Posted: 12/9/2009 11:13:43 AM EDT
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Hello,
I was up at the local Job Service/CEP office today to get some information on training for a new job. Anyway, on my way in there was a sign that said: "Dangerous Weapons are prohibited from these premises. Anyone other than a licensed peace officer will be prosecuted" or something to that effect. When I took my MN CCW class they very clearly stated, and my book backs them up, that a state or county office CANNOT prohibit firearms, and in fact, by posting the sign THEY are breaking the law. Note, this office was NOT in the courthouse or in any way attached to it. Am I right here? Can I tell them to pound sand, or realistically, ignore the sign without fear? |
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Here ya go.
609.66 Subd. 1g.Felony; possession in courthouse or certain state buildings. (a) A person who commits either of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both: (1) possesses a dangerous weapon, ammunition, or explosives within any courthouse complex; or (2) possesses a dangerous weapon, ammunition, or explosives in any state building within the Capitol Area described in chapter 15B, other than the National Guard Armory. (b) Unless a person is otherwise prohibited or restricted by other law to possess a dangerous weapon, this subdivision does not apply to: (1) licensed peace officers or military personnel who are performing official duties; (2) persons who carry pistols according to the terms of a permit issued under section 624.714 and who so notify the sheriff or the commissioner of public safety, as appropriate; (3) persons who possess dangerous weapons for the purpose of display as demonstrative evidence during testimony at a trial or hearing or exhibition in compliance with advance notice and safety guidelines set by the sheriff or the commissioner of public safety; or (4) persons who possess dangerous weapons in a courthouse complex with the express consent of the county sheriff or who possess dangerous weapons in a state building with the express consent of the commissioner of public safety. |
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It is NOT a courthouse or in any way attached to a courthouse OR the state capitol complex. It's in rural MN.
All I can see in the statute quoted above is courthouses and buildings that fall under the umbrella of the state capitol complex, which is a geographical area in St. Paul. |
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OK...
I just got a reply from a noted MN Carry Law author in regards to this issue. I hope others may find this to be of help to them. I am attaching my letter and his reply: Hello,
I took a training course with Rusty Ramirez in Menagha and as part of the course we were all given a copy of your book "xxxxxxxxxx". I am having an ongoing argument with someone about the legality of carrying in a state office. The local Wadena Social Services and CEP office (state agencies) has a sign prohibiting carry on their premises unless you are a licensed peace officer. I can find nothing in your book to suggest they can do this, since they are not part of a courthouse complex or the state Capitol complex. Can you please clarify this for me? Thanks, The Great Snag Hi Snag, You would be correct, and the county and state offices would be wrong. The Wadena social services would be a county office right? And is the CEP office the job program? In any case, it doesn't matter - the permit to carry law establishes where it's legal to carry and not, and it specifically says: No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or governmental authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry. Of course, Federal law applies, but the county and state agencies don't get to override Minnesota law. Now that all said, there could always be gray areas, such as an agency that's co-located with a state hospital, or county jail or something, but it doesn't sound like that's the case. I'd say that you won the argument, but I wouldn't go out of my way to challenge the signs, because if someone in authority wants you to leave the premises of just about any state or county facility and you refuse, they'll find something to charge you with. You'll beat the $25 "posting" petty misdemeanor, but you might get stuck with a misdemeanor charge of trespassing or disorderly conduct. I hope you bet your friend something good :). Thanks Snag, -MN Carry Law Expert- |
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Quoted:
OK... I just got a reply from a noted MN Carry Law author in regards to this issue. I hope others may find this to be of help to them. I am attaching my letter and his reply: Hello,
I took a training course with Rusty Ramirez in Menagha and as part of the course we were all given a copy of your book "xxxxxxxxxx". <...> Question: Why didn't you ask your instructor? Side note: I think it is clear that the building you are talking about is not in the Capitol Complex. But people should be aware that the so-called Capitol Complex is a lot larger then what a reasonable person would think. 'They' believe it includes any building in red.. 
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