Minnesota CCW: Hatch appeals gun law ruling

ST. PAUL - Attorney General Mike Hatch launched a broad response Tuesday to a Ramsey County judge's ruling that struck down the state handgun permit law as unconstitutional.

In a flurry of filings, Hatch's attorneys appealed District Judge John Finley's week-old decision to the Court of Appeals, asked the Supreme Court to expedite a review of the decision and requested that Finley stay his decision -- allowing the law to stay in effect -- until the higher courts can rule.

Finley's ruling essentially turned back the law to a time when police chiefs and sheriffs had broad discretion to deny permits, but it has temporarily left many policies in flux.

In the motion for the stay, which will be heard Aug. 9, state attorneys argued,"at least until all appeals are decided, citizens are best served by knowing where and how to apply for firearm permits, which is the process that has been in place for the last year."

Except in limited cases, the law made handgun permits available to any adult who took the required training and passed criminal and mental health background checks.

Finley ruled the law was unconstitutional because it was passed after being attached to an unrelated bill for the Department of Natural Resources. That move forced the Senate to vote on the bill without having hearings.

Finley said it violated the Minnesota Constitution's prohibition on laws that embrace more than one subject. In practice, lawmakers have long used a broad interpretation of that limitation to pass bills with many subjects, as long as they are deemed somehow related to each other.

Though Hatch appealed to the Appeals Court as well, he urged the Supreme Court to expedite a review of the decision. He argued the matter is of broad public importance because law enforcement officers need to know how to handle the permits. He also said the ruling, if it isn't clarified, could invite challenges to additional bills.

State Rep. Mark Olson of Big Lake, a Republican, has already said he plans to help challenge two large budget bills from 2002.

"The attorney general is just doing his job," said David Lillehaug, the attorney whose challenge to the law on behalf of several churches sparked the Finley decision, of the request for a stay. "We don't think any court will breathe life into this unconstitutional law that has harmed religious institutions, nonprofits, government and business."

Lillehaug called the request for an expedited Supreme Court review "an unusual procedure," adding "We'll just have to see if the court is inclined to do that."


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