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SDbowhunter

Carrying a rifle and pistol deer hunting?

18 posts in this topic

I deer hunt in minnesota and I was wondering if there are any legal issues carrying both a pistol and rifle while deerhunting. I own a 357 which is a legal caliber and would love to take a deer with it especially since my stand is hard to shoot behind with a rifle. But most the deer i see are out at 150 yards and would need a rifle.

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Quote:

I deer hunt in minnesota and I was wondering if there are any legal issues carrying both a pistol and rifle while deerhunting. I own a 357 which is a legal caliber and would love to take a deer with it especially since my stand is hard to shoot behind with a rifle. But most the deer i see are out at 150 yards and would need a rifle.


It's perfectly legal to carry your 357 while deer hunting.

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It is legal to carry a pistol for deer hunting but when you get back to the car / camp area, you'll have to empty the gun, UNLESS you have a conceal and carry permit. Someone correct me if I'm wrong

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If you are in your car, you will need to case it or lock it in the trunk unloaded. If you are sitting at your campsite that allows hunting (i.e. private property, and you are wearing it in a holster that is on the outside, you will be fine

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The conceal and carry law appears to be soooo misunderstood. The law never has denied us the right to carry a handgun "unconceiled". The law does allow those of us who have a conceil and carry permit to have on our person a loaded and "conceiled" handgun. Conceiled would be hidden from view such as in a pocket or shoulder holster under your coat. The conceil and carry law does not infringe on our right to carry an "unconceiled" handgun such as in a hip holster. This remains perfectly okay.

Any firearm carried in a vehicle, ATV, snowmobile, etc. is required to be unloaded and cased EXCEPT if you hold a conceil and carry license you are allowed to carry the handgun loaded and uncased.

My handgun is subject to the same rules as my rifle unless I have a permit to carry. In other words I am permitted to carry my handgun, be in possession of my handgun, or hunt with my handgun anywhere I can legally carry or use my rifle without having a conceil and carry license. I must have it unloaded and cased in a vehicle, ATV, snowmobile, etc. just like my rifle. If I wish to carry my handgun loaded and conceiled then I must have a permit to carry.

Bob

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Thanks... I have a ccw permit in SD but it doesn’t have reciprocity in Minnesota. I am quite familiar with the laws according to concealed carry. Of course I was planning on using an exposed hip holster. I was more or less wondering if there are any issues with bringing two firearms out deer hunting. I figured I would be okay but I just wanted to check and see if anybody else new anything more about the subject. I always have deer come in behind me at about 25 yards and it is almost impossible to get turned around in my stand with out being detected. I have missed opportunities on deer many times because of this and bringing a pistol in the field will definitely increase my odds in those situations.

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I must stand corrected, sort of. In Minnesota it is NOT a conceal and carry permit. It doesn’t matter whether it’s concealed or not. It is a permit to carry in public places as defined by article 624.7181 shown below. Also notice that subd.2 of 624.7181 defines the same restrictions on BB guns, shotguns, and rifles with regard to carrying in public places.

The thing we have to keep in mind is it wasn’t a new thing when our state legislature passed the new permit to carry law. We always had the ability to get a permit and it was applied in the same way it is today. The difference was that previously WE had to show a need to justify obtaining the permit. Now the AUTHORITIES must provide just cause for denying us the permit if we apply. It’s actually easier to get the permit today. Once you have a permit to carry you are permitted to carry your pistol in public places unless otherwise prohibited. Note that the permit applies to pistols only, so it is still not permitted to carry rifles and shotguns in public places unless unloaded and cased.

So in short as I stated earlier without a permit you have the same right to carry a pistol as you do to carry a rifle, shotgun, or BB gun. If you are transporting in a vehicle it must be unloaded and cased in a fully enclosed case with no part of the weapon visible. You are not allowed to carry it or any firearm in public places.

With the permit you are allowed to carry the pistol in public places or in a vehicle, snowmobile, or boat loaded and/or concealed.

624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.

Subdivision 1.[Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]

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 ©, 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. 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;

© 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.

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.

© "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.

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My lord, I hope you copy/pasted that thing!! grin.gif

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You betcha! I don't mind writing but that would have been monumental even for me. crazy.gif

Bob

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Thanks for the reply's. I hope one will come behind me this year, Ill be ready. I have allways dreaded the buck of a lifetime sneaking up behind me and not be able to get the shot off. When i told some people that I was going to purchase a hand gun several of them said what do you need that for? Now I have the perfect reason!

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You want the answer to why you want a handgun for? The answer, "Because I can." You don't have to justify it any more than they would justify a new pair of jeans.

Bob

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Handguns vs long guns. From my C&C class book.

"In terms of carrying a gun Minnesota law does not distinguish between handguns and long guns. While Minnesota statute 624.7181 makes it illegal for most people to carry a rifle, shotgun or BB gun in public, it also expressly excludes permit holders: a permit holder can, at least in theory, carry a rifle or shotgun anywhere he or she can carry a pistol or revolver. Also Minnesota state law does noe require the gun be concealed. You can carry cowboy style if you like but it is not recommended as it would surely alarm those around you. If I want I can strap my 12 ga to my shoulder and walk in the mall however no intelligent person would do so and you would definitely not want to be THE test case in such a scenerio. C&C also allows for the the carrying of loaded rifle or shotgun in motor vehicle.

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You are correct. 674.7181(B)(3) makes it quite clear.

Good catch. I must have missed that when I read through the statute.

Bob

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BobT and Suzuki, I believe that you are incorrect. I am looking at my "Permit to Carry" right now. It says: "State of Minnesota, Permit to carry a PISTOL". Nothing is said about long guns. As I read section 624.718l(B)(3), I don't get that a Pistol permit would let you carry a long gun in the same fashion. Correct me if I'm wrong.

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The only thing I am going by is the statutes I quoted in my earlier post.

At first I thought it was for pistol only but as Suzuki pointed out it may apply to all legal firearms.

I guess there is some room for learning.

Bob

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I wish my permit was valid in MN. Not that I feel that I need to carry a gun in my hometown let alone SD. But you never know If my memory serves me correctly, Brookings just had a bank robbery this month. But, I always get an uneasy feeling in the cities. I should look into getting a permit for MN. I think Utah’s permit process has reciprocity in the most states.

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The following was a reply form author/teacher Joel Rosenberg. He was my C&C teacher and co-authored the book that many use for class. I'll be darned if I can find the letter of the law and I have looked but I trust his response below.

Minn. Stat. 624.7181, which generally forbids the carrying of long guns, hasn't been changed, and still doesn't apply to permit holders. The only exceptions are for transport in a car, and when hunting, when the long guns (but not the handguns) must be handled according to DNR rules

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I always carry my pistol with me when I deer hunt. I've had many deer walk up on me while gutting out a deer I had just shot.

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