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Relevant Minnesota

Statutes

to the Minnesota Citizens' Personal Protection Act

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Use of Force  -  Limitation on the Use of Deadly Force  -  2005 MCPPA  -  Guns and Transportation  -  Other Statutes

 

We at Gunthorp are not lawyers, and can not give opinions concerning legal matters.  We advise consulting with an attorney for any matters dealing with the law.  The use of force and the restrictions on the use of deadly force below are copied from the Minnesota StatutesHere are frequently asked questions and permit information from the MN BCA.

 

One of the most knowledgeable attorneys on the subject of the MN carry
law could be an asset to someone who feels that he has been treated unfairly.
David Gross
6420 French Lake trail
Faribault, MN 55021-7482
(507)333-5615
(612)388-3880
 

609.06 Authorized use of force.

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Subdivision 1. When authorized. Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or

(9) when used to restrain a person who is mentally ill or mentally defective from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.

Subd. 2. Deadly force used against peace officers. Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult.

Question:  Could deadly force, or apparent death, or great bodily harm be implied by officers if someone just  points a weapon at them or threatens them with a deadly weapon?

 

 

Limitations on the Use of Deadly Force

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609.065 Justifiable taking of life.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.

Question:  Could abode mean wherever you happen to be staying?

Keep in mind that simple trespass is not a felony by itself.

What would a jury of your peers believe to be resisting or preventing, necessary and reasonable, given the situation?

Police officers answer to a different standard.

609.066 Authorized use of deadly force by peace officers.

Subdivision 1. Deadly force defined. For the purposes of this section, "deadly force" means force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. "Less lethal munitions" means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. "Peace officer" has the meaning given in section 626.84, subdivision 1.

Subd. 2. Use of deadly force. Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when necessary:

(1) To protect the peace officer or another from apparent death or great bodily harm;

(2) To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or

(3) To effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed.

Subd. 3. No defense. This section and sections 609.06, 609.065 and 629.33 may not be used as a defense in a civil action brought by an innocent third party.

HIST: 1978 c 736 s 2; 1986 c 444; 2001 c 127 s 1

Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.

 

 

 

2005 MCPPA Bill

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This is the Bill:

Minnesota Statutes 2005, Table of Chapters

Table of contents for Chapter 624

 

624.714 Carrying of weapons without permit; penalties.

Subdivision 1. Repealed, 2003 c 28 art 2 s 35

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 (c), 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.

Subd. 1b. Display of permit; penalty. (a) The holder of a permit to carry must have the permit card and a driver's license, state identification card, or other government-issued photo identification in immediate possession at all times when carrying a pistol and must display the permit card and identification document upon lawful demand by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

(b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates, in court or in the office of the arresting officer, that the person was authorized to carry the pistol at the time of the alleged violation.

(c) Upon the request of a peace officer, a permit holder must write a sample signature in the officer's presence to aid in verifying the person's identity.

(d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether or not the permit holder is currently carrying a firearm.

Subd. 2. Where application made; authority to issue permit; criteria; scope. (a) Applications by Minnesota residents for permits to carry shall be made to the county sheriff where the applicant resides. Nonresidents, as defined in section 171.01, subdivision 42, may apply to any sheriff.

(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6, paragraph (a), clause (3), a sheriff must issue a permit to an applicant if the person:

(1) has training in the safe use of a pistol;

(2) is at least 21 years old and a citizen or a permanent resident of the United States;

(3) completes an application for a permit;

(4) is not prohibited from possessing a firearm under the following sections:

(i) 518B.01, subdivision 14;

(ii) 609.224, subdivision 3;

(iii) 609.2242, subdivision 3;

(iv) 609.749, subdivision 8;

(v) 624.713;

(vi) 624.719;

(vii) 629.715, subdivision 2;

(viii) 629.72, subdivision 2; or

(ix) any federal law; and

(5) is not listed in the criminal gang investigative data system under section 299C.091.

(c) A permit to carry a pistol issued or recognized under this section is a state permit and is effective throughout the state.

(d) A sheriff may contract with a police chief to process permit applications under this section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority and the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all of the provisions of this section will apply.

Subd. 2a. Training in the safe use of a pistol. (a) An applicant must present evidence that the applicant received training in the safe use of a pistol within one year of the date of an original or renewal application. Training may be demonstrated by:

(1) employment as a peace officer in the state of Minnesota within the past year; or

(2) completion of a firearms safety or training course providing basic training in the safe use of a pistol and conducted by a certified instructor.

(b) Basic training must include:

(1) instruction in the fundamentals of pistol use;

(2) successful completion of an actual shooting qualification exercise; and

(3) instruction in the fundamental legal aspects of pistol possession, carry, and use, including self-defense and the restrictions on the use of deadly force.

(c) The certified instructor must issue a certificate to a person who has completed a firearms safety or training course described in paragraph (b). The certificate must be signed by the instructor and attest that the person attended and completed the course.

(d) A person qualifies as a certified instructor if the person is certified as a firearms instructor within the past five years by an organization or government entity that has been approved by the Department of Public Safety in accordance with the department's standards.

(e) A sheriff must accept the training described in this subdivision as meeting the requirement in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff may also accept other satisfactory evidence of training in the safe use of a pistol.

Subd. 3. Form and contents of application. (a) Applications for permits to carry must be an official, standardized application form, adopted under section 624.7151, and must set forth in writing only the following information:

(1) the applicant's name, residence, telephone number, if any, and driver's license number or state identification card number;

(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and distinguishing physical characteristics, if any;

(3) the township or statutory city or home rule charter city, and county, of all Minnesota residences of the applicant in the last five years, though not including specific addresses;

(4) the township or city, county, and state of all non-Minnesota residences of the applicant in the last five years, though not including specific addresses;

(5) a statement that the applicant authorizes the release to the sheriff of commitment information about the applicant maintained by the commissioner of human services or any similar agency or department of another state where the applicant has resided, to the extent that the information relates to the applicant's eligibility to possess a firearm; and

(6) a statement by the applicant that, to the best of the applicant's knowledge and belief, the applicant is not prohibited by law from possessing a firearm.

(b) The statement under paragraph (a), clause (5), must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

(c) An applicant must submit to the sheriff an application packet consisting only of the following items:

(1) a completed application form, signed and dated by the applicant;

(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and

(3) an accurate photocopy of the applicant's current driver's license, state identification card, or the photo page of the applicant's passport.

(d) In addition to the other application materials, a person who is otherwise ineligible for a permit due to a criminal conviction but who has obtained a pardon or expungement setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, must submit a copy of the relevant order.

(e) Applications must be submitted in person.

(f) The sheriff may charge a new application processing fee in an amount not to exceed the actual and reasonable direct cost of processing the application or $100, whichever is less. Of this amount, $10 must be submitted to the commissioner and deposited into the general fund.

(g) This subdivision prescribes the complete and exclusive set of items an applicant is required to submit in order to apply for a new or renewal permit to carry. The applicant must not be asked or required to submit, voluntarily or involuntarily, any information, fees, or documentation beyond that specifically required by this subdivision. This paragraph does not apply to alternate training evidence accepted by the sheriff under subdivision 2a, paragraph (d).

(h) Forms for new and renewal applications must be available at all sheriffs' offices and the commissioner must make the forms available on the Internet.

(i) Application forms must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder is or becomes prohibited by law from possessing a firearm. The notice must list the applicable state criminal offenses and civil categories that prohibit a person from possessing a firearm.

(j) Upon receipt of an application packet and any required fee, the sheriff must provide a signed receipt indicating the date of submission.

Subd. 4. Investigation. (a) The sheriff must check, by means of electronic data transfer, criminal records, histories, and warrant information on each applicant through the Minnesota Crime Information System and, to the extent necessary, the National Instant Check System. The sheriff shall also make a reasonable effort to check other available and relevant federal, state, or local record-keeping systems. The sheriff must obtain commitment information from the commissioner of human services as provided in section 245.041 or, if the information is reasonably available, as provided by a similar statute from another state.

