Leader

Collapse

Announcement

Collapse
No announcement yet.

Change to the state carry law recently?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • brindisi
    replied
    Did the issue of people carrying get resolved? Are you able to legally ban permit holders?

    Leave a comment:


  • natedog54
    replied
    Originally posted by brindisi View Post
    Any updates on the gun issue at HCMC?
    They never did carry firearms after that. Not sure what all transpired, but they remained unarmed until the prisoner they were watching was discharged.

    Leave a comment:


  • brindisi
    replied
    Any updates on the gun issue at HCMC?

    Leave a comment:


  • joelr
    replied
    Originally posted by Minnesota Cop View Post
    OK. Here is one I need clarification on.

    I am a licensed officer in MN. I am allowed to carry a concealed firearm while off-duty. If I were to encounter a situation where I would use deadly force off duty I would be held to a "law enforcement" standard -- that is, I was acting as a police officer and would be held to the police officer standard.

    I was considering obtaining a conceal and carry permit. If I were to obtain one, and had a non-department qualified firearm, and I was involved in a deadly force situation would I be treated as a normal citizen would or would I be considered an "off duty" police officer.

    Where is the line drawn for off duty officers while carrying a firearm with a conceal and carry permit?
    IANAL, and all, but I can't see why you wouldn't want to do everything you could to arrange to be held to the looser legal standards of 609.06 and 609.065 rather than 609.066, if that were possible, while maintaining your social and legal privileges as an offduty LEO.

    Beyond that, it's cheap insurance. $100 for your carry permit amounts to $20/year for the first five years, and with renewals maxed out at $75, it's less after that*; whether or not it might be valuable insurance, I dunno -- but it is inexpensive.

    (When I do HR218 training for retired cops, I strongly encourage them to take out a MN carry permit, FWIW. And while I may be right or wrong, I don't have any skin in that game, in that context; I don't charge them anything extra for the MN cert, as my HR218 class was deliberately written to cover the requirements of 624.714, anyway.)

    ________________
    *YMMV. Prices lower and service standard higher than usual in Washington County.

    Leave a comment:


  • natedog54
    replied
    Originally posted by 40cal View Post
    I think you have a few issues here to consider.

    1. The law and dept. policy are two different things in many respects. So if you shoot someone say with a firearm that is not dept. approved, but yet you are still justified as a peace officer using deadly force legally with regard to the shoot I think you would be fine.

    2. You screw up, and you are in violation of policy, you can lose your immunity as a cop. Most of the time where I have heard of this happening is during pursuits and not terminating when ordered.

    3. If I were suing you, I would sue you and your dept. You most likely received a bulk of your firearms training, use of force, and statute training from you full time dept. Ergo, they would be on my hit list since your dept. most likely has more $$ than you.

    So the answer to your original question is I don't know.

    I would surmise that you would be held to the peace officer standard on or off duty in the event that you used deadly force.

    My .02 of legal advice, remember you get what you pay for.
    To add another .01, as a civilian permit holder, you have a "duty to retreat" where as a peace officer, you don't.

    Leave a comment:


  • squad51
    replied
    Originally posted by BEK320 View Post
    Well they never really did, because the signs were for permit holders and Police dont have permits.
    Incorrect the law as orginally passed stated "On-duty Peace Officers are excempt" They changed that to just "Peace Officers" dropping the on-duty part.

    Leave a comment:


  • 40cal
    replied
    Originally posted by Minnesota Cop View Post
    This is what I thought also. Maybe something to talk to my city attorney about?
    If it means that much to you, I would.

    Leave a comment:


  • Minnesota Cop
    replied
    Originally posted by 40cal View Post
    I think you have a few issues here to consider.

    1. The law and dept. policy are two different things in many respects. So if you shoot someone say with a firearm that is not dept. approved, but yet you are still justified as a peace officer using deadly force legally with regard to the shoot I think you would be fine.

    2. You screw up, and you are in violation of policy, you can lose your immunity as a cop. Most of the time where I have heard of this happening is during pursuits and not terminating when ordered.

    3. If I were suing you, I would sue you and your dept. You most likely received a bulk of your firearms training, use of force, and statute training from you full time dept. Ergo, they would be on my hit list since your dept. most likely has more $$ than you.

    So the answer to your original question is I don't know.

    I would surmise that you would be held to the peace officer standard on or off duty in the event that you used deadly force.

