Minnesota CCW: Hatch appeals judge's handgun ruling

Minnesota Attorney General Mike Hatch has appealed a Ramsey County judge’s decision declaring the state’s newest gun permit law unconstitutional.

Hatch’s office filed the request today with the Minnesota Court of Appeals. He also asked the Minnesota Supreme Court to expedite the proceedings.

Along with the appeal, Hatch is asking for a stay of District Judge John T. Finley’s earlier decision to overturn the Minnesota Citizens’ Personal Protection Act, while the appeal is considered.

Court officials said a separate decision would be issued on the stay request. If granted, it would mean that the new gun permit law is once again in effect until the outcome of Hatch’s appeal.

On July 13, Finley determined that the Legislature incorrectly attached the proposal to an unrelated bill in violation of "the single-subject clause" of the state constitution.

More than 30 religious and charitable organizations, along with the city of Minneapolis, sued the state to have the 2003 law struck down.

They argued that it infringed on their rights by inhibiting their abilities to ban guns from their properties.

In Hatch’s appeal, he contends that the district court "erroneously concluded that the Act … violated the (single-subject clause of the) Minnesota Constitution."

He also contended that the district court "erroneously concluded that the act unconstitutionally regulates plaintiffs’ rights to prohibit firearms on their parking lots."

In asking the state’s highest court to agree that the matter should be heard immediately, Hatch said there needs to be a clarification of the "single-subject clause." In addition, he said, expedited proceedings are necessary because the issue has great public significance.


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Name: John T. Finley

Office: 2nd District Court District Court judge seat 21

Incumbent: Yes

City of residence: St. Paul

Age: 62

Background: Married 37 years, three children, three grandchildren; elected judge in Ramsey County, 1996-present; private practice, 1969-96; elected Ramsey County commissioner, 1970-96; member, Ramsey County, Minnesota, and American Bar associations, 1969-present; B.A., English/history, University of St. Thomas, 1962; J.D., William Mitchell College of Law, 1969.

Endorsements: St. Paul Building and Construction Trades Council; Teamsters DRIVE; St. Paul Trades and Labor Assembly; Ramsey County Lawyers Voted 85% for Judge Finley in Plebiscite; Star Tribune; St. Paul Pioneer Press. P>Essay:

Since elected to the bench in 1996, I've acquired a reputation for being fair, impartial and treating all parties, attorneys and jurors with dignity and respect. For six years I've presided over civil trials and a variety of criminal cases, including serious felonies, and have never been reversed in a jury trial. My 27 years as a general practitioner and 26 years as a county commissioner aided me in the art of listening intently, understanding complex issues, weighing competing positions and the ability to resolve conflict. I will continue my sincere commitment to render justice fairly and impartially when reelected.

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