(b) When an application for a permit is filed under this section, the sheriff must notify the chief of police, if any, of the municipality where the applicant resides. The police chief may provide the sheriff with any information relevant to the issuance of the permit.

(c) The sheriff must conduct a background check by means of electronic data transfer on a permit holder through the Minnesota Crime Information System and, to the extent necessary, the National Instant Check System at least yearly to ensure continuing eligibility. The sheriff may conduct additional background checks by means of electronic data transfer on a permit holder at any time during the period that a permit is in effect.

Subd. 5. Repealed, 2003 c 28 art 2 s 35

Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days after the date of receipt of the application packet described in subdivision 3:

(1) issue the permit to carry;

(2) deny the application for a permit to carry solely on the grounds that the applicant failed to qualify under the criteria described in subdivision 2, paragraph (b); or

(3) deny the application on the grounds that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit.

(b) Failure of the sheriff to notify the applicant of the denial of the application within 30 days after the date of receipt of the application packet constitutes issuance of the permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application, the sheriff must provide the applicant with written notification and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual basis. The sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. Upon receiving any additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12.

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the applicant by first class mail unless personal delivery has been made. Within five business days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to the commissioner for inclusion solely in the database required under subdivision 15, paragraph (a). The sheriff must transmit the information in a manner and format prescribed by the commissioner.

(d) Within five business days of learning that a permit to carry has been suspended or revoked, the sheriff must submit information to the commissioner regarding the suspension or revocation for inclusion solely in the databases required or permitted under subdivision 15.

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application process if a charge is pending against the applicant that, if resulting in conviction, will prohibit the applicant from possessing a firearm.

Subd. 7. Permit card contents; expiration; renewal. (a) Permits to carry must be on an official, standardized permit card adopted by the commissioner, containing only the name, residence, and driver's license number or state identification card number of the permit holder, if any.

(b) The permit card must also identify the issuing sheriff and state the expiration date of the permit. The permit card must clearly display a notice that a permit, if granted, is void and must be immediately returned to the sheriff if the permit holder becomes prohibited by law from possessing a firearm.

(c) A permit to carry a pistol issued under this section expires five years after the date of issue. It may be renewed in the same manner and under the same criteria which the original permit was obtained, subject to the following procedures:

(1) no earlier than 90 days prior to the expiration date on the permit, the permit holder may renew the permit by submitting to the appropriate sheriff the application packet described in subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct cost of processing the application or $75, whichever is less. Of this amount, $5 must be submitted to the commissioner and deposited into the general fund. The sheriff must process the renewal application in accordance with subdivisions 4 and 6; and

(2) a permit holder who submits a renewal application packet after the expiration date of the permit, but within 30 days after expiration, may renew the permit as provided in clause (1) by paying an additional late fee of $10.

(d) The renewal permit is effective beginning on the expiration date of the prior permit to carry.

Subd. 7a. Change of address; loss or destruction of permit. (a) Within 30 days after changing permanent address, or within 30 days of having lost or destroyed the permit card, the permit holder must notify the issuing sheriff of the change, loss, or destruction. Failure to provide notification as required by this subdivision is a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not subject to forfeiture.

(b) After notice is given under paragraph (a), a permit holder may obtain a replacement permit card by paying $10 to the sheriff. The request for a replacement permit card must be made on an official, standardized application adopted for this purpose under section 624.7151, and, except in the case of an address change, must include a notarized statement that the permit card has been lost or destroyed.

Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the holder becomes prohibited by law from possessing a firearm, in which event the holder must return the permit card to the issuing sheriff within five business days after the holder knows or should know that the holder is a prohibited person. If the sheriff has knowledge that a permit is void under this paragraph, the sheriff must give notice to the permit holder in writing in the same manner as a denial. Failure of the holder to return the permit within the five days is a gross misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.

(b) When a permit holder is convicted of an offense that prohibits the permit holder from possessing a firearm, the court must take possession of the permit, if it is available, and send it to the issuing sheriff.

(c) The sheriff of the county where the application was submitted, or of the county of the permit holder's current residence, may file a petition with the district court therein, for an order revoking a permit to carry on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall be issued only if the sheriff meets the burden of proof and criteria set forth in subdivision 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses, including attorney fees.

(d) A permit revocation must be promptly reported to the issuing sheriff.

Subd. 8a. Prosecutor's duty. Whenever a person is charged with an offense that would, upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney must ascertain whether the person is a permit holder under this section. If the person is a permit holder, the prosecutor must notify the issuing sheriff that the person has been charged with a prohibiting offense. The prosecutor must also notify the sheriff of the final disposition of the case.

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:

(a) to keep or carry about the person's place of business, dwelling house, premises or on land possessed by the person a pistol;

(b) 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;

(c) to carry a pistol between the person's dwelling house and place of business;

(d) 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

(e) 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.

Subd. 10. False representations. A person who gives or causes to be given any false material information in applying for a permit to carry, knowing or having reason to know the information is false, is guilty of a gross misdemeanor.

Subd. 11. No limit on number of pistols. A person shall not be restricted as to the number of pistols the person may carry.

Subd. 11a. Emergency issuance of permits. A sheriff may immediately issue an emergency permit to a person if the sheriff determines that the person is in an emergency situation that may constitute an immediate risk to the safety of the person or someone residing in the person's household. A person seeking an emergency permit must complete an application form and must sign an affidavit describing the emergency situation. An emergency permit applicant does not need to provide evidence of training. An emergency permit is valid for 30 days, may not be renewed, and may be revoked without a hearing. No fee may be charged for an emergency permit. An emergency permit holder may seek a regular permit under subdivision 3 and is subject to the other applicable provisions of this section.

Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial or revocation of a permit to carry may appeal by petition to the district court having jurisdiction over the county or municipality where the application was submitted. The petition must list the sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief before the completion of the hearing. The record of the hearing must be sealed. The matter must be heard de novo without a jury.

(b) The court must issue written findings of fact and conclusions of law regarding the issues submitted by the parties. The court must issue its writ of mandamus directing that the permit be issued and order other appropriate relief unless the sheriff establishes by clear and convincing evidence:

(1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph (b); or

(2) that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit. Incidents of alleged criminal misconduct that are not investigated and documented may not be considered.

(c) If an applicant is denied a permit on the grounds that the applicant is listed in the criminal gang investigative data system under section 299C.091, the person may challenge the denial, after disclosure under court supervision of the reason for that listing, based on grounds that the person:

(1) was erroneously identified as a person in the data system;

(2) was improperly included in the data system according to the criteria outlined in section 299C.091, subdivision 2, paragraph (b); or

(3) has demonstrably withdrawn from the activities and associations that led to inclusion in the data system.

(d) If the court grants a petition brought under paragraph (a), the court must award the applicant or permit holder reasonable costs and expenses including attorney fees.

Subd. 12a. Suspension as condition of release. The district court may order suspension of the application process for a permit or suspend the permit of a permit holder as a condition of release pursuant to the same criteria as the surrender of firearms under section 629.715. A permit suspension must be promptly reported to the issuing sheriff. If the permit holder has an out-of-state permit recognized under subdivision 16, the court must promptly report the suspension to the commissioner for inclusion solely in the database under subdivision 15, paragraph (a).

Subd. 13. Exemptions; adult correctional facility officers. A permit to carry a pistol is not required of any officer of a state adult correctional facility when on guard duty or otherwise engaged in an assigned duty.

Subd. 14. Records. (a) A sheriff must not maintain records or data collected, made, or held under this section concerning any applicant or permit holder that are not necessary under this section to support a permit that is outstanding or eligible for renewal under subdivision 7, paragraph (b). Notwithstanding section 138.163, sheriffs must completely purge all files and databases by March 1 of each year to delete all information collected under this section concerning all persons who are no longer current permit holders or currently eligible to renew their permit.

