Conceal Carry Weapons Permit and Social Media

[CuriosObserver]

Hello. I'm doing a project for school. It's about legal guns and a negative co relation to gun violence.

Since I live in the state of Minnesota and so does the person I'm submitting the project to, I'm going to use MN state law as a backdrop. The alleged gang member also lives in the State of MN.

As I remember, to earn a permit to purchase a weapon in the state of MN, you must not have any felonies nor any misdemeanors. I am friends with lots of 2A rights advocates. I know personally that to have a permit to carry, you must not have any gang affiliation. (Duh)

However, the person insists that the person in question who owns a gun belonged to a gang and committed many crimes. Even though a quick background check showed that he had many traffic violations (Which aren't considered criminal violations in MN) and two marijuana convictions (petty misdemeanors in Minnesota).

The so called "gangbanger" also worked in a school district of the Twin Cities, where background and social media checks would be periodically issued.

Would a person who openly displayed his gang affiliation be likely allowed to continue to own a CCW, or would he be forced to surrender the CCW permit if they found out about his supposed gang affiliation? Does the state of MN frequently check the backgrounds of CCW permit holders' social media accounts?

Answers would be appreciated.

 

[quincy]

Hello. I'm doing a project for school. It's about legal guns and a negative co relation to gun violence.

Since I live in the state of Minnesota and so does the person I'm submitting the project to, I'm going to use MN state law as a backdrop. The alleged gang member also lives in the State of MN.

As I remember, to earn a permit to purchase a weapon in the state of MN, you must not have any felonies nor any misdemeanors. I am friends with lots of 2A rights advocates. I know personally that to have a permit to carry, you must not have any gang affiliation. (Duh)

However, the person insists that the person in question who owns a gun belonged to a gang and committed many crimes. Even though a quick background check showed that he had many traffic violations (Which aren't considered criminal violations in MN) and two marijuana convictions (petty misdemeanors in Minnesota).

The so called "gangbanger" also worked in a school district of the Twin Cities, where background and social media checks would be periodically issued.

Would a person who openly displayed his gang affiliation be likely allowed to continue to own a CCW, or would he be forced to surrender the CCW permit if they found out about his supposed gang affiliation? Does the state of MN frequently check the backgrounds of CCW permit holders' social media accounts?

Answers would be appreciated.

What sort of "gang" affiliation precludes ownership of a gun in Minnesota? Felony convictions, yes, but gang affiliation?

 

[Mass_Shyster]

What sort of "gang" affiliation precludes ownership of a gun in Minnesota? Felony convictions, yes, but gang affiliation?

See https://www.revisor.mn.gov/statutes/?id=624.714

(5) is not listed in the criminal gang investigative data system under section 299C.091.

On its face, it would appear to violate due process, though I haven't looked into it at all. The due process argument is what is being thrown around regarding denying firearms to those on the no-fly list.

 

[CuriosObserver]

What sort of "gang" affiliation precludes ownership of a gun in Minnesota? Felony convictions, yes, but gang affiliation?

None, from what I believe, since being a member of a gang isn't technically breaking the law, therefore not precluding your right to own a firearm.

But a conceal carry weapons permit is considered a privilege. And if you're a member of a gang, you give up the privilege of being allowed to carry a gun outside of your home. (Much like how you have the right to own and ride a motorcycle on your own property, but you don't have the right to ride a motorcycle on any public streets unless you have a motorcycle endorsement and street legal lights) .

Can a CCW holder be an active member of a gang and own a CCW without the state quickly finding out and stripping him of his license?

 

[CuriosObserver]

See https://www.revisor.mn.gov/statutes/?id=624.714


On its face, it would appear to violate due process, though I haven't looked into it at all. The due process argument is what is being thrown around regarding denying firearms to those on the no-fly list.

But then again, owning a firearm is a right, while carrying a firearm in public is a privilege. Due process does not apply to privileges.

 

[quincy]

Here is a link to the NCIC. See "Categories of Individuals covered by the System, E. Members of Violent Criminal Gangs:" http://fas.org/irp/agency/doj/fbi/is/ncic.htm

Here is a link to a Minnesota statute different from the one provided earlier by Stevef: https://www.revisor.mn.gov/statutes/?id=299c.091

There is more than just an affiliation with a gang that is required although, apparently, if you videotape your gang-affiliated crime and post it online, that potentially can result in felony charges which can then get you listed in the NCIC system.*

For what sort of school is your project being completed?



*From CityPages, May 16, 2016, "Reminder: Cops Can See the Gang-Affiliated Rap Videos You Post Online:"
http://www.citypages.com/news/reminder-cops-can-see-the-gang-affiliated-rap-videos-you-post-online-video-8292202

 

[CuriosObserver]

So I talked to a police officer from a local PD and here's what he told me.


It's not illegal to be a member of a gang. (Duh, freedom of association)

As long as you have no felonies or court orders denying you the right to own a gun, the state shall issue you a conceal carry weapons permit.

 

[quincy]

So I talked to a police officer from a local PD and here's what he told me.


It's not illegal to be a member of a gang. (Duh, freedom of association)

As long as you have no felonies or court orders denying you the right to own a gun, the state shall issue you a conceal carry weapons permit.

Actually, Minnesota will issue a gun permit. There is no separate "conceal carry" permit in Minnesota.

See this link from the Minnesota Bureau of Criminal Apprehension:
https://dps.mn.gov/divisions/bca/bca-divisions/adminstrative/pages/permit-to-carry-faq.aspx

From the link: "Minnesota's Personal Protection Act is a permit to carry law, not a conceal and carry law. The pistol does not need to be concealed, but can be concealed."

If you are not listed in the criminal gang investigation system, and otherwise meet the conditions necessary for gun ownership, you are eligible for getting a permit to carry.