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I have a question about Minnesota Carry. Can you carry, without a CCW, outside the home if you stay on your own property?
I cant find the statue related to this
I cant find the statue related to this
Carry outside the home without a permit?
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YES and as far as I know it is legal on you residence whether U own or rent anywhere!Court: Carrying a gun in private yard not illegal | NewsCut | Minnesota Public Radio News
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2,174 Posts
I also believed that it would in fact be legal. So This question came to me because I live in an apartment. Hypothetically speaking, Could I carry, without a permit, in the hallways or about the property. To get the mail or walk the dog(if I had one). Not that I would test the waters but COULD I ?
I highlighted the most relavent in bright red.
https://www.revisor.mn.gov/statutes/?id=624.714
SAYS: 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.
PUBLIC PLACE DEFINED: Under 624.7181 "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.
On this definition it seems to me that I would be OK seeing as it IS a security building, ie not open to the public, and is my "dwelling house or premises". It is only open to the residents of the 100 apartments and their guests. On the other hand, 100 apartments worth of people and their quests make for a lot of foot traffic. ie sufficeint numbers. I wouldnt want to have to explain myself regardless.
I highlighted the most relavent in bright red.
https://www.revisor.mn.gov/statutes/?id=624.714
SAYS: 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.
PUBLIC PLACE DEFINED: Under 624.7181 "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.
On this definition it seems to me that I would be OK seeing as it IS a security building, ie not open to the public, and is my "dwelling house or premises". It is only open to the residents of the 100 apartments and their guests. On the other hand, 100 apartments worth of people and their quests make for a lot of foot traffic. ie sufficeint numbers. I wouldnt want to have to explain myself regardless.
Some of these laws are so ambiguous that it would have to be decided on an individual case in court!
If one lives in a duplex and has a yard and a mailbox one would think it is fine, but in many complexes the mailboxes are in a corner 100 yrds away and that is where I would wonder also some complexes are huge like public housing and there things are very ambiguous and I would think not.
In public housing it used to be illegal to own any guns but that also changed everywhere.
Also many complexes have recreation areas in certain spots but I would think it would be illegal, the best way to get an answer to YOURE specific situation I would contact the State Atty. general. In the areas you high-lighted it excludes "a person house/dwelling or premises" However does not say what the definition of Premises is, in most cases I would think it means the area of the apt. itself and not outside unless one living in a duplex where u are responsible for the yard.
Some of our public housing complexes are huge and there are shootings daily etc.. and surely these people living there who can legally own guns cant carry all around the complex despite some gang-bangers also living there.
In your quoted article also says does not include Gun shows, however I don't know of any state where one can any gun even unloaded or ammo unless it is to sell the gun and then it will have to get zip-tied before you enter, so again extremely ambiguous!
I don't think even a lawyer could not answer this 100% for sure and I would not trust it!
In my state TN. many cities forbid all guns in their parks and if caught u will be arrested but if u carry in a business all they can do is ask u to leave and if u don't call the police and they will ask u to leave and then if u don't an arrest follows.
QUOTE!
thelawdictionary.org/premises-2
Definition of PREMISES: Any building/ facility/ house which is surrounded by a wall or fence!
Even the above is ambiguous but I interpret it to mean only inside the apt but can also include a yard!
Disclaimer:
I am not an ATTY. nor do I play one on TV and the last time I took my own Legal advice it ended very badly for me!
If one lives in a duplex and has a yard and a mailbox one would think it is fine, but in many complexes the mailboxes are in a corner 100 yrds away and that is where I would wonder also some complexes are huge like public housing and there things are very ambiguous and I would think not.
In public housing it used to be illegal to own any guns but that also changed everywhere.
Also many complexes have recreation areas in certain spots but I would think it would be illegal, the best way to get an answer to YOURE specific situation I would contact the State Atty. general. In the areas you high-lighted it excludes "a person house/dwelling or premises" However does not say what the definition of Premises is, in most cases I would think it means the area of the apt. itself and not outside unless one living in a duplex where u are responsible for the yard.
Some of our public housing complexes are huge and there are shootings daily etc.. and surely these people living there who can legally own guns cant carry all around the complex despite some gang-bangers also living there.
In your quoted article also says does not include Gun shows, however I don't know of any state where one can any gun even unloaded or ammo unless it is to sell the gun and then it will have to get zip-tied before you enter, so again extremely ambiguous!
I don't think even a lawyer could not answer this 100% for sure and I would not trust it!
In my state TN. many cities forbid all guns in their parks and if caught u will be arrested but if u carry in a business all they can do is ask u to leave and if u don't call the police and they will ask u to leave and then if u don't an arrest follows.
QUOTE!
thelawdictionary.org/premises-2
Definition of PREMISES: Any building/ facility/ house which is surrounded by a wall or fence!
Even the above is ambiguous but I interpret it to mean only inside the apt but can also include a yard!
Disclaimer:
I am not an ATTY. nor do I play one on TV and the last time I took my own Legal advice it ended very badly for me!
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