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Finlander

Uncased gun law?

56 posts in this topic

Uncased, un-loaded guns in vehicles, so are you able to have the gun unloaded only in the chamber and shells in the magzine like the Dakota's, or totally no shell or bullets in the gun?

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When you read the "original" law it speaks about having a firearm "cased" and unloaded...none in the chamber or magazine...that part did not change.... Subdivision 3 "exceptions" was added...here's the law as it passed....

Gun Case law

Sec. 38. Minnesota Statutes 2008, section 97B.035, subdivision 2, is amended to read: Subd. 2. Possession of crossbows. A person may not possess a crossbow in a motor vehicle during the open season for any game, unless the crossbow is not armed with a bolt or arrow.

.

Sec. 40. Minnesota Statutes 2008, section 97B.045, is amended by adding a

subdivision to read:

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.

Sec. 41. Minnesota Statutes 2008, section 97B.051, is amended to read:

97B.051 TRANSPORTATION OF ARCHERY BOWS.

Except as specified under section 97B.055, subdivision 2, a person may not transport

an archery bow in a motor vehicle unless the bow is: not armed with a bolt or arrow.

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Fox, still not sure from what you listed to clarify my original question as to totally no shell or cartriges in gun. Can you have ammo in the magazine when uncased?

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Quote:
When you read the "original" law it speaks about having a firearm "cased" and unloaded...none in the chamber or magazine...that part did not change.

Note the part I bold typed.

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BobT, I think the DNR will have to clarify weather or not you can have shells in the magazine with no shell in the chamber in the coming season!

The statemant you said still leaves me in question.

Don't mean to critisize your interpritation, just to many grey areas in what the new law states!

Finlander smile

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I think the DNR will have to clarify weather or not you can have shells in the magazine with no shell in the chamber in the coming season!

Finlander smile

No they don't. The DNR is charged with enforcing the law not making it.

lichen fox has posted the law as it is written. The only change made was to add subd.3, which previously has not existed. The legislature did not change the wording of Statute 97B.045. The word "unloaded" did not get redefined and means the same today as it has for years.

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BobT is correct. Think of it this way - the old law is still there. What was done was some exceptions were created that allow you to carry an uncased gun - nothing in the final version changes the law at all about whether there can be any ammuntion in the chamber or magazine. You can't have it loaded in any way. You can have it uncased in some areas some of the time.

Figuring out where those areas are frankly is just about impossible. The statute says that you cannot have an uncased gun where a governmental subdivision has prohibited the discharge of a firearam (Minn. Stat. §471.633). There is no practical way for anyone to figure out whether such an ordinance has been passed. One city, town or township may have passed such an law and the next one hasn't. You take your chances even driving around out in the hinterlands.

Dill and Cornish started with a flawed draft of the bill at the begining of the session and it only got worse as they made changes. They were opposed by nearly everyone but stubbornly pushed the bill forward. It was a solution looking for a problem when it started and frankly IMO made something a ton more complex than needed for no good reason.

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this law is going to be a revenue generator for the state. i hope the wardens are going to be issued thicker ticket books this fall.

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what needs to be defined this was changed for deer hunters making drives when somebody is dropped off a group to make a drive to thr rest of there party then waiting til somebody gets your trucks so you can case your guns to go to another spot not for driving threw town with it in your back window most people will still use cases all the time but when your group make 1 or 2 drives every year without 2 cases it is going to be nice not to worry about it . also anybody that drives around with a loaded gun cased or uncased shouldn't be hunting they should make stronger laws to automatical take them to the dnr auctions .about the only towns that i see where you will be able to drive threw will be the small towns that cater to hunters . I am sorry but what has to be defined are you looking for a loop hole ........

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I thought that there was not statutes on ammo? As to the affect of being able to have it in the vehicle, just not in the weapon. Just wondering about that.

