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Thread: How often do you guys OC in MN? Any questions from LEO?

  1. #1
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    How often do you guys OC in MN? Any questions from LEO?

    I carried openly in NC for years. It is legal with or without a permit, and generally understood and accept by LEO. They can't stop and demand ID or anything since they know darn well that it's not illegal.

    Up here in MN though, the waters get muddy. Carrying a gun IS illegal. A permit makes it legal. I've always wondered if it is legal and appropriate for LEOs to stop someone OCing and verify that they have their permit. Man would that get annoying after a while. As a result, I don't OC much up here. I generally CC lazily. It's covered by a t-shirt or jacket, but I'll take the jacket off when sitting or when warm. I've yet to be approached, but my level of exposure up here has been nothing compared to NC.

    I'm sorry if this topic has been discussed before, but after a quick search I didn't see anything. The bottom line is, can we be stopped every time a cop see's our gun, just so they can verify that we do have our permit?

  2. #2
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    interpret it how you will...

    "624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.
    Subdivision 1. [Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]
    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."


    Now it says"lawful demand by a peace officer" guess we need to see the definition of "lawful" but as far as im concerned if an officer asks me I will comply with the demand, and I really have no issue doing so. I can't tell you from experience yet as I am stuck with my permit to carry and no gun until i get my taxes back... i know i know kinda like having a DL but no car to drive, but within the next few weeks thatll change! i'll be doing both cc and oc at my discretion, but I will be doing both... If I end up with any encounters I will post about them.
    What area are you in? I'm in Apple Valley.

  3. #3
    Regular Member robdoar's Avatar
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    OC Everyday in metro, never had any negative interactions,and never had to produce permit.

    That being said, police are well within their present authority to detain you if they see a gun, until your permit is verified.
    Political Director - MN Gun Owners Caucus/PAC
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    Good answers! I'm in Blaine. I'll be at the gun show this weekend, too! Probably wont be carrying though - go figure.

  5. #5
    Regular Member robdoar's Avatar
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    Quote Originally Posted by DreQo View Post
    Good answers! I'm in Blaine. I'll be at the gun show this weekend, too! Probably wont be carrying though - go figure.
    Can't carry there... oddly enough.
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    State Researcher lockman's Avatar
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    How often do you guys OC in MN? Any questions from LEO?

    The details will be in 626.84, that will describe what circumstances are legal to make the request. Police can't pull you over for a DL check, I am sure the same goes for guns. LEO misconduct aside.
    Last edited by lockman; 01-25-2013 at 08:04 AM.

  7. #7
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    where?

    Quote Originally Posted by DreQo View Post
    Good answers! I'm in Blaine. I'll be at the gun show this weekend, too! Probably wont be carrying though - go figure.
    Im in Blaine as well... where's the gun show?

  8. #8
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    Quote Originally Posted by Danger07 View Post
    Im in Blaine as well... where's the gun show?
    St Paul river center!

  9. #9
    Regular Member robdoar's Avatar
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    Quote Originally Posted by lockman View Post
    The details will be in 626.84, that will describe what circumstances are legal to make the request. Police can't pull you over for a DL check, I am sure the same goes for guns. LEO misconduct aside.

    Don't be so sure. This is in case law. State v. Timberlake.

    http://caselaw.findlaw.com/mn-suprem...t/1330654.html

    Like I said. Police can detain you if they see a firearm, or have probable cause that you have one, until they can verify lawful possession.
    Last edited by robdoar; 01-27-2013 at 09:23 PM.
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  10. #10
    Regular Member tletourneau's Avatar
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    Re: How often do you guys OC in MN? Any questions from LEO?

    Yep, what robdoar said. Possession of a pistol in public is a crime in MN without a permit, not counting the limited exceptions. If you are armed LE can verify that you have a permit at their discretion. Also, if you are asked for your permit I believe you also need to present your drivers license whether you are operating a vehicle or not. Someone may want to check me on the last part, I'm posting from my phone and can't look up the statute right now.

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    Last edited by tletourneau; 01-28-2013 at 01:11 PM.
    Thanks,

    Tom

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  11. #11
    Regular Member robdoar's Avatar
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    https://www.revisor.mn.gov/statutes/?id=624.714

    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
    Political Director - MN Gun Owners Caucus/PAC
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  12. #12
    Regular Member Just Us's Avatar
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    So this says permit to carry. This also includes OC. I'm new out here in the midwest and just trying to get the best understanding I can. Also, how does a person go about getting a MN permit since my WA permit is not excepted?

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