(b) Paragraph (a) does not apply to records or data concerning an applicant or permit holder who has had a permit denied or revoked under the criteria established in subdivision 2, paragraph (b), clause (1), or subdivision 6, paragraph (a), clause (3), for a period of six years from the date of the denial or revocation.

Subd. 15. Commissioner; contracts; database. (a) The commissioner must maintain an automated database of persons authorized to carry pistols under this section that is available 24 hours a day, seven days a week, only to law enforcement agencies, including prosecutors carrying out their duties under subdivision 8a, to verify the validity of a permit.

(b) The commissioner may maintain a separate automated database of denied applications for permits to carry and of revoked permits that is available only to sheriffs performing their duties under this section containing the date of, the statutory basis for, and the initiating agency for any permit application denied or permit revoked for a period of six years from the date of the denial or revocation.

(c) The commissioner may contract with one or more vendors to implement the commissioner's duties under this section.

Subd. 16. Recognition of permits from other states. (a) The commissioner must annually establish and publish a list of other states that have laws governing the issuance of permits to carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.

(b) Notwithstanding paragraph (a), no license or permit from another state is valid in this state if the holder is or becomes prohibited by law from possessing a firearm.

(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses including attorney fees. The petition may be filed in any county in the state where a person holding a license or permit from another state can be found.

(d) The commissioner must, when necessary, execute reciprocity agreements regarding carry permits with jurisdictions whose carry permits are recognized under paragraph (a).

Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person or clothes under a permit or otherwise who remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms not be brought into the establishment may be ordered to leave the premises. A person who fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this subdivision is not subject to forfeiture.

(b) As used in this subdivision, the terms in this paragraph have the meanings given.

(1) "Reasonable request" means a request made under the following circumstances:

(i) the requester has prominently posted a conspicuous sign at every entrance to the establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; or

(ii) the requester or the requester's agent personally informs the person that guns are prohibited in the premises and demands compliance.

(2) "Prominently" means readily visible and within four feet laterally of the entrance with the bottom of the sign at a height of four to six feet above the floor.

(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height against a bright contrasting background that is at least 187 square inches in area.

(4) "Private establishment" means a building, structure, or portion thereof that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.

(c) The owner or operator of a private establishment may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

(d) This subdivision does not apply to private residences. The lawful possessor of a private residence may prohibit firearms, and provide notice thereof, in any lawful manner.

(e) A landlord may not restrict the lawful carry or possession of firearms by tenants or their guests.

(f) Notwithstanding any inconsistent provisions in section 609.605, this subdivision sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm possession is not allowed in a private establishment and sets forth the exclusive penalty for such activity.

(g) This subdivision does not apply to:

(1) an active licensed peace officer; or

(2) a security guard acting in the course and scope of employment.

Subd. 18. Employers; public colleges and universities. (a) An employer, whether public or private, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. Employment related civil sanctions may be invoked for a violation.

(b) A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation.

(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

Subd. 19. Immunity. Neither a sheriff, police chief, any employee of a sheriff or police chief involved in the permit issuing process, nor any certified instructor is liable for damages resulting or arising from acts with a firearm committed by a permit holder, unless the person had actual knowledge at the time the permit was issued or the instruction was given that the applicant was prohibited by law from possessing a firearm.

Subd. 20. Monitoring. (a) By March 1, 2004, and each year thereafter, the commissioner must report to the legislature on:

(1) the number of permits applied for, issued, suspended, revoked, and denied, further categorized by the age, sex, and zip code of the applicant or permit holder, since the previous submission, and in total;

(2) the number of permits currently valid;

(3) the specific reasons for each suspension, revocation, and denial and the number of reversed, canceled, or corrected actions;

(4) without expressly identifying an applicant, the number of denials or revocations based on the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for each denial or revocation, and the result of an appeal, if any, including the court's findings of fact, conclusions of law, and order;

(5) the number of convictions and types of crimes committed since the previous submission, and in total, by individuals with permits including data as to whether a firearm lawfully carried solely by virtue of a permit was actually used in furtherance of the crime;

(6) to the extent known or determinable, data on the lawful and justifiable use of firearms by permit holders; and

(7) the status of the segregated funds reported to the commissioner under subdivision 21.

(b) Sheriffs and police chiefs must supply the Department of Public Safety with the basic data the department requires to complete the report under paragraph (a). Sheriffs and police chiefs may submit data classified as private to the Department of Public Safety under this paragraph.

(c) Copies of the report under paragraph (a) must be made available to the public at the actual cost of duplication.

(d) Nothing contained in any provision of this section or any other law requires or authorizes the registration, documentation, collection, or providing of serial numbers or other data on firearms or on firearms' owners.

Subd. 21. Use of fees. Fees collected by sheriffs under this section and not forwarded to the commissioner must be used only to pay the direct costs of administering this section. Fee money may be used to pay the costs of appeals of prevailing applicants or permit holders under subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision 16, paragraph (c). Fee money may also be used to pay the reasonable costs of the county attorney to represent the sheriff in proceedings under this section. The revenues must be maintained in a segregated fund. Fund balances must be carried over from year to year and do not revert to any other fund. As part of the information supplied under subdivision 20, paragraph (b), by January 31 of each year, a sheriff must report to the commissioner on the sheriff's segregated fund for the preceding calendar year, including information regarding:

(1) nature and amount of revenues;

(2) nature and amount of expenditures; and

(3) nature and amount of balances.

Subd. 22. Short title; construction; severability. This section may be cited as the Minnesota Citizens' Personal Protection Act of 2003. The legislature of the state of Minnesota recognizes and declares that the second amendment of the United States Constitution guarantees the fundamental, individual right to keep and bear arms. The provisions of this section are declared to be necessary to accomplish compelling state interests in regulation of those rights. The terms of this section must be construed according to the compelling state interest test. The invalidation of any provision of this section shall not invalidate any other provision.

Subd. 23. Exclusivity. This section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and establishes their nature and scope. No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or governmental authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry.

Subd. 24. Predatory offenders. Except when acting under the authority of other law, it is a misdemeanor for a person required to register by section 243.166 to carry a pistol whether or not the carrier possesses a permit to carry issued under this section. If an action prohibited by this subdivision is also a violation of another law, the violation may be prosecuted under either law.

HIST: 1975 c 378 s 4; 1976 c 269 s 1; 1977 c 349 s 3; 1983 c 264 s 10; 1986 c 444; 1992 c 571 art 15 s 8,9; 1993 c 326 art 1 s 32; 1994 c 618 art 1 s 45,46; 1994 c 636 art 3 s 38-40; 1998 c 254 art 2 s 69; 2003 c 28 art 2 s 4-28,34; 2005 c 83 s 1,3-10

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.

 
 
 

624.7142 Carrying while under the influence of alcohol or a controlled substance.

Subdivision 1. Acts prohibited. A person may not carry a pistol on or about the person's clothes or person in a public place:

(1) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;

(2) when the person is under the influence of a combination of any two or more of the elements named in clauses (1) and (4);

(3) when the person is knowingly under the influence of any chemical compound or combination of chemical compounds that is listed as a hazardous substance in rules adopted under section 182.655 and that affects the nervous system, brain, or muscles of the person so as to impair the person's clearness of intellect or physical control;

(4) when the person is under the influence of alcohol;

(5) when the person's alcohol concentration is 0.10 or more; or

(6) when the person's alcohol concentration is less than 0.10, but more than 0.04.

Subd. 2. Arrest. A peace officer may arrest a person for a violation under subdivision 1 without a warrant upon probable cause, without regard to whether the violation was committed in the officer's presence.

Subd. 3. Preliminary screening test. When an officer authorized under subdivision 2 to make arrests has reason to believe that the person may be violating or has violated subdivision 1, the officer may require the person to provide a breath sample for a preliminary screening test using a device approved by the commissioner for this purpose. The results of the preliminary screening test must be used for the purpose of deciding whether an arrest should be made under this section and whether to require the chemical tests authorized in section 624.7143, but may not be used in any court action except: (1) to prove that the test was properly required of a person under section 624.7143, or (2) in a civil action arising out of the use of the pistol. Following the preliminary screening test, additional tests may be required of the person as provided under section 624.7143. A person who refuses a breath sample is subject to the provisions of section 624.7143 unless, in compliance with that section, the person submits to a blood, breath, or urine test to determine the presence of alcohol or a controlled substance.

