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MN Concealed Carry Law UNConstitutional.

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FatSlob Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 03:12 PM
Original message
MN Concealed Carry Law UNConstitutional.
http://www.startribune.com/stories/462/4873935.html

Seems it may have violated the single subject rule, either that or an activist judge got a bug up his behind. Time to take bets...what will happen on appeal? I bet this will go on for years, unless the legislature moots it.
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Dolomite Donating Member (689 posts) Send PM | Profile | Ignore Tue Jul-13-04 03:39 PM
Response to Original message
1. "Minnesota Attorney General Michael Hatch
said he will appeal Finley's ruling. Hatch said he was still researching the opinion, but believes that conceal and carry permits obtained since the law was passed are still valid.

He said the whole issue of laws embracing more than one subject has been in debate for the past 10 years.

Hatch also said he is not aware of any ill effects from the gun law."


I always get a chuckle how they always refer to it as "conceal and carry".

There must be some media research study from somewhere that indicated that this particular term frightens the bejeebus out of people more than just saying "concealed carry".
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mosin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 03:49 PM
Response to Original message
2. Hmm
The best I can tell, combination bills like the one challenged have become the norm in the Minnesota legislature. I suspect, by the standard of this ruling, that a lot of legislation could be challenged.

I predict an appeal and a stay within a week, with a reversal before year's end.

Presumably Minnesota's old may-issue permit system is back in effect temporarily. So already-issued MN permits should be good, but out-of-state permits from reciprocal states would not be.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 04:04 PM
Response to Original message
3. Dupe...
"an activist judge "
Gee, sounds like he's taking a literal reading of the State Constitution....
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CO Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 04:15 PM
Response to Reply #3
4. By Definition....
Edited on Tue Jul-13-04 04:15 PM by CO Liberal
...a judge who does something that someone disagrees with is an "activist judge". But if it weren't for activist judges making the tough decisions in 1954, schools might still be segregated.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-13-04 04:16 PM
Response to Reply #4
5. And now the last dregs of the bunch
that wanted schools kept segregated are shouting "gun rights."
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neverborn Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-15-04 06:05 AM
Response to Reply #5
9. Hey MrBenchley
I want gun rights. Do I hate black people?
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RoeBear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-14-04 02:59 PM
Response to Original message
6. How many laws in MN...
...will be held to be unconstitutional if this 'single subject rule' thingy holds up?
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mosin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-14-04 03:11 PM
Response to Reply #6
7. Countless...
The ruling ignores a lot of precedent allowing the legislature a lot of latitude in determining related matters. The bill in question combined changes dealing with the Department of Natural Resources -- regulations, licenses, and permits for hunting, fishing, boating, skiing, etc. -- with the new concealed carry law. It is easy to argue that those are at least tangentially related. The judge just didn't like that the MN House added the concealed carry law into the bill originally passed by the Senate, so that there were no hearings on that part of it when it went back to the Senate for concurrence on the House amendments.

My prediction stands. There will be a quick stay and an ultimate reversal.
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Wickerman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-14-04 08:42 PM
Response to Reply #7
8. Its my hope this ruling stands
and it DOES effect change int he way bills are treaded through our system. If put to a popular vote or run through correctly I think we would see this bill pass.

This bill, attached quietly to a much desired DNR bill was sleaze at its worst. No discussion, no refinement, increased costs to localities without adequate reimbursement. A mess. Do the bill right, in the light of day, and I will accept it - but allow discussion and consider input of folks not just in the Cities.
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