Posted: 7/13/2004 10:46:25 PM EDT
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I heard from my Mom of all people that the new Concealed Carry law had been revoked, is this really true? thanks CINcerly, Nick |
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Also when Hatch filed the appeal he asked the Hennipen Judge to stay his original decission until the appeal was heard. The original Judge has yet to stay that decision however, so it probably won't happen. I called down to the local Sheriffs Dept (a friend of my family handles both purchase and CCW permit applications there), she said that as of right now, the CCW permits go back to the old way of doing it, which means that you need to fall into one of two catagories to get a permit: 1. Work/employment related need to carry 2. Able to provide proof of specific threat to your life. She said that without meeting one of those criteria, you would be unlikely to get a permit right now. She did confirm that current CCW holders were still legal until their permits expired. |
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This was in the local paper a little over a week ago... ............................................................................................................................................ Gun law declared unconstitutional: little local impact Beth Bily Herald-Review Last Updated: Friday, July 16th, 2004 04:22:21 PM A Tuesday decision by a Ramsey County District Court Judge which ruled that the conceal and carry law passed last year in the Legislature is unconstitutional will have little effect in Itasca County - at least for now. The Minnesota Personal Protection Act - or conceal and carry law as it is commonly known - was challenged in court by a group of religious organizations, which took on the legislation on a number of fronts, including the way in which the law was passed. Earlier this week, Judge John Finley ruled on the case. In his opinion, Finley wrote that the law was unconstitutional because it was passed with the Minnesota Department of Natural Resources bill. The Minnesota Constitution, read the judgment, requires single issue legislation. The Associated Press reported that Attorney General Mike Hatch intends to appeal the decision, which will likely wind its way through the legal system. In the meantime, counties and their legal counsel are interpreting what has happened. Local officials do not think the ruling will have much impact locally in the short term. According to Itasca County Attorney Jack Muhar, a trial court decision does not necessarily have statewide jurisdiction. "It is not a ruling by an appellate court," said Muhar. "It does not have the precedent setting value statewide that appellate court has." Muhar expects that appeal by the Minnesota Attorney General's office will now make its way through the legal system and at some point in the future it will be decided whether or not the case will be accepted by the Minnesota Supreme Court. In the meantime, Muhar has advised the Itasca County Sheriff's Department to continue to operate under the law which was passed by the Legislature last year. The legislation required that local law enforcement agencies grant conceal and carry permits to anyone who met the criteria which included passing a criminal background check, Prior to that local law enforcement had a great deal of discretion when deciding whether or not such a permit would be issued. Last year Itasca County Sheriff Pat Medure said that most permits locally were granted and the change in law was not expected to have a big effect on permits. Because the county attorney is advising the sheriff's department to continue to operate under the law which passed last year, any permit which was issued since May of 2003 would still be valid. |