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what needs to be defined this was changed for deer hunters making drives when somebody is dropped off a group to make a drive to thr rest of there party then waiting til somebody gets your trucks so you can case your guns to go to another spot not for driving threw town with it in your back window most people will still use cases all the time but when your group make 1 or 2 drives every year without 2 cases it is going to be nice not to worry about it . also anybody that drives around with a loaded gun cased or uncased shouldn't be hunting they should make stronger laws to automatical take them to the dnr auctions .about the only towns that i see where you will be able to drive threw will be the small towns that cater to hunters . I am sorry but what has to be defined are you looking for a loop hole ........

I solved that problem by buying a $3 gun sock at the store. It rolls up nicely in my vest (or jacket, works just fine, and meets the legal requirements.

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Due to the questions in regards to where one can and cannot have an uncased weapon, I will leave mine cased as it has been for years.

I will not get a tag on a questionable area.

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I am in that boat as well...no reason to be uncased in my car ever. I'm either bringing it to the shooting range or hunting and I don't see why anyone would need it uncased.

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It is great that we can pay our government to play around and make stupid laws. Really is it that hard to zip up a case? Just unload your gun and put it in the case end of story, that is how I will handle it.

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Many of my guns are nicer guns with a beautiful finish on them. The last thing I would care to do is set them in a vechile uncased. I really don't want to scratch them up and it is not that diffucult to case them up.

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So are mine. The case is usually soaked after a duck hunt. The last thing I want to do is let it sit in a wet case for a couple of hours on the trip home.

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From a predator hunters' point of view this is great news. One less thing to do in the cold after storing snowshoes/seat/clothing etc. not to mention the extra noise factor. I'd like to see the law allow rounds in the magazine like the Dakotas' for predator hunting but realize it would be impossible to enforce. Aside from hunting fox/coyotes I'd likely case my guns regardless.

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I'm so glad I will never have to replace one of those terrible plastic zippers again with a new case. I leave the mantle pieces at home. My guns go through brush, cattails, rain, snow, etc. Which does way more damage to them then sitting in the back of the truck seat. About time a law is passed for the law abiding. I will never case a gun again.

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I don't see why it needs to be cased. I guess some people just can't handle the responsiblity of having an uncased gun in the vehicle. Many seem to have attached a stigma to guns uncased in a vehicle. I applaud the honesty of those who admit they cannot handle the responsibility of having an uncased firearm in a vehicle.

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I personally don't understand why a person needs a uncased gun. Not saying that any are law breakers but it makes no difference to me if I have to case it.

I like my gun cased as at times I lay it in the truck bed and uncaed would be hard on the whole gun. If I have it in the cab, I would rather have it hidden in a case under something so no one sees it there and tempts anyone to think of stealing it.

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I don't see why it needs to be cased. I guess some people just can't handle the responsiblity of having an uncased gun in the vehicle. Many seem to have attached a stigma to guns uncased in a vehicle. I applaud the honesty of those who admit they cannot handle the responsibility of having an uncased firearm in a vehicle.

It's not about the responsibility, it's just overall safety of having your gun cased. I would rather have my gun stabilized in my car rather than moving around the trunk.

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Some years back when we did alot of drives for deer hunting with standers/drivers and moving from area to area someone or more always ended up getting a ride in a different truck it would been nice to have that law then.

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Since you brought me into this...

My take is that senator said something like "otherwise law abiding people getting tickets for a minor infraction," paraphrased but he repeatedly said someething like that. I don't buy it, those that before the law couldn't take a few seconds to case their guns most likely are pushing laws in other ways as well. Duck hunters seems especially prone to shooting way past sunset. Some hunters push bag limits. My bet is if hunters followed the cased gun law it was more likely they follow the rest of the game laws too.

I had an unlawful incident happen at my place a few years ago (an unlicensed 'hunter' pocessed my legally arrowed buck.) The following weekend (2nd wknd deer) the local CO hung around. Stopped 8 vehicles, gave 9 tickets. Most uncase AND loaded guns, one guy and his young son with NO licenses, one ticket for illegal pocession of a buck's head (probably mine.)

All around private property that none had permission to hunt (not no one, just not them.)

Last, hunter perception to the non-hunter is everything when is comes to securing our future hunting rights. I use that notion to guide my actions in the field and out. Is having rifles in the gun rack creating a positive perception?

Sure wouldn't want to be law enforcement approaching vehicles with loose guns inside.

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