Subd. 4. Evidence. In a prosecution for a violation of subdivision 1, the admission of evidence of the amount of alcohol or a controlled substance in the person's blood, breath, or urine is governed by section 169A.45.

Subd. 5. Suspension. A person who is charged with a violation under this section may have their authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise suspended by the court as a condition of release.

Subd. 6. Penalties. (a) A person who violates a prohibition under subdivision 1, clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a gross misdemeanor.

(b) A person who violates subdivision 1, clause (6), is guilty of a misdemeanor.

(c) In addition to the penalty imposed under paragraph (a), if a person violates subdivision 1, clauses (1) to (5), the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise is revoked and the person may not reapply for a period of one year from the date of conviction.

(d) In addition to the penalty imposed under paragraph (b), if a person violates subdivision 1, clause (6), the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise is suspended for 180 days from the date of conviction.

(e) Notwithstanding section 609.531, a firearm carried in violation of subdivision 1, clause (6), is not subject to forfeiture.

Subd. 7. Reporting. Suspensions and revocations under this section must be reported in the same manner as in section 624.714, subdivision 12a.

 

 

624.7143 Chemical testing.

Subdivision 1. Mandatory chemical testing. A person who carries a pistol in a public place on or about the person's clothes or person is required, subject to the provisions of this section, to take or submit to a test of the person's blood, breath, or urine for the purpose of determining the presence and amount of alcohol or a controlled substance. The test shall be administered at the direction of an officer authorized to make arrests under section 624.7142. Taking or submitting to the test is mandatory when requested by an officer who has probable cause to believe the person was carrying a pistol in violation of section 624.7142, and one of the following conditions exists:

(1) the person has been lawfully placed under arrest for violating section 624.7142;

(2) the person has been involved while carrying a firearm in a firearms-related accident resulting in property damage, personal injury, or death;

(3) the person has refused to take the preliminary screening test provided for in section 624.7142; or

(4) the screening test was administered and indicated an alcohol concentration of 0.04 or more.

Subd. 2. Penalties; refusal; revocation. (a) If a person refuses to take a test required under subdivision 1, none must be given but the officer shall report the refusal to the sheriff and to the authority having responsibility for prosecution of misdemeanor offenses for the jurisdiction in which the incident occurred that gave rise to the test demand and refusal. On certification by the officer that probable cause existed to believe the person had been carrying a pistol on or about the person's clothes or person in a public place while under the influence of alcohol or a controlled substance, and that the person refused to submit to testing, a court may impose a civil penalty of $500 and may revoke the person's authority to carry a pistol in a public place on or about the person's clothes or person under the provisions of a permit or otherwise for a period of one year from the date of the refusal. The person shall be accorded notice and an opportunity to be heard prior to imposition of the civil penalty or the revocation.

(b) Revocations under this subdivision must be reported in the same manner as in section 624.714, subdivision 12a.

Subd. 3. Rights and obligations. At the time a test is requested, the person must be informed that:

(1) Minnesota law requires a person to take a test to determine if the person is under the influence of alcohol or a controlled substance;

(2) if the person refuses to take the test, the person is subject to a civil penalty of $500 and is prohibited for a period of one year from carrying a pistol in a public place on or about the person's clothes or person, as provided under subdivision 2; and

(3) that the person has the right to consult with an attorney, but that this right is limited to the extent it cannot unreasonably delay administration of the test or the person will be deemed to have refused the test.

Subd. 4. Requirement of blood or urine test. Notwithstanding subdivision 1, if there is probable cause to believe there is impairment by a controlled substance that is not subject to testing by a breath test, a blood or urine test may be required even after a breath test has been administered.

Subd. 5. Chemical tests. Chemical tests administered under this section are governed by section 169A.51 in all aspects that are not inconsistent with this section.

 

609.66 Dangerous weapons.

 

    Subdivision 1.    Misdemeanor and gross misdemeanor

 crimes.  (a) Whoever does any of the following is guilty of a

 crime and may be sentenced as provided in paragraph (b):

 

    (1) recklessly handles or uses a gun or other dangerous

 weapon or explosive so as to endanger the safety of another; or

 

    (2) intentionally points a gun of any kind, capable of

 injuring or killing a human being and whether loaded or

 unloaded, at or toward another; or

 

    (3) manufactures or sells for any unlawful purpose any

 weapon known as a slungshot or sand club; or

 

    (4) manufactures, transfers, or possesses metal knuckles or

 a switch blade knife opening automatically; or

 

    (5) possesses any other dangerous article or substance for

 the purpose of being used unlawfully as a weapon against

 another; or

 

    (6) outside of a municipality and without the parent's or

 guardian's consent, furnishes a child under 14 years of age, or

 as a parent or guardian permits the child to handle or use,

 outside of the parent's or guardian's presence, a firearm or

 airgun of any kind, or any ammunition or explosive. 

 

    Possession of written evidence of prior consent signed by

 the minor's parent or guardian is a complete defense to a charge

 under clause (6).

 

    (b) A person convicted under paragraph (a) may be sentenced

 as follows:

 

    (1) if the act was committed in a public housing zone, as

 defined in section 152.01, subdivision 19, a school zone, as

 defined in section 152.01, subdivision 14a, or a park zone, as

 defined in section 152.01, subdivision 12a, to imprisonment for

 not more than one year or to payment of a fine of not more than

 $3,000, or both; or

 

    (2) otherwise, including where the act was committed on

 residential premises within a zone described in clause (1) if

 the offender was at the time an owner, tenant, or invitee for a

 lawful purpose with respect to those residential premises, to

 imprisonment for not more than 90 days or to payment of a fine

 of not more than $1,000, or both.

 

    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

 

    (3) recklessly discharges a firearm within a municipality.

 

    (b) A person convicted under paragraph (a) may be sentenced

 as follows:

 

    (1) if the act was a violation of paragraph (a), clause

 (2), or if the act was a violation of paragraph (a), clause (1)

 or (3), and was committed in a public housing zone, as defined

 in section 152.01, subdivision 19, a school zone, as defined in

 section 152.01, subdivision 14a, or a park zone, as defined in

 section 152.01, subdivision 12a, to imprisonment for not more

 than five years or to payment of a fine of not more than

 $10,000, or both; or

 

    (2) otherwise, to imprisonment for not more than two years

 or to payment of a fine of not more than $5,000, or both.

 

    Subd. 1b.    Felony; furnishing to minors.  Whoever, in

 any municipality of this state, furnishes a minor under 18 years

 of age with a firearm, airgun, ammunition, or explosive without

 the prior consent of the minor's parent or guardian or of the

 police department of the municipality is guilty of a felony and

 may be sentenced to imprisonment for not more than ten years or

 to payment of a fine of not more than $20,000, or both. 

 Possession of written evidence of prior consent signed by the

 minor's parent or guardian is a complete defense to a charge

 under this subdivision.

 

    Subd. 1c.    Felony; furnishing a dangerous weapon. 

 Whoever recklessly furnishes a person with a dangerous weapon in

 conscious disregard of a known substantial risk that the object

 will be possessed or used in furtherance of a felony crime of

 violence is guilty of a felony and may be sentenced to

 imprisonment for not more than ten years or to payment of a fine

 of not more than $20,000, or both.

 

    Subd. 1d.    Possession on school property; penalty.  (a)

 Except as provided under paragraphs (c) and (e), whoever

 possesses, stores, or keeps a dangerous weapon or uses or

 brandishes a replica firearm or a BB gun while knowingly on

 school property is guilty of a felony and may be sentenced to

 imprisonment for not more than two years or to payment of a fine

 of not more than $5,000, or both.

