Definition of a loaded Gun in MN

This is a discussion on Definition of a loaded Gun in MN within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Can anyone give me some assistance in locating what the definition of a loaded gun is in MN. I currently have a 1911 in a ...

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Thread: Definition of a loaded Gun in MN

  1. #1
    Member Array stgdz's Avatar
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    Definition of a loaded Gun in MN

    Can anyone give me some assistance in locating what the definition of a loaded gun is in MN. I currently have a 1911 in a safe in my car with the mags in the glove compartment.

    I used to have the mags and the gun in the safe, not loaded and not in the chamber as I figured that would be considered a loaded gun. I have heard from two different people, one stating that the gun+mags in the safe is considered loaded and other saying its not loaded, but I haven't been able to find much information on this.

    The safe is locked and I only have keys to it. The wife doesn't have a CCW yet and we sometimes lend out the truck.

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  3. #2
    Member Array BWillis57's Avatar
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    In Minnesota a gun is considered loaded even if the magazines are seperate from the gun and loaded.

    The firearm needs to be in a case, and in the furthest enclosed area from the driver (trunk if it's a car, Cargo area of an SUV, back seat of a pickup) and magazines can not be loaded. Of course if you have a Permit to Carry, the you can store it however you want.

    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.

    624.714 is the Permit to Carry Law, 624.715 makes exceptions for C&R guns.

    Just from a liability perspective, I would probably take the gun out of the truck if you were going to loan it out.

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    VIP Member Array Janq's Avatar
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    Quote Originally Posted by BWillis57 View Post
    ...Just from a liability perspective, I would probably take the gun out of the truck if you were going to loan it out.
    This should be common sense, but then 'common sense' is a misnomer.

    Firearms as provided possession to persons not licensed/permitted, as within states that require a license/permit, by the owner of said firearm is and in many states of same will be considered a gun crime.
    Even as the gun is within a locked container, handing over _possession_ of the container to a third party does result in literal possession of the gun as within the container. Possession.

    If the wife is not licensed then either get her licensed, or secure your firearm properly which is _not_ long term storage in a motor vehicle.
    Not to do so exposes both you the owner personally as well as the _wife_ to potential legal issues and charges of unlicensed possession.

    Further why would one think it proper to loan out their vehicle as with a firearm stored within it?
    This makes no sense at all. Remove the firearm and long term store it properly as within your home/residence.
    Even if the person borrowing the vehicle does have a firearm license/permit.

    A motor vehicles lockable compartment be it a trunk, glovebox, or hard mounted 'safe' is a temporary and short term stowage point. it is not a long term mode of storage.
    Exception being a vehicle that is contained and securely locked as within ones own home or residential structure (e.g. locked garage, locked carriage house, locked barn, locked Bat Cave, etc.).

    $0.02 Street

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    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Member Array stgdz's Avatar
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    Thanks for the info, but now I have a different question.

    Since loaded mags = loaded gun how does this factor into parking on school property. The state allows me to store the weapon in the car when it is parked on school property but if I have mags in the car is the gun considered loaded?

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    Member Array chad2000's Avatar
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    Loaded or not in Mn.

    Called Mn. State Patrol re., carrying in car. They stated the weapon may be in passenger compartment but, in a lockedcontainer/compartment. Ammo must not be in with the weapon.
    You can get their phone #'s on the web. In Wisc. it cannot be in the passenger compartment. I'm stayung away from these states as much as possible and I certainly won't spend any money there!

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    Member Array ecrist's Avatar
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    Quote Originally Posted by BWillis57 View Post
    In Minnesota a gun is considered loaded even if the magazines are seperate from the gun and loaded.

    The firearm needs to be in a case, and in the furthest enclosed area from the driver (trunk if it's a car, Cargo area of an SUV, back seat of a pickup) and magazines can not be loaded. Of course if you have a Permit to Carry, the you can store it however you want.

    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.

    624.714 is the Permit to Carry Law, 624.715 makes exceptions for C&R guns.

    Just from a liability perspective, I would probably take the gun out of the truck if you were going to loan it out.
    This advice is incorrect. You can have your magazines loaded, and in the same case as your gun, as long as the magazine is not *in* the gun. A loaded magazine is not a gun, and thus, not a loaded gun. A loaded gun is a gun that has bullets in it. No magazine, no bullets.

    The gun, if in a case, can be in any part of the vehicle.

    The gun, if not in a case, must be in the trunk, or rear-most portion of the vehicle, unloaded, and inaccessible to the driver or passengers. I would not recommend carrying a pistol that was not in a case (barring a holster with a permit, of course).

    I often carried guns (pistols and long) with loaded magazines/clips, not in the weapon, within the same case. No LEO or DNR officer ever gave me grief.
    It is seldom that liberty of any kind is lost all at once. - David Hume

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    Member Array ecrist's Avatar
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    Quote Originally Posted by stgdz View Post
    Thanks for the info, but now I have a different question.

    Since loaded mags = loaded gun how does this factor into parking on school property. The state allows me to store the weapon in the car when it is parked on school property but if I have mags in the car is the gun considered loaded?
    Loaded mags != loaded gun. (Covered above.)

    You can store the gun in your car while on school property. If you have your permit, you are permitted to carry while in your vehicle, or to the extent of clearing the weapon and placing it in your trunk.
    It is seldom that liberty of any kind is lost all at once. - David Hume

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    VIP Member Array Janq's Avatar
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    Schools that are K-12 are covered under state as well as _federal_ laws when it comes to possession of firearms which generally includes ammunition but not magazines and other loading devices.

    Agreed with SSTGdZ, reference your state police and/or a WI state law expert for such finer point items.
    Always remember that in the eyes of the law ignorance, of the law, is neither a plea nor a recognized excuse.

    IMHO, park across the street near but off school property.
    That is precisely what I do when going to pickup my kid from school, with my sidearm temporarily stored as within the car to the letter of the law.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  10. #9
    Senior Member Array JohnK87's Avatar
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    The Federal law is preeempted by state statute for carry permits. You are perfectly legal if you have the loaded handgun in your car or carry it around to secure it in your trunk IF you have a permit. If you do not, don't park on or near the school.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  11. #10
    Member Array Grizcat68's Avatar
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    Changed MN gun case laws

    You may want to check out the MN DNR website, some laws have changed that allow unloaded uncased guns in the vehicle during transporting. It affects long guns, and also specifies that a magazine loaded outside of the gun, is not considered a loaded gun.

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