QUICK NOTES

CARRYING ON PRIVATE PROPERTY OPEN TO THE PUBLIC IN MINNESOTA

EXERPT FROM STATUTE

624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.

SUB DIV 17

(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.

(g) 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.

Notes and Comments:

· This allows a private property open to the publicto have a policy that guns not be brought into the property while protecting persons carrying a gun. 

· It describes when law enforcement can be brought in by the property to assist in enforcing the policy.

· The property needs to make a reasonable request informing the person carrying there is a policy that guns are not allowed on the property. The property also needs to verbally request the person carrying to leave the property to comply with the request.

· If the person complies, the property cannot interfere with the subject complying with the request to leave.

· Failure to comply allows the property to bring in law enforcement.

· Law enforcement is likely going to respond by contacting the person reporting before speaking with the person violating the building policy. The issues are: they have a policy banning guns, they have informed the subject (“ban gun” sign or verbally), they have requested the subject to comply, and the person is still on the property. The officer is then going to speak with the subject. 

· The person carrying could be subject to a misdemeanor citation for failing to leave when requested.

The statute states that this is the only way a private property copen to the public can enforce a “ban gun” policy but it also states the trespass statute still applies. If you have received a citation from law enforcement for “failure to leave” you likely no longer have “claim of right” to be present on that property. No “claim of right” could allow the property to use the trespass statute (MN 609.605). The trespass statute allows the opportunity to leave if accused of trespass, but failure could leave you subject to arrest for trespass.

Private Property “gun bans” described in the statute

Do not apply to private residence.

Do not apply to landlords, do apply to tenants.

Do not apply to law enforcement or working security officers 

Do not apply to parking facilities 

QUICK NOTES 

CARRYING IN MINNESOTA (QUICK LIST)

Please do not consider this to be Legal Advice. Legal advice is something that you pay an attorney to provide. If you are carrying a gun, YOU are responsible for following the laws, regulations and rules concerning carrying a handgun. Not knowing or not understanding will create a problem for you that you cannot blame on another. Please Stay Safe.

Safety

• Before even talking about safety the most important rule is: Always maintain control of your gun
• Your holsters, belts, lock boxes, gun safes are always about maintaining control
• Always having control keeps you safe and keeps others safe
• Choosing a less control option is always choosing to be less safe

It’s about safety

• Your choice to carry a gun is choosing to be safer
• When you compromise basic gun safety rules, even a little, you’re making it less safe for you and those around you
• Carrying a gun is about being prepared to safely protect yourself or others.

A defensive gun use is low frequency, high consequence event

• You or a friend could be hurt or you could hurt someone else
• You could save your life or the life of another

Don’ts

• You don’t carry a gun to threaten or coerce others
• You don’t carry a gun to show off or to be cool

Rules

• Use of lethal force is a low frequency-high consequence proposition. Most of the time you don’t need your gun. But you don’t know when you do. You likely can exist without going places where it is not legal to possess a gun

Learning

• Some people are just arrogant enough think they know everything. Been doing it for a long time, can’t teach an old dog new tricks, etc. Maybe they think that the subject isn’t important.
• Others just don’t learn well. In training many just miss things. An instructor who thinks everything taught is everything learned is grossly overestimating his ability.  
• Others many times hear things different than what was meant by the speaker.

Minnesota Rules. Not all inclusive and certainly subject to change or interpretation.