 

    (b) Whoever possesses, stores, or keeps a replica firearm

 or a BB gun on school property is guilty of a gross misdemeanor.

 

    (c) Notwithstanding paragraph (a) or (b), it is a

 misdemeanor for a person authorized to carry a firearm under the

 provisions of a permit or otherwise to carry a firearm on or

 about the person's clothes or person in a location the person

 knows is school property.  Notwithstanding section 609.531, a

 firearm carried in violation of this paragraph is not subject to

 forfeiture.

 

    (d) As used in this subdivision:

 

    (1) "BB gun" means a device that fires or ejects a shot

 measuring .18 of an inch or less in diameter;

 

    (2) "dangerous weapon" has the meaning given it in section

 609.02, subdivision 6;

 

    (3) "replica firearm" has the meaning given it in section

 609.713; and

 

    (4) "school property" means:

 

    (i) a public or private elementary, middle, or secondary

 school building and its improved grounds, whether leased or

 owned by the school;

 

    (ii) a child care center licensed under chapter 245A during

 the period children are present and participating in a child

 care program;

 

    (iii) the area within a school bus when that bus is being

 used by a school to transport one or more elementary, middle, or

 secondary school students to and from school-related activities,

 including curricular, cocurricular, noncurricular,

 extracurricular, and supplementary activities; and

 

    (iv) that portion of a building or facility under the

 temporary, exclusive control of a public or private school, a

 school district, or an association of such entities where

 conspicuous signs are prominently posted at each entrance that

 give actual notice to persons of the school-related use.

 

    (e) This subdivision does not apply to:

 

    (1) active licensed peace officers;

 

    (2) military personnel or students participating in

 military training, who are on-duty, performing official duties;

 

    (3) persons authorized to carry a pistol under section

 624.714 while in a motor vehicle or outside of a motor vehicle

 to directly place a firearm in, or retrieve it from, the trunk

 or rear area of the vehicle;

 

    (4) persons who keep or store in a motor vehicle pistols in

 accordance with section 624.714 or 624.715 or other firearms in

 accordance with section 97B.045;

 

    (5) firearm safety or marksmanship courses or activities

 conducted on school property;

 

    (6) possession of dangerous weapons, BB guns, or replica

 firearms by a ceremonial color guard;

 

    (7) a gun or knife show held on school property;

 

    (8) possession of dangerous weapons, BB guns, or replica

 firearms with written permission of the principal or other

 person having general control and supervision of the school or

 the director of a child care center; or

 

    (9) persons who are on unimproved property owned or leased

 by a child care center, school, or school district unless the

 person knows that a student is currently present on the land for

 a school-related activity.

 

    (f) Notwithstanding section 471.634, a school district or

 other entity composed exclusively of school districts may not

 regulate firearms, ammunition, or their respective components,

 when possessed or carried by nonstudents or nonemployees, in a

 manner that is inconsistent with this subdivision.

 

    Subd. 1e.    Felony; drive-by shooting.  (a) Whoever,

 while in or having just exited from a motor vehicle, recklessly

 discharges a firearm at or toward another motor vehicle or a

 building is guilty of a felony and may be sentenced to

 imprisonment for not more than three years or to payment of a

 fine of not more than $6,000, or both. 

 

    (b) Any person who violates this subdivision by firing at

 or toward a person, or an occupied building or motor vehicle,

 may be sentenced to imprisonment for not more than ten years or

 to payment of a fine of not more than $20,000, or both.

 

    (c) For purposes of this subdivision, "motor vehicle" has

 the meaning given in section 609.52, subdivision 1, and

 "building" has the meaning given in section 609.581, subdivision

 2.

 

    Subd. 1f.    Gross misdemeanor; transferring a firearm

 without background check.  A person, other than a federally

 licensed firearms dealer, who transfers a pistol or

 semiautomatic military-style assault weapon to another without

 complying with the transfer requirements of section 624.7132, is

 guilty of a gross misdemeanor if the transferee possesses or

 uses the weapon within one year after the transfer in

 furtherance of a felony crime of violence, and if:

 

    (1) the transferee was prohibited from possessing the

 weapon under section 624.713 at the time of the transfer; or

 

    (2) it was reasonably foreseeable at the time of the

 transfer that the transferee was likely to use or possess the

 weapon in furtherance of a felony crime of violence.

 

    Subd. 1g.    Felony; possession in courthouse or certain

 state buildings.  (a) A person who commits either of the

 following acts is guilty of a felony and may be sentenced to

 imprisonment for not more than five years or to payment of a

 fine of not more than $10,000, or both:

 

    (1) possesses a dangerous weapon, ammunition, or explosives

 within any courthouse complex; or

 

    (2) possesses a dangerous weapon, ammunition, or explosives

 in any state building within the Capitol Area described in

 chapter 15B, other than the National Guard Armory.

 

    (b) Unless a person is otherwise prohibited or restricted

 by other law to possess a dangerous weapon, this subdivision

 does not apply to:

 

    (1) licensed peace officers or military personnel who are

 performing official duties;

 

    (2) persons who carry pistols according to the terms of a

 permit issued under section 624.714 and who so notify the

 sheriff or the commissioner of public safety, as appropriate;

 

    (3) persons who possess dangerous weapons for the purpose

 of display as demonstrative evidence during testimony at a trial

 or hearing or exhibition in compliance with advance notice and

 safety guidelines set by the sheriff or the commissioner of

 public safety; or

 

    (4) persons who possess dangerous weapons in a courthouse

 complex with the express consent of the county sheriff or who

 possess dangerous weapons in a state building with the express

 consent of the commissioner of public safety.

 

    Subd. 1h.    Silencers; authorized for law enforcement and

 wildlife control purposes.  (a) Notwithstanding subdivision

 1a, paragraph (a), clause (1), licensed peace officers may use

 devices designed to silence or muffle the discharge of a firearm

 for tactical emergency response operations.  Tactical emergency

 response operations include execution of high risk search and

 arrest warrants, incidents of terrorism, hostage rescue, and any

 other tactical deployments involving high risk circumstances. 

 The chief law enforcement officer of a law enforcement agency

 that has the need to use silencing devices must establish and

 enforce a written policy governing the use of the devices.

 

    (b) Notwithstanding subdivision 1a, paragraph (a), clause

 (1), until July 1, 2011, an enforcement officer, as defined in

 section 97A.015, subdivision 18, a wildlife area manager, an

 employee designated under section 84.0835, or a person acting

 under contract with the commissioner of natural resources, at

 specific times and locations that are authorized by the

 commissioner of natural resources may use devices designed to

 silence or muffle the discharge of a firearm for wildlife

 control operations that require stealth.  If the commissioner

 determines that the use of silencing devices is necessary under

 this paragraph, the commissioner must:

 

    (1) establish and enforce a written policy governing the

 use, possession, and transportation of the devices;

 

    (2) limit the number of the silencing devices maintained by

 the Department of Natural Resources to no more than ten; and

 

    (3) keep direct custody and control of the devices when the

 devices are not specifically authorized for use.

 

    Subd. 2.    Exceptions.  Nothing in this section

 prohibits the possession of the articles mentioned by museums or

 collectors of art or for other lawful purposes of public

 exhibition. 

 

    HIST: 1963 c 753 art 1 s 609.66; 1971 c 23 s 66; 1983 c 359 s

 89; 1986 c 444; 1990 c 439 s 3,4; 1991 c 279 s 33; 1993 c 326

 art 1 s 15-17; 1994 c 576 s 49; 1994 c 636 art 3 s 18-21; 1995 c

 186 s 101; 1996 c 408 art 4 s 10; 1998 c 367 art 2 s 22; 2003 c

 17 s 2; 2003 c 28 art 2 s 2; 1Sp2003 c 2 art 8 s 10,11; 2004 c

 228 art 1 s 72; 2005 c 83 s 1,2; 2005 c 102 s 2

 

Copyright 2005 by the Office of Revisor of Statutes, State of Minne

609.662 Shooting victim; duty to render aid.

 

    Subdivision 1.    Definition.  As used in this section,

 "reasonable assistance" means aid appropriate to the

 circumstances, and includes obtaining or attempting to obtain

 assistance from a conservation or law enforcement officer, or

 from medical personnel.

