Legal firearms

[BobT]

I agree with Surface Tension. The law does not prohibit carrying both firearms. The CO can ticket all he wants but if he tickets me, he'd have to prove his case in court because I'm quite sure I would challenge his interpretation.

At least I would so far as I have not found any law that forbids this action.

Bob

[vitalshot5]

He stated to me that you can carry a legal caliber pistol for deer during arms season but cannot carry a non legal caliber such as a .22 during arms season......I'll the take the word of the guy writing me the ticket over a couple a guys who want to twist the laws the way they want them to sound....thanks

[MOBY RICHARD*]

Not trying to twist... just correctly interpret...so I'm not left twisting... in the hot air...

[96trigger]

Quote:

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It states very clear in the Regs. Page 24

Possession of Firearms Before, During, and

After the Firearms Deer Season

No person may possess a firearm or ammunition outdoors during the period beginning the fifth day before the open firearms season and ending the second day after the close of the season within an area where deer may be legally taken by firearms (see page 31), except:

• A person who has a valid firearms big game license in possession may hunt big game during the open season with a firearm and ammunition authorized for big game.

• Possession is also legal under these conditions:

a) An unloaded firearm that is in a case or in a closed trunk of a motor vehicle.

A shotgun and shells containing No. 4 buckshot or smaller

diameter lead shot or nontoxic shot.

c) A .22 caliber rimfire handgun or rifle with .22 caliber short, long, or long rifle cartridges.

d) Handguns possessed by a person with a carry permit.

e) On an authorized target range.

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I think that some of you are interpreting that law wrong. The above law is telling you what is considered a legal firearm to carry while in the woods DURING gun season. The law is not "in addition to a legal big game firearm".

It enables non big game hunters to still hunt, just NOT while they are hunting big game. The above law also explains why you can have birdshot smaller than number 4 buckshot during the month period of firearm season. Its telling you that its legal to use a shotgun not intended to take big game.

However, nowhere does it tell you that you cannot have both. That said, I will listen to the CO, I do NOT believe that it is legal to posses both in the woods, much like it is not legal to take a firearm in the woods for turkey hunting, while also having a bow in the woods for archery deer.

[BobT]

Stringer, where does it say that you cannot carry both? Are you sure it is we that is misinterpreting or are you adding your gut feelings to the law?

It says that a .22 or shotgun with shot smaller than buckshot is permitted. It doesn't say "as long as that is the only weapon you have in possession" nor does it say that one is allowed to carry only one weapon.

Bob

edit: I think if I were being cited, I'd have to ask the officer what statute he/she was referencing for the citation. I haven't found one yet and the officer is not the law, he/she only enforces the law as they believe it is stated. Doesn't mean they are correct. They make mistakes as easily as we do.

[Surface Tension]

The regs state you can't have a handgun, permit to carry or not during the archery deer season. We know that and no one is saying differently.

I'm 100% certain that a person with a permit to carry can have a handgun in possession of any caliber while hunting the firearms deer season if that person also has a legal caliber firearm for taking deer.

So the quote below has at least one claim wrong. Is the claim of possession of the .22 handgun being illegal also wrong? It at least contradicts what the regs say.

"My neighbor who is also my local CO says he'll ticket you everytime for carrying a .22 pistol and a legal firearm for deer hunting. It doesn't matter whether you have a conceal and carry or not."

Nowhere in the regs say its not legal. In fact it leads you to believe it is legal. Could it be that it is illegal and just not in there? Maybe but you have to wonder why they'd make it perfectly clear that you can't have a handgun while deer archery and then leave out a .22 while deer firearm.

As I said before I'm not dissing COs but they're human and do make mistakes. For now I won't take anyones word, I want to see the law in writing.

[Surface Tension]

OK heres what I got from talking with the DNR Enforcement.

Yes you can have in possession a .22 handgun and a legal caliber firearm during the Deer Firearm Season. You can hunt small game and deer hunt at the same time as long as you use the .22 for small game and the legal caliber firearm for deer. This of coarse applies to Over/Under firearms also. If you don't have a Permit to Carry then the handgun can't be concealed.

Say you have a deer down and you need to finish it off. You can't use the .22 for that, you must use a legal caliber firearm. Or visa versa, you couldn't take small game with that Deer rifle.

97B.041, Minnesota Statutes 2006 is pretty much what the regs say.

The fact that it doesn't say you "can" possess both isn't there because the regs pretty much say what you "can't do".

Other wise the regs would be the size of a, quote from the person in charge of DNR Enforcement, "phone book".

As for the Permit to Carry, like I stated earlier you can carry any caliber handgun as long as you have a legal caliber firearm for Firearms Deer. That handgun can be concealed.

So if you have an area CO that thinks otherwise you should refer him/her to the top with Pat at DNR Enforcement.

[southwest]

Does the law just allow hunters with the concealed weapons

permit to carry .22 cal handgun or can anyone. Also does anyone know what is considered concealed. If I have a pistol in a case and in my vehicle is that considered concealed and a misdomeanor. The law doesn't really say how you can transport a pistol legally or I can't find that

explaination. Any help would be appreciated.

[Surface Tension]

"Does the law just allow hunters with the concealed weapons permit to carry .22 cal handgun or can anyone."

southwest, thats been answered.

Yes you can have in possession a .22 handgun and a legal caliber firearm during the Deer Firearm Season. You can hunt small game and deer hunt at the same time as long as you use the .22 for small game and the legal caliber firearm for deer. This of coarse applies to Over/Under firearms also. If you don't have a Permit to Carry then the handgun can't be concealed.

Transporting Firearms:

The following are general hunting regulations. Specific regulations

for various game species are in the Big Game, Small Game, Trapping,

Waterfowl,and Wild Turkey sections of this booklet.

