carrying cased long gun on motorcycle

View · by **7808** on Mon May 05, 2014 3:13 pm

is it legal to carry a rifle or shotgun in a case, specifically a soft "tactical" case, on a motorcycle ? like wearing it on my back?

View · by **shooter115** on Mon May 05, 2014 3:53 pm

View · by **ttousi** on Mon May 05, 2014 6:40 pm

correct terminology would be "transporting" ........unloaded and cased

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.

View · by **aht_six** on Mon May 05, 2014 7:47 pm

I've been transporting my trap gun, cased and unloaded on motorcycles for many years. The only issue I ever had was the first time my daughter-in-law saw me on the highway with the trap gun, cased and strapped across the seat on a '96 Triumph Tiger, she called my wife and told on me.

View · by **7808** on Mon May 05, 2014 8:31 pm

thanks

View · by **340PD** on Tue May 06, 2014 1:12 pm

I'm curious on this one. I've read that the law doesn't specifically say "handgun" and while the permit says "Pistol", the actual wording of the law allows a person to carry whatever firearm they wish whether it be a pistol, revolver, AR-15, shotgun, etc. Granted you may get some extra attention from LEO carry a long gun, but that it was, in fact, legal. Is this not the case or does this only apply while NOT in a moving vehicle? What's the story?

View · by **smurfman** on Tue May 06, 2014 1:48 pm

Theo carry law has been interpreted to apply to handguns only when a vehicle is involved. Long guns fall under the DNR's jurisdiction at this time. Until someone volunteers to be the test case and is successful, that is the way it's going to be.

View · by **Thunder71** on Tue May 06, 2014 2:17 pm

340PD wrote:I'm curious on this one. I've read that the law doesn't specifically say "handgun" and while the permit says "Pistol", the actual wording of the law allows a person to carry whatever firearm they wish whether it be a pistol, revolver, AR-15, shotgun, etc. Granted you may get some extra attention from LEO carry a long gun, but that it was, in fact, legal. Is this not the case or does this only apply while NOT in a moving vehicle? What's the story?

Don't confuse carry with transportation - Carrying and transporting aren't one in the same, and there are different laws for each.

View · by **340PD** on Mon May 26, 2014 6:01 am

Thunder71 wrote:
340PD wrote:I'm curious on this one. I've read that the law doesn't specifically say "handgun" and while the permit says "Pistol", the actual wording of the law allows a person to carry whatever firearm they wish whether it be a pistol, revolver, AR-15, shotgun, etc. Granted you may get some extra attention from LEO carry a long gun, but that it was, in fact, legal. Is this not the case or does this only apply while NOT in a moving vehicle? What's the story?

Don't confuse carry with transportation - Carrying and transporting aren't one in the same, and there are different laws for each.

So, if I have my carry permit and I'm carrying an AR-15 on my person and transition to a driving in a vehicle I'm suddenly subject to "Transporting" laws vs "Carrying"? What about carrying a handgun on my person (again with a permit) and doing the same thing? I'm certainly not subject to "Transportation" laws if I"m carrying a handgun am I? If not, why would it be any different for a long gun if I'm allowed to "carry" a long gun under the carry law?

View · by **Rem700** on Mon May 26, 2014 6:21 am

340PD wrote:
Thunder71 wrote:
340PD wrote:I'm curious on this one. I've read that the law doesn't specifically say "handgun" and while the permit says "Pistol", the actual wording of the law allows a person to carry whatever firearm they wish whether it be a pistol, revolver, AR-15, shotgun, etc. Granted you may get some extra attention from LEO carry a long gun, but that it was, in fact, legal. Is this not the case or does this only apply while NOT in a moving vehicle? What's the story?

Don't confuse carry with transportation - Carrying and transporting aren't one in the same, and there are different laws for each.

So, if I have my carry permit and I'm carrying an AR-15 on my person and transition to a driving in a vehicle I'm suddenly subject to "Transporting" laws vs "Carrying"? What about carrying a handgun on my person (again with a permit) and doing the same thing? I'm certainly not subject to "Transportation" laws if I"m carrying a handgun am I? If not, why would it be any different for a long gun if I'm allowed to "carry" a long gun under the carry law?

Because your talking about Mn.
Wish I could find the pic I snapped while in Az guy riding MC with a AR slung across his back.

