Drizzt
Member
Star Tribune (Minneapolis, MN)
May 19, 2003, Monday, Metro Edition
SECTION: VARIETY; Pg. 1E
LENGTH: 1648 words
HEADLINE: How does conceal-and-carry law work?
BYLINE: Karen Youso; Staff Writer
BODY:
The Minnesota Citizens' Personal Protection Act of 2003, also called the conceal-and-carry law, widens the right to carry guns. Some readers are wondering what the law might mean to them. Here are some questions and answers about the new law, which becomes effective May 28.
Q - Do guns have to be concealed? In other words, can handguns be carried in a visible holster?
A - Guns do not need to be concealed. The law requires permitted carriers to have the guns in their possession and under control. You can carry your gun in public, on or about your body, or in a car, snowmobile or boat.
Other state laws apply, however. For example, they prohibit displaying the gun in a threatening manner or the reckless handling of a gun, such as pointing the gun at another person.
Q - Is it legal to carry a handgun into a grocery store, bank or the post office?
A - Yes and no. With a permit, you can carry a gun into private establishments, such as stores and banks, unless owners prohibit it. However, owners cannot restrict guns in parking lots or ramps.
But you can't take guns into a post office. Like other federal facilities, firearms are prohibited in post offices under federal law.
Under Minnesota's new law, guns generally aren't restricted in public buildings. Exceptions include:
- Correctional facilities or state hospitals.
- County jails.
- Courthouse complexes (unless the sheriff is notified).
- The Capitol area (unless the commissioner of public safety is notified).
Q - I own a small restaurant. How do I notify customers that guns aren't allowed?
A - Owners of private establishments can ban guns but they must post a sign at every entrance that states:
"(Name of establishment) BANS GUNS IN THESE PREMISES."
The sign must be within 4 lateral feet of the entrance and 4 to 6 feet above the floor.
The lettering must be black arial typeface, at least 1 1/2 inches high, on a bright, contrasting background that's at least 187 square inches in size.
Q - What happens if I carry my gun into a building prohibiting guns?
A - If the building has the proper notices, you will be asked to leave. Your weapon cannot be confiscated. If you don't leave, you are guilty of a petty misdemeanor punishable by a fine of $25.
Q - How can I get a permit to carry a gun?
A - Apply to your county sheriff. If you are 21 or older and a U.S. citizen or permanent resident, you complete and sign an application also providing:
- Proof that you passed a training course in the safe use of a handgun.
- A photocopy of your ID (driver's license, state identification card or passport).
- A statement that, to the best of your knowledge, you aren't ineligible to carry a gun.
A permit, which is good for five years, isn't issued automatically. The sheriff's department conducts background checks and looks at databases such as those relating to gangs. A permit will be issued to you unless you're disqualified under a specific set of factors. (For more information on these factors, go to the Web sites listed in the accompanying box.)
The sheriff supplies you with a laminated permit to carry, or a written notice of why you were denied, within 30 days of application. The charge for a permit may not exceed $100.
Q - How do I know if a person is carrying a gun if it's concealed in a jacket or purse?
A - You probably won't know. However, guns can be detected by metal detectors or handheld wands.
Q - What do I do with my handgun if want to enter a building that doesn't allow them?
A - Put it in the trunk of your car. If your vehicle doesn't have a trunk, then lock it into a glove box or a lock box out of sight.
Leaving a gun in a car, however, increases the chance that it will be found by thieves who break in, or children who might make their way into the car.
Assistant chief of the state patrol Steve Mengelkoch said he's concerned about accidental discharge when handling weapons. Every time a gun is in transition it raises public health issues, some officials say.
"If you are going to a place that doesn't allow guns, the best scenario is to leave it locked at home," Mengelkoch said.
Q - If I have a permit to carry a handgun, can I take that gun to:
A - - My job? It depends. Employers can create polices that restrict the possession of guns by employees while at work. They cannot ban guns from parking facilities.
