to recklessness. That, of course, would be for the county attorney to decide.


Do you know if there is a penalty for failing to submit to a BAC test? I know there is if you carry with a permit or if you are driving but what about shooting?
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Re: ccw intoxicated on private property

Postby ex-LT on Fri Jun 17, 2011 1:44 pm

Hammer99... wrote:
tman wrote:
Subd. 1a.Felony crimes; silencers prohibited; reckless discharge.

(a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


I would make the argument that the level of intoxication could rise to recklessness. That, of course, would be for the county attorney to decide.


Do you know if there is a penalty for failing to submit to a BAC test? I know there is if you carry with a permit or if you are driving but what about shooting?

IIRC, failure to submit to a BAC test results in an automatic DUI charge.
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Re: ccw intoxicated on private property

Postby gyrfalcon on Sat Jun 18, 2011 4:11 am

tman wrote:Can't operate a motor vehicle ANYWHERE in MN while intoxicated. Sorry.


Interesting, apparently the folks at the Minnesota Highway Safety Center are immune to that law.
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Re: ccw intoxicated on private property

Postby tman on Sat Jun 18, 2011 4:20 am

Hammer99... wrote:
tman wrote:
Subd. 1a.Felony crimes; silencers prohibited; reckless discharge.

(a) Except as otherwise provided in subdivision 1h, whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or


I would make the argument that the level of intoxication could rise to recklessness. That, of course, would be for the county attorney to decide.


Do you know if there is a penalty for failing to submit to a BAC test? I know there is if you carry with a permit or if you are driving but what about shooting?



If you don't have a permit, I don't think you're obligated to submit to a test.
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Re: ccw intoxicated on private property

Postby tweener on Sun Jun 19, 2011 9:00 pm

Persons have been convicted of DUI for mowing their lawn drunk.....

Private property has no relevance.

I beleive the only place you can "drive" drunk, and be legal, is at the State Patrols test grounds near St. Cloud. Ans of couse only in supervised studies. It might be possible that federal installations could also conduct drunk driving tests as well, possibly military too.
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Re: ccw intoxicated on private property

Postby gyrfalcon on Sun Jun 19, 2011 10:17 pm

tweener wrote:Persons have been convicted of DUI for mowing their lawn drunk..... Private property has no relevance. I beleive the only place you can "drive" drunk, and be legal, is at the State Patrols test grounds near St. Cloud. Ans of couse only in supervised studies. It might be possible that federal installations could also conduct drunk driving tests as well, possibly military too.


How does state law exclude those areas? I would argue that private property has great relevance, especially if you have an expectation of privacy on it. People have also been convicted of murders they didn't commit.
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Re: ccw intoxicated on private property

Postby ramblinoak1 on Mon Jun 20, 2011 8:05 am

dont be a dumbass..booze and guns dont mix well..........ramblinoak
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Re: ccw intoxicated on private property

Postby Countryfried Frank on Mon Jun 20, 2011 12:09 pm

MNNavy wrote:Do you know if there is a penalty for failing to submit to a BAC test? I know there is if you carry with a permit or if you are driving but what about shooting?


IANAL but if my recollection holds true Implied Consent refers to the holder of a drivers license who has implied his/her consent to a sobriety test by the action of driving on a public road. I don't believe implied consent applies to private property and I am almost certain it does not apply if the driver does not have a license and is driving on private property. Having said that, by reading previous posts it appears that driving intoxicated on private property is still not legal and in any circumstance common sense dictates that it is stupid.
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