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| Define "furnish" wrt ammunition storage http://www.ellegon.com/forum/viewtopic.php?f=36&t=9692 |
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| Author: | ree [ Wed Aug 06, 2008 10:51 am ] |
| Post subject: | Define "furnish" wrt ammunition storage |
I happened to catch part of WCCO's coverage of the 6yo who shot the 3-yo sibling (discussed here), and I swear they said all ammunition must by law be locked up in a separate locked container from the one in which you store your firearm(s). Well, there are obvious flaws with that message. But I viewed it as an opportunity to refresh my memory on MN 609.66, 609.666, 624.714 and anything related that I could find relating to legality of firearms storage. As many know, 609.666 clearly defines the illegality of leaving loaded gun accessible to a minor. However, 609.66 Subd 1b reads: Quote: Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior consent of the minor's parent or guardian or of the police department of the municipality is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Possession of written evidence of prior consent signed by the minor's parent or guardian is a complete defense to a charge under this subdivision. Not that I advocate not securing ammunition, but what is the legal definition of "furnishes?" Some people store ammunition obscurely but not under lock and key. If you do that, and your child's friend gets into the ammo stash, have you "furnished" the friend with ammunition? Or do you have to explicitly give the ammunition to the child for it to be considered "furnishing?" I didn't see a good definitions clause for the word anywhere in the statute. I ask because in 609.66 subd 1c it doesn't use just plain "furnish" it says: Quote: Subd. 1c. Felony; furnishing a dangerous weapon. Whoever recklessly furnishes a person with a dangerous weapon in conscious disregard of a known substantial risk that the object will be possessed or used in furtherance of a felony crime of violence is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. The phrasing of the underlined portion suggests that for 1c to apply, the person must be actively participating in furnishing, whereas in 1b it appears that it could be considered as passively providing access. And again, I'm not advocating anyone attempt to walk the fine line of the law on this issue. I'm just curious about whether or not there is definite consensus on what "to furnish" means in this context. Of course, I know what an aggressive prosecutor might think, so perhaps my question isn't even worthwhile considering. |
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| Author: | White Horseradish [ Wed Aug 06, 2008 6:03 pm ] |
| Post subject: | |
From reading that it looks like parents would be exempt, since it hinges on their consent, so the trouble would be only if a neighbor's kid and not your own got into the ammo stash. I am also curious about the written consent part. |
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| Author: | kimberman [ Wed Aug 06, 2008 6:32 pm ] |
| Post subject: | |
"Furnish" is an active verb. The statutes were written years apart by different people. One was the result of a lost battle, the other was not. |
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| Author: | Ramoel [ Thu Aug 07, 2008 2:03 pm ] |
| Post subject: | |
My daughter has been a lawyer for quite a few years now. One thing I've picked up from her is that the laws as written don't mean a lot until they have been through court. If you're the first one prosecuted under a law you become the "Test Case" and after that you'll have a good idea how the law is really interpreted or applied. |
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