- Public schools? Guns are prohibited from public school buildings and grounds. However, the new law significantly reduces the penalty for violating that law, said David Goldstein, a lawyer with Faegre and Benson in Minneapolis.
Previously, bringing a gun onto school property, a felony, was punishable by two years in prison, a fine up to $5,000, or both.
Now, if a person with a permit brings a gun onto school property, it's a misdemeanor punishable by no more than 90 days in jail, a fine not to exceed $700, or both.
Guns are allowed in school parking lots, Goldstein said.
However, it's still a felony to bring a knife onto school property, including the school's parking lot, he said.
Private schools can set their own policies regarding guns. However, like public schools, they cannot restrict guns in parking lots.
- Campus? It depends on who you are. Public colleges and universities can develop policies restricting gun possession by students and employees, but they can't ban the general public from carrying guns into university buildings and grounds, said Goldstein. And it appears they can't restrict guns at all in school parking lots.
However, university general counsel Mark Rotenberg says it's not that simple. He said the University of Minnesota is studying the new law carefully to see if any changes are needed in current university policy that restricts guns on campus and at campus events.
"The Minnesota Twins and Minnesota Vikings have exceptions that allow them to ban guns from their events," Rotenberg said. "It doesn't make sense that the same can't be done for Gopher games."
Private colleges are allowed to ban guns from buildings but they must post the required signs at every entrance.
- My seat on a Metro Transit bus? If you're a bus driver, the policy is clear _ you can't carry a firearm while performing your duties, said Bob Gibbons of Metro Transit. What is unclear, however, is if the bus company has the authority to prevent passengers from bringing guns on board. If they're allowed to restrict guns, transit officials say, they are uncertain how they would implement a ban.
- The Mall of America? Firearms have never been allowed at the Mall of America, said mall spokeswoman Monica Davis. The new law is being studied to see what must be done besides posting notices at every entrance, she said.
- Church? Churches and other houses of worship can ban guns from their premises and the decision of whether or not to do so is being made on a congregation-by-congregation basis, said Brian Rusche of the Joint Religious Legislative Coalition.
To ban guns, a church, synagogue, mosque or other house of worship will need to post the requisite signs at each entrance. It appears such institutions won't be able to ban guns from their parking lots.
- The park: Apparently, you can take your gun to the park, but there might be exceptions. For example, Minneapolis park police chief Brad Johnson said some city parks, because they are affiliated with public schools, will be able to ban guns.
Q - Can I prohibit guns in my home? How do I notify guests that guns aren't allowed in my house?
A - Yes, you can prohibit guns in your home. There are no specific requirements in the law regarding how you let guests know, just that you do it in a lawful manner.
Q - As a landlord, can I prohibit guns in my building?
A - No. You cannot prohibit your tenants or their guests with permits from carrying guns into the building.
Q - Will the state keep a list of people with permits? Will the guns be registered?
A - The law requires the Department of Public Safety to maintain a database of people with handgun permits. It's available to law enforcement and prosecutors only. The law also allows the state to keep a list of those who were denied a permit, or those with revoked permits.
The law specifically states that the registration of guns is not allowed. .
Q - Guns and alcohol or drugs seems like a dangerous combination. How does the law prevent that?
A - The law makes it illegal to carry a handgun in public if a person is under the influence of alcohol or drugs that impair judgment or body control. If convicted, there are two levels of consequences:
- A blood alcohol concentration over 0.10, (or if you are under the influence of drugs), is considered a misdemeanor for the first violation, a gross misdemeanor for the second violation. The permit to carry a pistol is revoked for one year, after which the person may reapply.
- A blood alcohol concentration between 0.04 to 0.10 (or under the influence of drugs), is a misdemeanor. There are no increased penalties for subsequent violations. The permit is suspended for 180 days.
In either case, the permit carrier doesn't forfeit the gun.