• You need a permit to carry a gun in public or private places open to the public. A permit is needed to carry, hold, or possess a pistol or hand gun 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 including private property open to the public. (see MN statute 624.714; Subd 1a)
• Permits to Carry expire in five years. You can apply to renew your permit 90 days before your permit expires in the same manner that you applied for your permit. Your new permit when issued will have an expiration date five years from your old expiration date. The application process, training requirement and authority to issue are the same for renewing a permit as for applying for a new permit. . (see MN statute 624.714; Subd 2a)
• When carrying you are required to have your permit and a government issued picture ID n your possession when carrying. . (see MN statute 624.714; Subd 1b)
• Generally, you are allowed to safely store your gun in your car in parking facilities including public parking, employee parking, retail parking, schools, daycare, colleges or trade schools. Owners and operators of parking facilities are not allowed to have policies that prohibit safe storage in parking facilities. . (see MN statute 624.714; Subd 17; (C); Subd 18 ( C ) or MN statute 609.66; Subd 1d; (f)(3))

Schools or Daycare 

• Guns are not allowed in K-12 schools (public or private) in the building as well as the improved property around a school. . (see MN statute 609.66; Subd 1d)
• Guns are not allowed in any vehicle while used to transport students for student activities . (see MN statute 609.66; Subd 1d,4 iii)
• Guns are not allowed in daycare centers when students are present. . (seeMN statute 609.66; Subd 1d)
• Guns are not allowed in facilities not owned by a school while being used for school activities .  (see MN statute 609.66; Subd 1d)
• Exceptions: You may possess a gun in a parking facility and safely store that gun in your car in that parking facility. . (see MN statute 609.66; Subd 1d; f)

Other places:

• Guns are not allowed in jails, lock-ups or correctional facilities. . (see MN statute 243.55)
• Guns are not in State Hospital buildings or grounds. . (see MN statute 243.55)
• Guns are not allowed in a County Courthouse . (see MN statute 609.66; Subd 1g)
• Guns are not allowed in Court Controlled facilities
• Private property open to the public is allowed to have a policy prohibiting carry on that property. This policy is enforceable if the person carrying has been informed of the policy and is asked to comply with the policy but does not comply. The owner or manager can request assistance from law enforcement.. (see MN statute 624.714; Subd 17)
• Possessing a loaded firearm while intoxicated or under the influence of a controlled substance is a criminal offense and could result in a permit being suspended or revoked, fines or confinement. . (see MN statute 624.7142)
• Submitting to alcohol or chemical test required with suspicion that subject is under the influence (see MN Statute 624.7143)
• Carrying guns in a Federal Courthouse is prohibited (see 18 USC; 930a)
• Carrying a gun on other Federal property may be prohibited by statute or regulation and could result in fines or incarceration depending on the facility or the agency involved.
• There is no registration of guns in Minnesota.
• Even private party gun transfers and sales require a purchase permit, carry permit or other approved background check and require sellers and buyers to maintain record of the sale. If you are not sure, you can always have a licensed gun dealer assist you in making a legal transfer. (see MN statutes 624.7132; 624.7131; 624.7133; 624.7134)
• You are required to have a Permit to Purchase to purchase a handgun from a licensed dealer in Minnesota. You can use your Permit to Carry as a Permit to Purchase. You can use your Permit to Purchase or Permit to Carry as a background check when making a private party purchase.
• Your Permit to Carry allows you to carry a gun but does not give you any special privileges.
• You are not required to carry you gun concealed, but it is generally safer.
• You are allowed to carry more than one gun. (see MN statute 624.714)
• Your Permit to Carry a Pistol allows you to carry a rifle or shotgun in public. Keep in mind that threatening another person is against the law. In most cases carrying a long gun in public will be  perceived as a threat. Waving your permit at the officer arresting you for threatening others will not stop the officer from arresting you for threatening another. Exception to carrying a long gun in public with a permit to carry a pistol (see MN Statute 624.7181).
• If you injure another person with a firearm, you have a duty to render aid. (see MN Statute 609.662) 
• Reckless handling of a firearm. 
• Pointing a gun at another. 
• Reckless discharge endangering another. 
• Providing a firearm to another who uses that firearm to commit a crime. 
• Transferring a firearm without a background check. 
• Possession in a courthouse or State Capital grounds. (see MN statute 609.66) 
• Not taking reasonable action to safely store a firearm where a person under age 18 could gain access (see MN Statute 609.666).
• Threatening another person (see MN 609.713).