Minnesota Laws on Carrying Handguns in the woods??

[Archerysniper]

Bob the law is broken when you carry a loaded hand gun it can not be concealed with out the permit.

[Tom7227]

The BAC is .04, not .05. Minn. Stat. §624.7142

The issue of whether a gun is concealed or carried openly makes no difference under Minnesota law. That concept is being debated in Wisconsin, and does not apply in Minnesota.

Minn. Stat. 624.714 says you can't carry a pistol in a public place, and then creates some exceptions. I previous mis-quoted the section in question, Minn. Stat.§642.714 Subd. 9 which reads:

"Subd. 9.Carrying pistols about one's premises or for purposes of repair, target practice.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."

I was wrong about the issue being debated and I apologize for introducing the idea concerning 'other lawful activity."

[Archerysniper]

You are correct the bac is.04% I was wrong.

[BobT]

Bob next time your out with a concealed weapon without the permit hunting,scouting,or whatever you like to do and run into a conservation officer tell him you are carrying and see what happens and then report back to use so we know the real statue and if it really is legal.

Basically, what you're asking me to do is take your word for it or take my chances. That's fair. I know that others in this thread have stated that they have friends or relatives in law enforcement and they claim you need to permit to carry concealed even while afield. If those of you get the chance, please ask their LOE acquaintance to name the statute that supports his/her claim. I have not been able to find a statute that says one must have a permit to carry a handgun concealed while afield. In fact, I haven't found a statute that says anything about carrying concealed at all.

Read it for yourself. Search for the Minnesota Office of the Revisor of Statutes and look up article 624.714. Use a search engine and search for the word "conceal" within the statute and you will not find it. That's why I keep pointing out that the law is being misquoted and misrepresented when it is referred to as a carry and conceal law. It is not. It is only a carry law.

By the way, Surface Tension. The permit does allow one to carry a loaded and uncased handgun in or on a motor vehicle, snowmobile, etc. A permit is not required if you unload it and case it but it is required if it is loaded or uncased. This is stated in 624.714 subd.9 (5).

[Tom7227]

I'm out of this discussion as it's reached the point of circular foolishness.

[BobT]

Ah. I see what you're saying. Now look at the opening statement of 624.714. In particular notice the part I have in bold print.

*******************************

Subd. 1a.Permit required; penalty.

A person, other than a peace officer, as defined in section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place, as defined in section 624.7181, subdivision 1, paragraph ©, without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony.

And then look at 624.7181, subdivision 1, paragraph © and again notice what I've highlighted in bold print.

© "Public place" means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: a person's dwelling house or premises, the place of business owned or managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields, or waters of this state where the person is present lawfully for the purpose of hunting or target shooting or other lawful activity involving firearms.

*************************************

Therefore, if I am carrying a handgun in the woods or afield where I am not by definition in a public place and am participating in a lawful activity involving a firearm such as carrying one, would I not be within the law?

I can see where this could really get wild.

[Tom7227]

I'm done.

[Here-Kitty-Kitty]

Ya I'm not sure if this one could be settled over the computer

[Muthagoose]

Quote:

or other lawful activity involving firearms.

Enough said...........

[HondaRider07]

Like stated before, I talked to my buddy(present day police officer) and he has talked to multiple sheriff's deputys. I also talked to a DNR officer this weekend and specifically asked him about carrying a handgun in the woods WITHOUT a CCW permit not during hunting season(such as scouting, hiking or camping) and he said it was legal, and that I would have no problems. I just can't transport it loaded on any type of motor vehicle(i.e....car/truck/atv/snowmobile/boat). I plan on asking my uncle(who is a forest ranger in the BWCA) this next weekend about the laws of carrying within the BWCA.....

[Here-Kitty-Kitty]

Yep thats what my buddys have said. The only differences in what your buddies are saying and mine are is that it has to be where you can legally hunt on. If you were to be stopped with a pistol you are coyote hunting being that they are open year around and there is no caliber rags on them.

[BobT]

Exactly what I've been saying with one small difference. I've been saying it is legal even if you have it under your coat because the law doesn't discriminate between concealed or unconcealed and this is what I was trying to understand.

It seems that the only way to settle it is to have a citation issued to someone that happened to have it concealed while they were afield and then they would challenge the citation in court and get a court ruling one way or the other.

[Archerysniper]

You first bob I have my permit so it dosen't matter

[KG243]

Just get a permit and make life easy!

[Here-Kitty-Kitty]

lol ya I am going to have to pass on the whole citation deal.

[Phooj]

I called the DNR and talked with them, they say you cant bring a hand gun into the woods unless you are bowhunting for Bear. that is the only exceptions.

[Here-Kitty-Kitty]

Well that doesn't work because it clearly states that for yote hunting you can use any caliber weapon including pistol calibers.

[para1911]

I also have a permit to carry and to my understanding the only time I CAN NOT have a handgun in the woods is when I'm bowhunting for deer (MN big game regs). I'm pretty sure thats the rule for non permit holders as well. Just don't conceal it and there shouldn't be a issue. I also talked to a CO on a portage heading into the BWCA. I was open carying and so was my friend. He asked me if I case my sidearm while I'm in the boat (MN still thinks it's necessary to case a handgun in a motor vehicle unless you have a carry permit). I handed him my carry permit with my fishing lic and he let us be on our way no questions asked.

Is the BWCA classified as national park? As of now you can't carry a handgun in a national park unless it's unloaded and cased. They placed this law back into effect just after they lifted it. I guess they're trying to get this law dropped again.

-Andy

[para1911]

Oh, and you have to be 18 or under the supervision of an adult. I was just told the BWCA is a widerness aera, not a park. I trust thier info until being told otherwise I guess. I was under the impression that it is unlawful to conceal a handgun at all unless you have the permit to do so. I may be wrong on this one... anybody know the answer?

[Tom7227]

Once again, wether the gun is concealed or not makes no difference in Minnesota law. You can be bare a$$ naked and if you have a loaded pistol you can be in trouble if you are in a public place and don't have a permit to carry.

As for answers from the DNR, no offense to them but their main focus is hunting laws. After writing a book on gun laws and teaching hundreds of police officers I can say without qualification that Minn. Stat. §624.714 Subd 9 prohibits carrying a pistol without a permit in the woods or fields or upone open waters unless they are hunting or target shooting - Here it is:

Subd. 9.Carrying pistols about one's premises or for purposes of repair, target practice. A permit to carry is not required of a person:

(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

[para1911]

If I go into the woods (not a public place) with the intention of target practicing and never take a single shot am I guilty of subd 9? This is why we seldom never hear of this being enforced, it has too many loopholes. I encourage everyone who ever may want to carry a handgun to get a carry permit. Then you can carry as many handguns you want in the woods or in public. Just put it away before the beers come out for the evening! The more permits that are issued the harder it will be to ever eliminate these permits!

[Dave S]

Tom7227,

not that I'm doubting what you're saying, but I guess after reading through subd. 9., nowhere (that I see) does it appear to say that a permit "IS" required to carry in the woods or fields or upon the waters of this state.

I don't mean to carry this on more than it already has been, but I don't think we should read more into this than what it states.

[Here-Kitty-Kitty]

for the purpose of hunting or of target shooting in a safe area; or

[BobT]

Originally Posted By: Tom7227

for the purpose of hunting or of target shooting in a safe area; or

[Here-Kitty-Kitty]

You and I have the same thoughts Bob. You just need to say that your yote hunting and then if there is a law against it then you are safe.