Karen Youso is at kyouso@startribune.
May 19, 2003, Monday, Metro Edition
SECTION: VARIETY; Pg. 1E
LENGTH: 1648 words
HEADLINE: How does conceal-and-carry law work?
BYLINE: Karen Youso; Staff Writer
BODY:
The Minnesota Citizens' Personal Protection Act of 2003, also called the conceal-and-carry law, widens the right to carry guns. Some readers are wondering what the law might mean to them. Here are some questions and answers about the new law, which becomes effective May 28.
Q - Do guns have to be concealed? In other words, can handguns be carried in a visible holster?
A - Guns do not need to be concealed. The law requires permitted carriers to have the guns in their possession and under control. You can carry your gun in public, on or about your body, or in a car, snowmobile or boat.
Other state laws apply, however. For example, they prohibit displaying the gun in a threatening manner or the reckless handling of a gun, such as pointing the gun at another person.
Q - Is it legal to carry a handgun into a grocery store, bank or the post office?
A - Yes and no. With a permit, you can carry a gun into private establishments, such as stores and banks, unless owners prohibit it. However, owners cannot restrict guns in parking lots or ramps.
But you can't take guns into a post office. Like other federal facilities, firearms are prohibited in post offices under federal law.
Under Minnesota's new law, guns generally aren't restricted in public buildings. Exceptions include:
- Correctional facilities or state hospitals.
- County jails.
- Courthouse complexes (unless the sheriff is notified).
- The Capitol area (unless the commissioner of public safety is notified).
Q - I own a small restaurant. How do I notify customers that guns aren't allowed?
A - Owners of private establishments can ban guns but they must post a sign at every entrance that states:
"(Name of establishment) BANS GUNS IN THESE PREMISES."
The sign must be within 4 lateral feet of the entrance and 4 to 6 feet above the floor.
The lettering must be black arial typeface, at least 1 1/2 inches high, on a bright, contrasting background that's at least 187 square inches in size.
Q - What happens if I carry my gun into a building prohibiting guns?
A - If the building has the proper notices, you will be asked to leave. Your weapon cannot be confiscated. If you don't leave, you are guilty of a petty misdemeanor punishable by a fine of $25.
Q - How can I get a permit to carry a gun?
A - Apply to your county sheriff. If you are 21 or older and a U.S. citizen or permanent resident, you complete and sign an application also providing:
- Proof that you passed a training course in the safe use of a handgun.
- A photocopy of your ID (driver's license, state identification card or passport).
- A statement that, to the best of your knowledge, you aren't ineligible to carry a gun.
A permit, which is good for five years, isn't issued automatically. The sheriff's department conducts background checks and looks at databases such as those relating to gangs. A permit will be issued to you unless you're disqualified under a specific set of factors. (For more information on these factors, go to the Web sites listed in the accompanying box.)
The sheriff supplies you with a laminated permit to carry, or a written notice of why you were denied, within 30 days of application. The charge for a permit may not exceed $100.
Q - How do I know if a person is carrying a gun if it's concealed in a jacket or purse?
A - You probably won't know. However, guns can be detected by metal detectors or handheld wands.
Q - What do I do with my handgun if want to enter a building that doesn't allow them?
A - Put it in the trunk of your car. If your vehicle doesn't have a trunk, then lock it into a glove box or a lock box out of sight.
Leaving a gun in a car, however, increases the chance that it will be found by thieves who break in, or children who might make their way into the car.
Assistant chief of the state patrol Steve Mengelkoch said he's concerned about accidental discharge when handling weapons. Every time a gun is in transition it raises public health issues, some officials say.
"If you are going to a place that doesn't allow guns, the best scenario is to leave it locked at home," Mengelkoch said.
Q - If I have a permit to carry a handgun, can I take that gun to:
A - - My job? It depends. Employers can create polices that restrict the possession of guns by employees while at work. They cannot ban guns from parking facilities.
