Minneapolis, MN asked in Criminal Law and Federal Crimes for Minnesota

Q: Can I carry a gun while picking up my daughter?

I drive through bad parts of town to pick up my daughter for her time with me. I do not have a permit to carry. But I do know it's legal to carry at home or between work and home. Could this be applied in an argument where I like to be armed when traveling with my children.

Ideally, I understand the state would want me to have a carry permit. But say I was forced to use lethal force to defend myself and children from say a carjacking? What's my culpability if I act lawfully in every way but the permit to carry? Gun is legally purchased and owned.

I have 360 degree video and audio recording in my vehicle. I believe in the constitution. And hope I get answers from attorneys who will protect those rights not plea them away.

I'm not concerned with charges, I'm more concerned with what I'd be convicted of.

Like I stated, if I acted lawfully, except for the permit, and had video and audio evidence. What's my culpability?

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4 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Get a permit. You cannot legally transfer a loaded gun without a permit. You certainly could be charged with carrying in public without a permit and there is no guarantee that anyone is going to simply accept a claim that you acted in self-defense.

Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You can carry your firearm in your vehicle as long as it is unloaded and in the closed trunk of your vehicle. If you want immediate access to the firearm, you need a permit to carry. The law does not regard self-defense as an excuse to not not have a permit to carry.

You can apply for a permit to carry here: https://dps.mn.gov/divisions/bca/bca-divisions/administrative/Pages/firearms-permit-to-carry.aspx

Hope this helps!

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: "Say I was forced to use lethal force to defend myself and children from say a carjacking?" There is too much to fit into an answer here. But I'll try to get you started in your research. First, in Minnesota such a person carrying a firearm without a permit would be charged with that crime. (So, best to get a carry permit.) Next, that person would be able to raise self-defense to an assault charge, but not a possession charge. (Self-defense is predicated, in part, upon an imminent threat.) Be aware of Minnesota laws about carrying a firearm near a school (vs. in car). As for conviction vs. criminal charges, that would be up to the jury. Most people wish to reduce their legal risk, and that is best done one layer at a time. But criminal lawyers like me normally get cases involving past events. So we have to find a way to win, based upon what has already happened.

1 user found this answer helpful

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: No, you cannot legally carry a gun while picking up your daughter.

Minnesota Statutes, section 97B.045, prohibits transporting a firearm in a motor vehicle unless the firearm is unloaded and either:

Fully secured in a gun case expressly made for that purpose, where the case is zipped, snapped, buckled, tied, or otherwise fastened (OR)

In the closed trunk of the motor vehicle.

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