 

    Subd. 2.    Duty to render aid.  (a) A person who

 discharges a firearm and knows or has reason to know that the

 discharge has caused bodily harm to another person, shall:

 

    (1) immediately investigate the extent of the person's

 injuries; and

 

    (2) render immediate reasonable assistance to the injured

 person.

 

    (b) A person who violates this subdivision is guilty of a

 crime and may be sentenced as follows:

 

    (1) if the injured person suffered death or great bodily

 harm as a result of the discharge, to imprisonment for not more

 than two years or to payment of a fine of not more than $4,000,

 or both;

 

    (2) if the injured person suffered substantial bodily harm

 as a result of the discharge, to imprisonment for not more than

 one year and one day or to payment of a fine of not more than

 $3,000, or both;

 

    (3) otherwise, to imprisonment for not more than one year

 or to payment of a fine of not more than $3,000, or both.

 

    (c) Notwithstanding section 609.035 or 609.04, a

 prosecution for or conviction under this subdivision is not a

 bar to conviction of or punishment for any other crime committed

 by the defendant as part of the same conduct.

 

    Subd. 3.    Duty of witness.  (a) A person who witnesses

 the discharge of a firearm and knows or has reason to know that

 the discharge caused bodily harm to a person shall:

 

    (1) immediately investigate the extent of the injuries; and

 

    (2) render immediate reasonable assistance to the injured

 person.

 

    (b) A person who violates this subdivision is guilty of a

 crime and may be sentenced as follows:

 

    (1) if the defendant was a companion of the person who

 discharged the firearm at the time of the discharge, to

 imprisonment for not more than one year or to payment of a fine

 of not more than $3,000, or both;

 

    (2) otherwise, to imprisonment for not more than 90 days or

 to payment of a fine of not more than $1,000, or both. 

 

    Subd. 4.    Defense.  It is an affirmative defense to a

 charge under this section if the defendant proves by a

 preponderance of the evidence that the defendant failed to

 investigate or render assistance as required under this section

 because the defendant reasonably perceived that these actions

 could not be taken without a significant risk of bodily harm to

 the defendant or others.

 

    Subd. 5. Repealed, 1994 c 623 art 5 s 3

 

    HIST: 1991 c 243 s 2; 2004 c 228 art 1 s 72

 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.

609.224 Assault in the fifth degree.

 

    Subdivision 1.    Misdemeanor.  Whoever does any of the

 following commits an assault and is guilty of a misdemeanor: 

 

    (1) commits an act with intent to cause fear in another of

 immediate bodily harm or death; or

 

    (2) intentionally inflicts or attempts to inflict bodily

 harm upon another. 

 

    Subd. 2.    Gross misdemeanor.  (a) Whoever violates the

 provisions of subdivision 1 against the same victim during the

 time period between a previous qualified domestic

 violence-related offense conviction or adjudication of

 delinquency and the end of the five years following discharge

 from sentence or disposition for that offense, is guilty of a

 gross misdemeanor and may be sentenced to imprisonment for not

 more than one year or to payment of a fine of not more than

 $3,000, or both. 

 

    (b) Whoever violates the provisions of subdivision 1 within

 two years of a previous qualified domestic violence-related

 offense conviction or adjudication of delinquency is guilty of a

 gross misdemeanor and may be sentenced to imprisonment for not

 more than one year or to payment of a fine of not more than

 $3,000, or both.

 

    (c) A caregiver, as defined in section 609.232, who is an

 individual and who violates the provisions of subdivision 1

 against a vulnerable adult, as defined in section 609.232, is

 guilty of a gross misdemeanor and may be sentenced to

 imprisonment for not more than one year or to payment of a fine

 of not more than $3,000, or both.

 

    Subd. 3.    Firearms.  (a) When a person is convicted of

 a violation of this section or section 609.221, 609.222, or

 609.223, the court shall determine and make written findings on

 the record as to whether:

 

    (1) the defendant owns or possesses a firearm; and

 

    (2) the firearm was used in any way during the commission

 of the assault.

 

    (b) Except as otherwise provided in section 609.2242,

 subdivision 3, paragraph (c), a person is not entitled to

 possess a pistol if the person has been convicted after August

 1, 1992, of assault in the fifth degree if the offense was

 committed within three years of a previous conviction under

 sections 609.221 to 609.224, unless three years have elapsed

 from the date of conviction and, during that time, the person

 has not been convicted of any other violation of section

 609.224.  Property rights may not be abated but access may be

 restricted by the courts.  A person who possesses a pistol in

 violation of this paragraph is guilty of a gross misdemeanor.

 

    Subd. 4.    Felony.  (a) Whoever violates the provisions

 of subdivision 1 against the same victim during the time period

 between the first of any combination of two or more previous

 qualified domestic violence-related offense convictions or

 adjudications of delinquency and the end of the five years

 following discharge from sentence or disposition for that

 offense is guilty of a felony and may be sentenced to

 imprisonment for not more than five years or payment of a fine

 of not more than $10,000, or both.

 

    (b) Whoever violates the provisions of subdivision 1 within

 three years of the first of any combination of two or more

 previous qualified domestic violence-related offense convictions

 or adjudications of delinquency is guilty of a felony and may be

 sentenced to imprisonment for not more than five years or to

 payment of a fine of not more than $10,000, or both.

 

    HIST: 1979 c 258 s 7; 1983 c 169 s 2; 1985 c 159 s 1; 1987 c

 329 s 7; 1992 c 537 s 1,2; 1992 c 571 art 6 s 13; 1993 c 326 art

 2 s 11,12; 1Sp1993 c 5 s 2,3; 1994 c 636 art 3 s 10; 1995 c 229

 art 2 s 1; 1995 c 259 art 3 s 13,14; 1996 c 408 art 3 s 21,22;

 2000 c 437 s 6,7; 1Sp2001 c 8 art 10 s 8,9

 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.

 

 
 
Guns and Firearm Transportation

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Gardner's Comment on 624.7181:
This statute allows the holder of a MN handgun permit to carry a long gun in public.
Just don't do it.  Stick to handguns.  Don't jeopardize our permit law.  If you do,
 also carry a copy of the statute below for the arresting DNR or Peace Officer.  
Sec 624.714 is the permit above.  See Sec 97B.045 that follows 624.7181 below.

 

624.7181 Rifles and shotguns in public places.

Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them.

(a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter.

(b) "Carry" does not include:

(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;

(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;

(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714;

(4) the carrying of an antique firearm as a curiosity or for its historical significance or value; or

(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.

(c) "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.

Subd. 2. Penalties. Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or about the person in a public place is guilty of a felony.

Subd. 3. Exceptions. This section does not apply to officers, employees, or agents of law enforcement agencies or the armed forces of this state or the United States, or private detectives or protective agents, to the extent that these persons are authorized by law to carry firearms and are acting in the scope of their official duties.

HIST: 1993 c 326 art 1 s 34; 1994 c 576 s 58; 1994 c 636 art 3 s 42

Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.

 
 
Gardner's comment on 97B.045:
Here only handguns may be carried or transported openly in motor vehicles.
Unload all long guns in a vehicle, and either case them or put them in the trunk.
 

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.

Subd. 2. Exception for disabled persons. The restrictions in subdivision 1 do not apply to a disabled person if:

(1) the person possesses a permit under section 97B.055, subdivision 3;

(2) the person is participating in a hunt sponsored by a nonprofit organization under a permit from the commissioner or is hunting on property owned or leased by the person; and

(3) the firearm is not loaded in the chamber until the vehicle is stationary, or is a hinge action firearm with the action open until the vehicle is stationary.

HIST: 1986 c 386 art 2 s 10; 1993 c 269 s 12

Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.