- Public schools? Guns are prohibited from public school buildings and grounds. However, the new law significantly reduces the penalty for violating that law, said David Goldstein, a lawyer with Faegre and Benson in Minneapolis.
Previously, bringing a gun onto school property, a felony, was punishable by two years in prison, a fine up to $5,000, or both.
Now, if a person with a permit brings a gun onto school property, it's a misdemeanor punishable by no more than 90 days in jail, a fine not to exceed $700, or both.
Guns are allowed in school parking lots, Goldstein said.
However, it's still a felony to bring a knife onto school property, including the school's parking lot, he said.
Private schools can set their own policies regarding guns. However, like public schools, they cannot restrict guns in parking lots.
- Campus? It depends on who you are. Public colleges and universities can develop policies restricting gun possession by students and employees, but they can't ban the general public from carrying guns into university buildings and grounds, said Goldstein. And it appears they can't restrict guns at all in school parking lots.
However, university general counsel Mark Rotenberg says it's not that simple. He said the University of Minnesota is studying the new law carefully to see if any changes are needed in current university policy that restricts guns on campus and at campus events.
"The Minnesota Twins and Minnesota Vikings have exceptions that allow them to ban guns from their events," Rotenberg said. "It doesn't make sense that the same can't be done for Gopher games."
Private colleges are allowed to ban guns from buildings but they must post the required signs at every entrance.
- My seat on a Metro Transit bus? If you're a bus driver, the policy is clear _ you can't carry a firearm while performing your duties, said Bob Gibbons of Metro Transit. What is unclear, however, is if the bus company has the authority to prevent passengers from bringing guns on board. If they're allowed to restrict guns, transit officials say, they are uncertain how they would implement a ban.
- The Mall of America? Firearms have never been allowed at the Mall of America, said mall spokeswoman Monica Davis. The new law is being studied to see what must be done besides posting notices at every entrance, she said.
- Church? Churches and other houses of worship can ban guns from their premises and the decision of whether or not to do so is being made on a congregation-by-congregation basis, said Brian Rusche of the Joint Religious Legislative Coalition.
To ban guns, a church, synagogue, mosque or other house of worship will need to post the requisite signs at each entrance. It appears such institutions won't be able to ban guns from their parking lots.
- The park: Apparently, you can take your gun to the park, but there might be exceptions. For example, Minneapolis park police chief Brad Johnson said some city parks, because they are affiliated with public schools, will be able to ban guns.
Q - Can I prohibit guns in my home? How do I notify guests that guns aren't allowed in my house?
A - Yes, you can prohibit guns in your home. There are no specific requirements in the law regarding how you let guests know, just that you do it in a lawful manner.
Q - As a landlord, can I prohibit guns in my building?
A - No. You cannot prohibit your tenants or their guests with permits from carrying guns into the building.
Q - Will the state keep a list of people with permits? Will the guns be registered?
A - The law requires the Department of Public Safety to maintain a database of people with handgun permits. It's available to law enforcement and prosecutors only. The law also allows the state to keep a list of those who were denied a permit, or those with revoked permits.
The law specifically states that the registration of guns is not allowed. .
Q - Guns and alcohol or drugs seems like a dangerous combination. How does the law prevent that?
A - The law makes it illegal to carry a handgun in public if a person is under the influence of alcohol or drugs that impair judgment or body control. If convicted, there are two levels of consequences:
- A blood alcohol concentration over 0.10, (or if you are under the influence of drugs), is considered a misdemeanor for the first violation, a gross misdemeanor for the second violation. The permit to carry a pistol is revoked for one year, after which the person may reapply.
- A blood alcohol concentration between 0.04 to 0.10 (or under the influence of drugs), is a misdemeanor. There are no increased penalties for subsequent violations. The permit is suspended for 180 days.
In either case, the permit carrier doesn't forfeit the gun.
Karen Youso is at kyouso@startribune.
