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Minnesota Court of Appeals Upholds Ruling Striking Down Gun Law
Minnesota Star Tribune, Associated Press ^ | 4/12/05 | Brian Bakst

Posted on 04/12/2005 1:36:51 PM PDT by corbie

The Minnesota Court of Appeals today upheld a lower court's ruling that struck down a law that expanded access to concealed weapons permits because the Legislature passed the law improperly. The enacting bill was tacked onto another piece of legislation to get it through the state Senate, which had resisted voting on the measure as a standalone bill....

More than 25,000 people took advantage and got a permit before Ramsey County Judge John Finley declared the law unconstitutional. His ruling suspended the new law and reverted the permitting process back to the prior law. Five-year permits issued under the 2003 law remain valid.

(Excerpt) Read more at startribune.com ...


TOPICS: Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: bang; ccw; concealedcarry; courts; gunlaws; localpolitics
Ah, Minnesota! The state in which nothing is allowed--except skyrocketing taxes.
1 posted on 04/12/2005 1:36:53 PM PDT by corbie
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To: corbie
Ah, Minnesota! The state in which nothing is allowed--except skyrocketing taxes

And, Paul Wellstone, ah, er,........funerals.

2 posted on 04/12/2005 1:38:34 PM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: corbie

Time to get together the list of legislation that was passed by tacking it on to other bills, and get those thrown out. Probably a bunch of pork spending, maybe even shut down Light Rail.

I'm pretty sure both sides of the aisle have passed pet projects in this manner. Time to go thermonuclear.


3 posted on 04/12/2005 1:42:36 PM PDT by cryptical
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To: cryptical

Bleepin' brilliant! So, now everybody who bought a gun with their Five Year Permit is a felon?


4 posted on 04/12/2005 1:44:08 PM PDT by massgopguy (massgopguy)
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To: massgopguy
Bleepin' brilliant! So, now everybody who bought a gun with their Five Year Permit is a felon?

No they are still valid. From the posted article:

Five-year permits issued under the 2003 law remain valid.

5 posted on 04/12/2005 1:46:30 PM PDT by RJL
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To: massgopguy

I WANT TO SEE HOW THEY PLAN TO PRO-RATE OUR REFUNDS- I paid for a 5 year permit.


6 posted on 04/12/2005 1:53:53 PM PDT by Rakkasan1 (The MRS wanted to go to an expensive place to eat so I took her to the gas station.)
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To: corbie
Full text of the appeals court decision

Looks like they were mostly interested in tweaking the noses of the Republicans, as the decision includes some rather snotty and sarcastic language about "activist judiciary" and strict construction.

7 posted on 04/12/2005 1:54:44 PM PDT by brbethke
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To: brbethke

It's the selective application of this principle that bothers me. Is the court going to review all the bills passed in the last 5 years to see if it passes this test? Chaos, but hey, strict constructionism and all.


8 posted on 04/12/2005 1:57:26 PM PDT by DManA
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To: cryptical

come renewal time we'll all find out who to vote or not vote for as our local sheriffs.

mine approved my class 3 so I can't imagine he'd turn down
a carry permit after having one for 5 years.


9 posted on 04/12/2005 2:00:31 PM PDT by Rakkasan1 (The MRS wanted to go to an expensive place to eat so I took her to the gas station.)
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To: corbie

MN judges will use anything they can to advance the party line, sadly. This is hardly surprising, and a new bill has NO chance of getting through right now, IMHO.

patent


10 posted on 04/12/2005 2:15:20 PM PDT by patent (A baby is God's opinion that life should go on. Carl Sandburg)
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To: corbie

Yup. We are driving from WA state to Wisconsin this summer for my wife to visit at a family reunion. I am already researching how I can bypass that state all together, yet not have to pay off the US debt in spending gas costs. We have already budgeted for the trip, so we are good to go. I used $3.50 per gallon as a gage and the miles to be driven and how much it would take, so we have the bucks, just don't want to pay any taxes in Minn. or give them a dime. So, we will drive around the state.


11 posted on 04/12/2005 2:52:01 PM PDT by RetiredArmy (Let there be no mistake. Let me be very clear: I HATE DEMOCRATS! Enemies of the Republic.)
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To: jdege

MPPA ping!


12 posted on 04/12/2005 4:02:34 PM PDT by WorkingClassFilth (Let's pull the feeding tube of the American left - Defund NPR/PBS/CBP and the LSC)
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To: corbie

You get one gun for show, then bury the other one in the back yard. You will probably need it some time in the future.


13 posted on 04/12/2005 4:03:12 PM PDT by Americanexpat (A strong democracy through citizen oversight.)
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To: brbethke
as the decision includes some rather snotty and sarcastic language about "activist judiciary" and strict construction.

Yep.

And an explicit declaration that there is no relationship whatsoever between a law regarding the permitting, licensing, and training for the carrying of firearms in public for hunting and target shooting and a law regarding the permitting, licensing, and training for the carrying of firearms in public for personal protection.

OTOH, SCOMN has slapped down the Court of Appeals on gun issues a number of times.

Compare these:

C6-95-2162 Court of Appeals Minnesota v. Pendleton November 5, 1996

C6-95-2162: Supreme Court, Minnesota v. Pendleton, August 7, 1997

14 posted on 04/12/2005 4:31:26 PM PDT by jdege
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To: brbethke
To ensure that all readers of this opinion, legal and lay persons, have a common language, we have a commentary. The PPA has been widely known, debated, and discussed, under a nickname—the “conceal and carry” bill. Somehow, the nickname “conceal and carry” got on the bill and stuck like a porcupine’s quills in the nose of an overaggressive hunting dog. To set the record straight, both sides agree there is not now, nor has there ever been, any “conceal” in the laws surrounding the regulation and application for a permit to carry a handgun on one’s person. “Conceal” has never been a part of the PPA. The PPA allows you, if you have the permit, to carry the handgun openly or to have it beneath some article of clothing where it does not show. If you do not get the permit, it does not matter whether you wish to carry the handgun outside or inside your clothing. You cannot do it without being criminally liable. 2003 Minn. Laws ch. 28, art. 2, § 4. The same thing is true of the former handgun permit law, which the PPA supplanted. Under the prior law, in effect since the start of Minnesota’s handgun permitting laws (1975 Minn. Laws ch. 378 § 4, codified at Minn. Stat. § 624.714 (1976)), if you had a permit to carry a handgun, it did not matter whether you displayed it openly or concealed it. If you did not have a permit under the prior law to carry a handgun, it would also not matter whether you displayed it openly or concealed it. You could not. Thus, a more accurate short-term handle for the PPA at issue would be the “handgun carry” bill, nothing more.

What the heck is language like this doing it a judicial ruling? The bolded language is very unprofessional, IMHO. It has absolutely nothing to do with the case or the logic (if you can call it that) behind the ruling.

15 posted on 04/12/2005 7:50:11 PM PDT by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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