    My .02 of legal advice, remember you get what you pay for.
    This is what I thought also. Maybe something to talk to my city attorney about?

    Leave a comment:


  • 40cal
    replied
    Originally posted by Minnesota Cop View Post
    OK. Here is one I need clarification on.

    I am a licensed officer in MN. I am allowed to carry a concealed firearm while off-duty. If I were to encounter a situation where I would use deadly force off duty I would be held to a "law enforcement" standard -- that is, I was acting as a police officer and would be held to the police officer standard.

    I was considering obtaining a conceal and carry permit. If I were to obtain one, and had a non-department qualified firearm, and I was involved in a deadly force situation would I be treated as a normal citizen would or would I be considered an "off duty" police officer.

    Where is the line drawn for off duty officers while carrying a firearm with a conceal and carry permit?
    I think you have a few issues here to consider.

    1. The law and dept. policy are two different things in many respects. So if you shoot someone say with a firearm that is not dept. approved, but yet you are still justified as a peace officer using deadly force legally with regard to the shoot I think you would be fine.

    2. You screw up, and you are in violation of policy, you can lose your immunity as a cop. Most of the time where I have heard of this happening is during pursuits and not terminating when ordered.

    3. If I were suing you, I would sue you and your dept. You most likely received a bulk of your firearms training, use of force, and statute training from you full time dept. Ergo, they would be on my hit list since your dept. most likely has more $$ than you.

    So the answer to your original question is I don't know.

    I would surmise that you would be held to the peace officer standard on or off duty in the event that you used deadly force.

    My .02 of legal advice, remember you get what you pay for.

    Leave a comment:


  • Minnesota Cop
    replied
    OK. Here is one I need clarification on.

    I am a licensed officer in MN. I am allowed to carry a concealed firearm while off-duty. If I were to encounter a situation where I would use deadly force off duty I would be held to a "law enforcement" standard -- that is, I was acting as a police officer and would be held to the police officer standard.

    I was considering obtaining a conceal and carry permit. If I were to obtain one, and had a non-department qualified firearm, and I was involved in a deadly force situation would I be treated as a normal citizen would or would I be considered an "off duty" police officer.

    Where is the line drawn for off duty officers while carrying a firearm with a conceal and carry permit?

    Leave a comment:


  • BEK320
    replied
    Well they never really did, because the signs were for permit holders and Police dont have permits.

    Leave a comment:


  • squad51
    replied
    Also they changed the law as you can not ban licensed police officers who are carrying guns. In other words all those neat signs that say "Bans Guns" Blah Blah doesn't apply to peace officers on duty or off.

    Leave a comment:


  • brindisi
    replied
    The BCA website isn't entirely accurate. I have made corrections in red.


    Originally posted by BEK320 View Post
    Where am I prohibited from carrying my pistol?

    * School property Ok to carry in vehicle or outside vehicle for the purpose of placing the firearm in the trunk or retrieving it from trunk. (or rear compartment) Ok to carry anywhere on school grounds and building with permission from person in charge of facility

    * A childcare center while children are present Ok with permission from center director.

    * Public colleges and universities – may have policy restricting the carrying of weapons on their premises by employees and students while on campus this is accurate, not against law for student or staff to carry, only employment or academic sanctions are permitted.


    * Private establishments that have posted a sign banning guns on their premises They really need to ask you to leave, and you not comply, before a violation occurs.


    * Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance

    * Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees Only employment sanctions are available, not a violation of law.


    * State correctional facilities or state hospitals and grounds (MN Statute 243.55)


    * Any jail, lockup or correctional facility (MN Statute 641.165)


    * Courthouse complexes, unless the sheriff is notified (MN Statute 609.66) Notified only, doesn't require permission.


    * Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals


    * Any state building unless the commissioner of public safety is notified (MN Statute 609.66) Only applies to the State Capitol Complex.


    * In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211)


    * In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)

    As Per the BCA website

    Leave a comment:


  • natedog54
    replied
    Thanks brindisi. That's what I was looking for.

    Leave a comment:


  • yangsTa
    replied
    Thanks for the clarification.

    Leave a comment:

MR300x250 Tablet

Collapse

What's Going On

Collapse

There are currently 5484 users online. 322 members and 5162 guests.

Most users ever online was 26,947 at 08:36 PM on 12-29-2019.

Welcome Ad

Collapse
Working...
X