In Re The Matter Of State Of MN Vs. Heiderscheid

Joe Doakes from Como Park emails:

Important quote: “Lacking a gun permit is not an element of the crime of carrying a gun in a public place; rather, having a permit is an exception to the crime of illegally carrying a gun.”
Therefore, being seen carrying a gun in public automatically gives the police a reasonable, articulable suspicion that the carrier is engaged in criminal activity: specifically, illegally carrying a gun.
Therefore, every person carrying a gun in a public place, with or without a permit, is automatically subject to stop and investigation by any police officer.
Seems like there should be a change to the statute.

Our people will need to have a word with the legislature’s people.

3 thoughts on “In Re The Matter Of State Of MN Vs. Heiderscheid

  1. Unless and until Minnesotans get to fully and freely make use if their 2nd amendment rights (snicker), I think a cop has the duty to ascertain whether someone is carrying a firearm as prescribed by law.
    Just my opinion.

  2. From the link:

    brandished a gun therein

    I have gotten into some rather testy arguments over this and I will be willing to be convinced otherwise but at least in my humble opinion, the 2nd amendment guarantees the right to bear a weapon, not to brandish it (other than self-defense).

    Of course, “brandishing” is a subjective word, and there is a world of difference between how a dream-sickle and a civil libertarians interprets it, none the less, there is a huge difference between a weapon in a case or holster and one that is not and context is the key.

    If I were a clerk in a 7/11 and a man walked through the door with a holstered handgun, I would feel much safer than I did moments before. On the other hand, if he was carrying the weapon in his hand, I might reach for my own. There may be a number of legitimate reasons for him to be doing that – but my response would be not be the same as to a holstered weapon.

    If I saw a guy in a garage with an AR15, I might think, cool, I might want to get to know him, but if he was carrying it, uncased down the sidewalk, I might think something different, or I might not, depending on body language.

    We all know the rules and let common sense prevail. Most people know the difference between carrying and brandishing a weapon, though too many do not. I just hope most cops do.

  3. What Heiderscheid firmly establishes for Minnesotans is that possessing a firearm is a privilege to be granted and licensed by the state not a right that precedes the state. Welcome to the People’s Democratic Republic of Minnesota!

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.