Carry in MN state parks?

[KAR120C]

I was thinking of going to a Minnesota state park soon. I was checking into their rules on the website and came across the following:

Weapons
It is unlawful for any person to possess explosives of any kind. It is also against the law for any person to possess a firearm (including an air gun) unless the firearm is unloaded and completely contained in a fully enclosed gun case or unloaded and contained in the closed trunk of a vehicle.

This makes it sound like nobody, even a permit holder, can have a loaded gun in the park. I don't believe this to be true, but am looking for verification. Does anyone out there have experience on this topic

Thanks

 

[PowderBurn]

The DNR's position is that it is NOT legal even for a permit holder to carry in a state park (state forests are OK). Unless you want to get your 15 minutes of fame, probably not a good idea.

 

[joelr]

The MCPPA says otherwise; when I go to a state park, I'll carry, and not worry about it, as I'll carry discreetly, and not expect for it to be an issue, unless I do have to take the gun out.

If I ever have to take my gun out for serious in a state park, the DNR's misapprehension about the law won't be on my top ten list of worries.

Then again, sigh, I've already had my fifteen minutes of fame last month, (see http://www.livejournal.com/users/joelrosenberg/120059.html) and didn't much enjoy the experience.

 

[PowderBurn]

Joel - I know MPCCA does not prohibit carry in state parks, or the state fair for that matter. For the purposes of this thread, however, I was stating the position of the Minnesota DNR so the thread starter knew that he may be headed for more trouble than he envisioned. Even though he would likely be exonerated eventually, it may not be the experience he was looking for.

However, I highly respect you for your efforts in championing 2A rights in Minnesota. THANK YOU!!!

 

[Blue Jays]

Hi All-

If you're way out in the boonies are you really expecting a pat-down search by anyone not your boyfriend, girlfriend, husband, or wife? Backpacking where there are wild and unpredictable animals? Stick a decent yet concealable revolver or pistol in a quality holster, cover it with a heavyweight shirt, and don't give it a second thought.

If a bear is gnawing on your leg you won't be concerned with how the law reads. Same thing if you return to your group after gathering wood or going to the bathroom to find some Appalachian Trail Serial Killer messing with your campmates.

I'm not a lawyer nor do I play one on teevee. This post is not intended to encourage extralegal activity in your jurisdiction, but if it does, that is OK, too, if you think it is OK.

~ Blue Jays ~

 

[joelr]

Thanks, Powderburn -- although, by and large, I seem to get far more credit than I deserve.

And, yup, I think that you did the right thing by telling the guy what the DNR says, and I hope I didn't come off as suggesting otherwise, because I didn't mean to.

 

[KAR120C]

Thanks for the replies everyone.

As I'd left for the park before you were able to reply, I went ahead and carried. I was disturbed to read, on my return, that the DNR thinks they are above the law. I suppose even after hearing that I'd have still carried, but it would have caused me concern over being accidentally discovered. I agree that if I'd needed it, the DNR's opinions would have been a lesser concern than what I had to draw on. Still...

It is infuriating that the DNR thinks themselves above the law. We passed an unambiguous law, yet I still have to second guess where I can carry all the time. Isn't there any way to resolve these issues without making yourself a test case?

bab

 

[Blue Jays]

Hi All-

For those still reading, DNR = Department of Natural Resources.

~ Blue Jays ~

 

[Lobotomy Boy]

When I'm bicycling I carry a snub nose .357 magnum in my fanny pack (pretty hard to conceal a weapon in pocketless bicycle shorts so the fanny pack is really the only way to carry). I'm aware of 3 seperate incidents in which bicyclists have been attacked by mountain lion in the past year or so. One guy, an employee of Yamaha's U.S. motocross racing operation, was killed. Two people were recently attacked while riding the Mahdahhe trail in the North Dakota badlands. In recent years there have been a lot of mountain lion sightings near the trails I ride. I don't know if I could get my gun in time or not if I was attacked by a mountain lion, but I want the option of trying, whether I'm in a State Park or not.

 

[Andrew Rothman]

An email from Ron Hains, Manager of State Park Operations, Division of Parks and Recreation, Minnesota Department of Natural Resources, sent to each state park manager.

Subject: Legal carrying of handguns in State Parks for persons licensed under "Conceal and Carry" legislation
From: "Ron Hains"
Date: Mon, Nov 28, 2005 11:03 am
To: <list of names removed -- Andrew>

We have recently completed a review of MS 624.714, Minnesota Citizens' Personal Protection Act. This is commonly known as the "Conceal and Carry" legislation. The bottom line of this review is that a person who is legally permitted under MS 624.714 to carry a handgun in the State of Minnesota, may legally carry that handgun in State Parks. The statute supercedes State Park rule # 6100.0800, which prohibits carrying firearms, other weapons, explosives, etc. Also, there are some states with reciprocal agreements with the State of Minnesota on carrying handguns, and people licensed in those states would also be able to carry in Minnesota, including in state parks. This could change over time, but thanks to Andrew Rothman, Executive Director of the Minnesota Association of Defensive firearm Instructors, currently Arkansas, Louisiana, Utah and Wyoming have these reciprocal agreements with Minnesota. This information is listed on the web at: http://www.dps.state.mn.us/bca/CJIS/Cocuments/CarryPermit/States.html

All other parts of the rule, 6100.0800 would still apply to all persons in state parks, and the rules provisions on carrying a handgun would still apply to all persons who do not possess a permit issued under MS 624.714 or are not legally licensed in a state with reciprocal agreements with Minnesota related to the carrying of handguns.

The next time that we revise rules, we will address the conflict between the statute and our rule, possibly with some exclusionary language for permit holders, but that will take some time to put into affect, and we will consult with our attorneys on the appropriate way to address it in the rules.

Until then, please provide this information to permit holders who request information, and please be sure that your local conservation officer is aware of this as well. If you want more complete information, you can check the statute on the web.

Please keep in mind that, in regards to our enforcement authority, vioations of firearms rules and statutes must be handled by a licensed peace officer, so if you suspect that someone is carrying a handgun without an appropriate license, that should be communicated to a conservation officer or other licensed peace officer for their attention.

If you have questions, please check with your supervisor or contact Steve Anderson or me.

Thanks.

 

[TallPine]

if you suspect that someone is carrying a handgun without an appropriate license, that should be communicated to a conservation officer or other licensed peace officer for their attention.

Why...? It wouldn't bother me none
Ain't none of my business as long as the someone doesn't cause any trouble.

Not that I am ever likely to visit a MN state park, or even visit MN for that matter.

 

[rallyhound]

Funny, on nov 10th this year I shot a deer in Itaska state park with my non concealed rifle.
They didnt have a problem with that.

 

[Andrew Rothman]

Well, up until a few weeks ago, the statute said one thing and DNR regs said another.

It took polite insistence from our organization to move the DNR to change their policy, and may have saved some permit holder from staying within the law and getting arrested anyway.