View · by **tman** on Tue May 27, 2014 11:06 pm

Look at MN statute 907B.045 for general rules for transporting firearms.

Read the first paragraph of 624.714 carrying pistols in motor vehicles.

Read 624.7181 subd 1 (b) (3) for the exception to carrying a rifle or shotgun in a public place.

Sent from my iPhone using that app which shall not be named.

View · by **jshuberg** on Wed May 28, 2014 8:35 am

340PD wrote:
Thunder71 wrote:
340PD wrote:I'm curious on this one. I've read that the law doesn't specifically say "handgun" and while the permit says "Pistol", the actual wording of the law allows a person to carry whatever firearm they wish whether it be a pistol, revolver, AR-15, shotgun, etc. Granted you may get some extra attention from LEO carry a long gun, but that it was, in fact, legal. Is this not the case or does this only apply while NOT in a moving vehicle? What's the story?

Don't confuse carry with transportation - Carrying and transporting aren't one in the same, and there are different laws for each.

So, if I have my carry permit and I'm carrying an AR-15 on my person and transition to a driving in a vehicle I'm suddenly subject to "Transporting" laws vs "Carrying"? What about carrying a handgun on my person (again with a permit) and doing the same thing? I'm certainly not subject to "Transportation" laws if I"m carrying a handgun am I? If not, why would it be any different for a long gun if I'm allowed to "carry" a long gun under the carry law?

The prohibition against carrying a pistol in public is 624.714. There is an exception for a person who has a permit to carry.
The prohibition against carrying a long gun in public is 624.7181. There is an exception for a person who has a permit to carry - they can also carry long guns with their permit.
The restrictions for transporting a firearm is 97B.045. There is an exception for a person who has a permit to carry - they can transport their pistol in a vehicle while carrying it.

Some people believe that the long gun exception in 624.7181 should also grant a person the ability to transport a loaded/uncased long gun without being in violation of 97B.045. There is no case law that I'm aware of that speaks to this, and it's the position of the DNR that a permit to carry does not except a person from the transportation requirements in 97B.045 concerning long guns. Don't be a test case!!

My personal, non-lawyer non-legal advice opinion is that the long gun exception in 624.7181 only applies to 724.7181. I don't believe that a court would find that the exception to 624.7181 extends to 97B.045, since it is a completely different statute. Add to this the fact that the legislature did specifically create an exception for transporting a pistol while carrying it in accordance with 624.714, but did *not* create an exception for long guns. It would be hard to argue that the legislature intended there to be an implicit exception for carrying a long gun when an explicit exception for carrying a pistol was included. It's not impossible, but I think it's unlikely. Again, don't be a test case!!

Bottom line - with a permit to carry, you can carry a pistol on your person, and transport it in a vehicle loaded and/or uncased. You can also carry a long gun in public, but you cannot transport it (or carry it in a vehicle) unless it is unloaded and cased in accordance with 97B.045. It's a stupid combination - if a person is legally able to carry a long gun they should be legally allowed to transport it in the same condition it is carried. Unfortunately though, this isn't the law, and the law doesn't have to make sense in order to ruin your life if you break it.

Honestly, a person shouldn't be carrying a long gun in public in the first place. It's a ridiculously stupid thing to do. Just because it's legal it doesn't make it a good idea!!

View · by **Lumpy** on Wed May 28, 2014 11:59 am

The rationale behind 97B.045 is to prevent hunting from vehicles. Since it would be nearly impossible to catch someone in the act of actually shooting, they banned having a loaded and ready long gun in cars. Sort of like the open-bottle law means they don't have to catch you taking a drink.

View · by **Joat** on Sat May 31, 2014 3:02 pm

I can't find a law enforcement exception for MN statute 907B.045, is it legal for a cop to have a loaded long in the front seat of a car?

View · by **goatroper** on Sat May 31, 2014 5:55 pm

This reminded me of being a teenager, before I could drive in the mid to late 70's. I lived in North Minneapolis and to get to my cousins house, who was the only person that could take me hunting, I had to take a bus downtown, walk a good few blocks and then take another bus. What I did and not sure if it was legal, but made my Mum feel better, was to take my 870 apart and wrap it up aloung with my shells in my hunting clothes, which all got loaded in my brother's old trombone case. Never had a problem, not sure if I would want my kids doing it now a day though.