 

Interstate transportation of firearms

From the US Code TITLE 18 > PART I > CHAPTER 44 § 926A.  Release date: 2004-08-06

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

Although it appears that the Federal Code cited above supercedes and pre-empts stricter state or local law,  there are states and municipalities that ignore it by arresting and jailing anyone caught with a firearm.  Some examples of this violation have been reported in New York, New Jersey, Massachusetts, and Maryland.   It would be prudent to avoid traveling through, or stopping in these states while lawfully transporting a firearm.

 

Karen MacNutt,  Contributing Editor of Guns And Women, writes about travelling through these and other states.

 
 TSA Guidlines for Transporting Firearms on Aircraft

From Susan Baldwin, Special Agent (Ret.), TSA/DHS & AZ CCW Instructor

    Greeting CCW Firearms Instructors.

    To ensure your students FULLY understand federal regulations of the "Carriage of weapons, explosives, and incendiaries by individuals; I’m providing you with the following information. We are only talking about firearms issues here.

    1. FEDERAL AIRPORT CHECKPOINTS: For the average, normal passenger you are NOT authorized to bring / have any part of a firearm / ammunition past the checkpoint or onboard the aircraft.

    2. If you bring any part of a firearm or ammunition into / through the checkpoint, you are subject to a federal civil fine. Up to $11,000.00.

    3. You could be arrested on State charges. This depends on which State you are departing from. If you have artfully concealed any part of a firearm or ammunition, you will be arrested, and federal criminal and civil charges brought against you.

    4. Your firearm, etc. will be retained as evidence, and may be released after all civil / criminal issues are complete.

    5. LEOSA (HR 218) DOES NOT allow Law Enforcement Officers (active or retired) to carry firearms on-board aircraft.

    6. Each air carrier can require you to follow their guidelines / policies. Example: Widget Airlines can tell you they want ammunition in the original box, nothing else will do. It is their aircraft. If you want to take your ammo on their airplane, you must follow their policy.

    7. When declaring a firearm in your checked (not carry-on) bag, ENSURE the air carrier acknowledges you, and places a declaration "form" in your checked bag. This is the passenger’s responsibility.

    8. UNLOADED means: Chamber completely empty. Cylinders completely empty. Magazine well completely empty. An empty magazine in the magazine well is considered loaded.

    Below is the current federal regulations pertaining to the topic. As you know, the "law" is black and white. How is it applied is all shades of grey.

    Should you have any questions, further information is available at the TSA and FAA websites: TSA and FAA.

    49 CFR Part 1540.111 Carriage of weapons, explosives, and incendiaries by individuals.

    (c) In checked baggage. A passenger may not transport or offer for transport in checked baggage:

    (1) Any loaded firearm(s).

    (2) Any unloaded firearm(s) unless—

    (i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded;

    (ii) The firearm is unloaded;

    (iii) The firearm is carried in a hardsided container; and

    (iv) The container in which it is carried is locked, and only the passenger retains the key or combination.

    (3) Any unauthorized explosive or incendiary.

    (d) Ammunition. This section does not prohibit the carriage of ammunition in checked baggage or in the same container as a firearm. Title 49 CFR part 175 provides additional requirements governing carriage of ammunition on aircraft. Title 49 CFR Part 175.10 (4)(v)(5) Small-arms ammunition for personal use carried by a crewmember or passenger in his baggage (excluding carry-on baggage) if securely packed in fiber, wood or metal boxes, or other packagings specifically designed to carry small amounts of ammunition.

    (iv) The aggregate quantity of hazardous materials carried by the person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid ounces) by volume and the capacity of each container may not exceed 0.5 kg (18 ounces) by mass or 470 mL (16 fluid ounces) by volume.

    NOTE:  UNDERSTAND, each air carrier can dictate (but not exceed TSA/FAA regulations) HOW and WHAT they will allow on their aircraft.

    Happy Shooting!

    Susan Baldwin

    Special Agent (RET.)

    Sr. Inspector, DHS/TSA

    Law Enforcement Section

    Phoenix, Arizona

Here is a link to the TSA Public Education Fact Sheet on Airline Transportation
 

Airline travel articles 

http://www.tsa.gov/travelers/airtravel/assistant/editorial_1188.shtm 

 

http://www.nraila.org/gun-laws/articles/2003/airline-transportation-of-firearms.aspx

 

Here is a resource of links to the airlines for their policies.

 
John Farnum, a well respected instructor who travels by air, has these comments.

Flying with guns:

Many have asked me about flying with guns via commercial airlines.  They want to be armed after they arrive at their destination.

I do it a lot!  Yes, tin helps, but not as much as you might think.  Neither airline clerks, nor TSA employees, have any particular regard for local, peon police officers.

Here are my recommendations:

Most of us know that guns must be unloaded and packed in a hard case that is individually locked, in order to satisfy TSA regulations for air-transport in checked baggage.  The hard, plastic case that your pistol came in will probably suffice, as most are now lockable.  Trigger locks are not required, nor are they recommended.

Pistols locked in the box need to be unloaded (no round chambered), dry-fired, and with magazines removed and placed elsewhere in your luggage.  Even empty magazines, when inserted into unloaded pistols, have been known to “confuse” TSA inspectors.  And, when you’re in a place where high-capacity magazines may be an issue, removing them from pistols and putting them elsewhere in your luggage is a good idea.  TSA may look at your guns.  They rarely look at magazines.  TSA doesn’t care about state and local restrictions, but when local police become involved, problems could develop.  Best that you not attract their attention!

SIG makes a superior air-transport box, and it is the one I use, no matter what pistols I’m traveling with.  It can be locked so that it cannot even be opened a crack without first undoing the locks.  To lock it up, I use cable locks that now come with most new guns.  SIG’s shipping container is compact, yet big enough to hold two pistols in foam-padded comfort.  I don’t recommend traveling with just one gun.  Guns break unexpectedly sometimes, and, when they do, you’ll be glad you have two!

The locked box then goes inside your ordinary-looking luggage, so there is no external suggestion that there are guns inside.  Your luggage should then also be locked.  Best locks to use are “TSA locks” to which TSA has access via special keys.  Using them makes it unnecessary for TSA to cut locks off your luggage, which they will do without much ceremony!

I usually travel with three, twenty-round boxes of high-performance pistol ammunition.  Unlike guns, it does not need to be in a locked box.   Ammunition in factory (cardboard or plastic) boxes (so long as cartridges are individually contained) works just fine.  Quantity is supposedly restricted, usually by weight, so there is a limit, but sixty rounds is no problem.  Ammunition may also be transported in charged pistol and rifle magazines, so long as the top, exposed round is covered.  I transport charged magazines (both pistol and rifle) fully inserted in their Comp-Tac belt carriers and then tucked into a padded case.

Every airport is different!  After declaration, sometimes the airline clerk wants to see your guns.  However, they mostly have no interest and just ask you to sign the tag, put it in your luggage, and then send you to off  TSA.

Sometimes, they want the tag inside the gun-box itself.  Most of the time, they don’t care where you put it!  TSA will then x-ray your luggage  and may want to physically look inside the gun box itself.

When flying with a large carrier, like United, it is best to go to the “Odd-Size” luggage counter.  The folks there are used to checking guns.  When “declaring,” I matter-of-factly (but softly) say, “I have unloaded guns in my checked baggage.”  In airports like DIA, where they do it a lot, it is no particular event.  In airports like Newark, JFK, et al,  reaction may be more animated.  Folding knives and sheath-knives (secured in sheaths), expandable batons, saps, etc are best put in a padded gun-rag,  inside checked luggage.  No need to mention them.

When dealing with TSA, and bureaucrats in general, the secret is,  “Don’t-fail-the-attitude-test!”  You will come out on the losing end of any power struggle, so don’t even go there!  So long as you’re civil, non-threatening, and refrain from whining, TSA folks will actually try to help you.  However, don’t be chatty, and don’t answer questions that weren’t asked.  Be polite, but exceedingly boring.  Be clean, reasonably well-groomed, and have an otherwise “normal” appearance.  They’ll quickly lose interest in you!  “
Standing-out,” for any reason, is the last thing you want to do when traveling!