ARMS RESTRICTIONS

Firearms Transportation

A person may not transport a firearm, including a handgun, in or

on a motor vehicle unless the firearm

is:

• unloaded* and cased;**

• unloaded* and in the closed trunk or rear of a motor vehicle; or

• carried under a valid permit to carry a pistol or handgun

Transportation of Bows

No person may transport an archery bow or crossbow in a motor

vehicle unless the bow is:

• unstrung, or

• completely contained in a case, or

• in the closed trunk or rear-most enclosed portion of a motor vehicle

that is not accessible from the passenger compartment.

Handguns

Persons age 18 or older may carry a handgun in the woods and

fields or upon waters to hunt or target shoot. Persons under age 18

may carry handguns for hunting if in the actual presence or under the

direct supervision of the person’s parent or guardian, and if they meet

firearms safety requirements (see page 20). A person may not carry a

handgun

while bowhunting except a person may take bear by archery

while in possession of a firearm. Questions

regarding

handguns

should be directed

to local law enforcement

authorities.

GENERAL HUNTING INFORMATION

* An “unloaded” firearm is defined as a firearm without ammunition

in the barrels

and magazine, if the magazine is in the firearm. A muzzle-loading firearm with

a flintlock ignition is unloaded if it does not have priming powder

in a pan. A

muzzle-loading firearm with percussion ignition is unloaded

if it does not have a

percussion cap on a nipple.

** A “cased” firearm is defined as a firearm in a gun case expressly made to contain a

firearm, when the case fully encloses the firearm by being zipped, snapped, buckled,

tied, or otherwise fastened, with no portion of the firearm

exposed. A holster

is not a legal case.

[BobT]

Thanks Frank.

[MOBY RICHARD*]

Just one more little twist...from what I read about the Permit to carry, it is not just a permit for handguns, but all otherwise "illegal to carry" weapons, like; long guns, long knives and machetes, and possibly bows or crossbows.

If the bows are allowed, that really makes for interesting interpretation.

[Grant Pearson]

Quote:

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We have a discussion running here.

Quite often while I'm deer hunting I'll come across a grouse or other small game. I am licensed to take either. It is unlawful to take grouse with a rifle caliber larger than .22. Is it permitted to carry both my 30-06 rifle and a .22 pistol at the same time while deer hunting?

Bob

---

my big question is, why are you going to try to hunt deer and small game at the same time? If you see a deer and, say, a grouse, at the same time, which do you shoot first? And why try to ruin your chance at a nice buck over a few rabbits or grouse?

[Surface Tension]

Right with the permit to carry you could carry a rifle, shotgun, knife, or handgun it doesn't matter.

To make this clear. If you have a permit to carry and your hunting you can bring the handgun(caliber of choice) along but you can't use it to take wild game if it isn't a legal caliber firearm.

[Surface Tension]

Quote:

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Quote:

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We have a discussion running here.

Quite often while I'm deer hunting I'll come across a grouse or other small game. I am licensed to take either. It is unlawful to take grouse with a rifle caliber larger than .22. Is it permitted to carry both my 30-06 rifle and a .22 pistol at the same time while deer hunting?

Bob

---

my big question is, why are you going to try to hunt deer and small game at the same time? If you see a deer and, say, a grouse, at the same time, which do you shoot first? And why try to ruin your chance at a nice buck over a few rabbits or grouse?

---

Its a personal choice and you have the legal right to do either. Of coarse if you see a grouse and deer at the same time then one might pick the deer over the grouse. Thats just one scenario though. Personally when I hunt deer thats all that concerns me. Thats my personal choice to hunt only deer. It be like me saying why would you fish for bass when the walleyes are right over there.

[fisherking01]

Thank you Frank, for taking the time to post the statute.

Most days I'd rather drag a grouse or rabbit out of the woods. Seems it gets harder all the time to sucker someone into dragging a large critter like a deer out!

[96trigger]

If I stand corrected, I stand corrected, it won't be the first time, or more than likely the last. Good job on clearing it up. If the CO's have a hard deciphering the law, how are we supposed to? It makes no sense to me then, why you can't both archery hunt for deer why simultaneously hunting for turkeys, as long as the same rules apply.

[SmilinBob]

[Right with the permit to carry you could carry a rifle, shotgun, knife, or handgun it doesn't matter]

It is not a permit to carry any weapon, it is printed on the permit "State of Minnesota permit to carry a pistol". I think this topic appears to be one of those ask 10 people, get 10 answers, even from law enforcement and CO's. I think if you use good common sense and don't carry while bowhunting, the problems encountered should be none to minimal, just like carrying anywhere else.

[Surface Tension]

I was careful not to mix statues in the same post or at least same paragraph. If you do then we go back to confusion. Lets just say for now that any reference to permit to carry means a handgun and not get into further statutes there.

SmilinBobEnzyte, its already been said that Permit to carry or not you can't have a firearm during the Deer Archery. It clearly states that in the regs.

[SmilinBob]

ST, sorry, that didn't come out in writing as it did in my head. I meant to make sure it is known that minnesota's permit is for pistols, unlike some other states that allow for carrying any concealed weapon. This is a good discussion, but it tends to raise a lot of questions because of the ability to interpret the wording of the regs in so many ways. I know I am confused, but it appears you should be able to carry a 22 for small game and a legal big game weapon at the same time as long as you don't attempt to take illegal game with the chosen firearm. Again, confusing!

[BobT]

Our discussion wasn't arguing the ethics or practicality of hunting both small and big game simultaneously. We were just discussing the legality of doing so.

I presented my scenario to try to be clear of the question. I personally would not likely carry a .22 while deer hunting.

Bob