Minnesota Statutes
Minn. Stat. § 97.40 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1986 c 386 art 4 s 33]
Notes of Decisions
Cited in 13
cases, 1952–2016 · leading case: State v. Fleming, 724 N.W.2d 537 (Minn. Ct. App. 2006).
State v. Fleming, 724 N.W.2d 537 (Minn. Ct. App. 2006). “The supreme court applied the definition of “firearm” set forth in Minn.Stat. § 97.40, subd. 34 (1974), the game-and-fish law (now codified at Minn.”
State v. Suess, 52 N.W.2d 409 (Minn. 1952). “) Section 97.40, subd. 5, defines wild animals as all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.”
State v. Coauette, 601 N.W.2d 443 (Minn. Ct. App. 1999). “(quoting Minn. Stat. § 97.40 , subd. 34 (1976)) (emphasis added).”
State of Minnesota v. Roger Benedict Schmid, 859 N.W.2d 816 (Minn. 2015). “47, with Minn. Stat. § 97.40 , subd. 15 (1984). The Legislature had decades to adopt a different definition than O’Heron by expressly reverting to the common law definition of “take.”
State of Minnesota v. David Lee Haywood, 886 N.W.2d 485 (Minn. 2016). “(quoting Minn.Stat. § 97.40, subd. 34 (1976)) (currently codified at Minn.”
Application of Christenson, 417 N.W.2d 607 (Minn. 1987). “Although none of the wildlife identified above were threatened or endangered at the time of the hearing, they were, with the exception of weasel, “protected” within the meaning of Minn.Stat. § 97.40, subd. 6 (1984). 5 In addition, water from wetland 47-219 flows through a…”
State v. Newman, 538 N.W.2d 476 (Minn. Ct. App. 1995). “In this respect we note that § 97.40, subd. 34 [now Minn.Stat. § 97A.015, subd.”
LaMere v. State, 278 N.W.2d 552 (Minn. 1979). “In this respect we note that § 97.40, subd. 34, defines ‘firearms’ for purposes of game and fish laws as ‘any gun from which shot or a projectile is discharged by means of an explosive, gas, or compressed air.”
State v. O'HERON, 83 N.W.2d 785 (Minn. 1957). “) The above section is to be interpreted according to the definition con *85 tained in § 97.40, subd. 15, which provides: “ ‘Taking’ includes pursuing, shooting, killing, capturing, trapping, snaring and netting wild animals, and all lesser acts such as disturbing, harrying or…”
State of Minnesota v. David Lee Haywood, 869 N.W.2d 902 (Minn. Ct. App. 2015). “40, subd. 34, defines “firearms” for purposes of game and fish laws as “any gun from which shot or a projectile is discharged by means of an explosive, gas, or compressed air.”
State v. Good, 392 N.W.2d 657 (Minn. Ct. App. 1986). “The DNR charged appellant with seven counts of unlawfully selling without a license big game and fish in violation of Minn.Stat. §§ 97.40; 97.43; 97.55, subds.”
State of Minnesota v. Jimmy Clyde Griffin (Minn. Ct. App. 2016). “” The Seifert court used the definition of firearm in Minn. Stat. § 97.40 , subd. 34 (1974), the game-and-fish law (now codified at Minn.”
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