You won’t be able to carry guns nor ammunition onto the passenger area of the plane, of course, but there are other useful items you might want in your carry-on bag:

A small flashlight.  I travel with my Firstlight Tomahawk all the time, also my Blackhawk Gladius, and various Surefires.  Sharing space in my carry-on, I have an electric toothbrush and an electric shaver.  When my bags don’t make it to my destination, I can at least shave and brush my teeth!  TSA has never expressed concern with, nor interest in, any of the above.

When flying, I wear steel-toed safety boots.  They are formidable weapons!

With a single kick, I can effortlessly break a shin or an ankle, essentially immobilizing my opponent, all with no risk to my own foot.   Nevertheless, my boots have been x-rayed hundreds of times, and TSA thinks they’re just fine!  My Cold Steel City Stick also travels with me, and it, too, has been x-rayed more time than I can count.  No prescription is needed for a cane.  I also have a Cold-Steel Sharkie in my carry-on, along with an ST ActionPro Talon.  Both have been with me on dozens of flights, and, since there is no metal in either, TSA has never even looked at them.

My concern is, of course, being able to effectively defend myself between when the plane arrives and when I can get into my luggage and re-arm myself.  Airport parking lots, at night, are fraught with danger!   Mugging suspects like them, because they believe all their potential victims there are unarmed.  It’s a lot safer than mugging people downtown!

Columbia makes an upscale 36-inch “Wheeled-Duffel” that is perfect for transporting rifles.  An M4 with the stock telescoped all the way in, and nearly any folding-stock military rifle with the stock folded, can be accommodated.  The rifle is locked inside a 32-inch hard case, and the case then goes inside the duffel.  In addition, I carry a soft-fabric viola case for low-profile rifle transport after I arrive at my destination and subsequently need to go about without the hard case.

The foregoing applies to domestic air-travel.  Flying internationally is a different subject.  When I travel overseas, my local friends see that I am well-armed after I arrive.  Accordingly, I don’t transport guns on international flights.

There is, of course, a risk that checked baggage will be pilfered or lost.  It has surely happened.  You can purchase insurance for the trip, but I usually don’t bother, as it takes a lot of time, and such risks are something that, in the end, we all have to accept.

I usually arrive at the airport a minimum of two hours before flight-time.  With that buffer, I’ve never been rushed.

After 9/11, I made a change in my personal philosophy.  I decided that I’m not going to travel without a rifle!  I’ve always traveled with pistols, but I’m now concerned about being stranded in a strange place with only pistols for personal protection.

When you fly with guns, the System will grudgingly accommodate you.  You just have to do the best you can to make it work.  Of course, there are risks inherent to traveling with guns.  On the other hand, there are risks associated with traveling without guns too!

 

 Here are some comments from other travelers with guns.

Use non TSA locks for the gun case, and put spare locks (and a key) in a baggie inside the gun case with a note to re-lock with these if original locks are cut off for inspection. Run a heavy tie wrap through the ejection port and barrel then let the slide down onto it.

Put the lockable hard-sided case with the weapon into a cheap, non-descript bag with a TSA lock and clear labeling outside and inside for checking in.

If possible, develop a way to attach - in a lockable way - the hard-sided case to the piece of luggage it has been placed into.  Keep keys to all the locks with you at all times.

 

Ammo MUST be in original boxes (plastic reload boxes work) separate from the gun case.  Don't put snap caps in with your ammo.

 

The labeling should be limited to Your Name, Your Cell Phone (if you have one) or your home phone, Your personal email address (if you have one.) NO ADDRESSES, JOB TITLES, ORGANIZATIONS SHOULD BE INDICATED.

 

ALWAYS,ALWAYS, ALWAYS check the baggage tag that goes on your gun case for your name and destination. Demand to see it especially if they try to slip it out of reach before you can look. It is a favorite trick of anti gun baggage checkers to send your gun case to the other side of the universe.

Have the rules for the airline in hand when you check this non-descript bag at the airport.

Have the serial number(s) and descriptions of your weapons on you, so if they "disappear" you can report the loss/theft immediately to the airline, FAA Regional Office, and ATF Regional Office.

Check Handgunlaw.us to determine If you can possess the weapon at all your stops, where and how you can carry at all your stops, and what are the deadly force rules in each state you are visiting.

Look up the airline website you are flying and print out follow their instructions. Check with your insurance company to make sure they cover the gun as personal property away from home

TSA will attach an orange tag to the outside of the gun case if the gun case is inside another piece of luggage.  They will also stick an orange dot to the outside piece luggage tag.

 

If the plane has to land unexpectedly in a state you are not permitted to carry. DO NOT TAKE POSSESSION OF YOUR BAG!!!. Get in touch with airport police and explain that you are not permitted to carry in this state and how can you arrange for the safe keeping overnight of your firearm. Or Have a copy of the Don Young Transportation Letter on hand.  This covers changing modes of travel - car to plane to car - in a single journey.

 

609.666 Negligent storage of firearms.

Subdivision 1. Definitions. For purposes of this section, the following words have the meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion.

(b) "Child" means a person under the age of 18 years.

(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the magazine is in the firearm, unless the firearm is incapable of being fired by a child who is likely to gain access to the firearm.

Subd. 2. Access to firearms. A person is guilty of a gross misdemeanor who negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access, unless reasonable action is taken to secure the firearm against access by the child.

Subd. 3. Limitations. Subdivision 2 does not apply to a child's access to firearms that was obtained as a result of an unlawful entry.

HIST: 1993 c 326 art 1 s 18; 1996 c 408 art 4 s 11

Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.

 
Definitions from 609.02

Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for more than one year may be imposed.

Subd. 2a. Repealed, 1999 c 194 s 11

Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.

Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000.

Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.

Subd. 6. Dangerous weapon. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.

Subd. 8. Great bodily harm. "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

 

Click on These Other Statutes of Interest:

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Anatomy Tactics Drills - MN Application - MN Relevant Laws - UT Application - Q&A's - Quotes - Late Breaking News

Use of Force  -  Limitation on the Use of Deadly Force  -  2005 MCPPA  -  Guns and Transportation  -  Other Statutes

 

97B.015 Firearms safety and wildlife identification course.

97B.020 Firearms safety certificate required  (This is for hunting if you are born after 12/31/1979.)

97B.021 Possession of firearms by persons under age 16.

97B.031 Use and possession of firearms.

97B.041 Possession of firearms and ammunition restricted in deer zones.

97B.055 Discharging firearms and bows and arrows.

609.224 Assault in the fifth degree.  (Any act with intent to cause fear in another of immediate bodily harm or death)

609.66 Dangerous weapons.   (This covers knives, ammunition, and firearms in courthouses, capitol buildings, and schools.)

609.662 Shooting victim; duty to render aid.   (Permit holders keep this in mind.  Will calling 911 for an ambulance be enough?))

609.605 Trespass.

609.661 Penalty for set guns; swivel guns.

609.666 Negligent storage of firearms.

609.667 Firearms; removal or alteration of serial number.

609.67 Machine guns and short-barreled shotguns.

624.61 Armed association.

624.71 Gun control, application of federal law.

624.713 Certain persons not to have pistols or semiautomatic military-style assault weapons

624.7131 Transferee permit  (The permit to carry supercedes this when you buy a handgun.)

624.7132 Report of transfer

624.714 Carrying of weapons  (The 2003 MCPPA that was ruled unconstitutional. See the very similar new law above.)

624.7141 Transfer to ineligible person.

624.7142 Carrying while under the influence of alcohol  (Please do not drink or take medication while you carry.)

624.7143  Mandatory chemical testing

624.715 Exemptions; antiques and ornaments.

624.717 Local regulation.

624.731 Tear gas and tear gas compounds; electronic incapacitation devices.

624.74 Metal-penetrating bullets.

 

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