Court challenge to Minn Carry bill - June 3

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F4GIB

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Mike Hatch (DFL), the Minnesota Attorney General is defending the right to carry law against a challenge by a group of liberal churches. This is case is going all the way to the Minnesota Supreme Court no matter who wins this round. If you can attend the hearing, get there no later than 10:30 and pick up a yellow sticker from CCRN.

>>>PRESS RELEASE -
by the church's law firm (Fredrikson & Byron of Minneapolis)<<<

Motion to Overturn Minnesota Conceal & Carry:
Hearing in Ramsey County District Court
11:00 am, June 3, 2004

The religious institutions' motion for summary judgment asserts that the Conceal & Carry Law was passed as part of a bill that includes more than one subject, in violation of the Minnesota Constitution. The Minnesota House of Representatives improperly attached the Conceal & Carry Law to a Department of Natural Resources bill already passed unanimously by the Minnesota Senate, says the motion.

"Our motion papers contend that the Minnesota House hijacked a non-controversial bill and used it as an unlawful vehicle for conceal-and-carry," said David Lillehaug, one of the attorneys for the religious institutions. "If the motion is granted, the Conceal & Carry Law will be null and void."

The motion also alleges that the Conceal & Carry Law's provisions regarding parking areas and tenant spaces are unconstitutional. The Law prevents owners of parking areas and tenant spaces from banning gun-carriers. The motion contends that this violates the rights of private property owners under both the Minnesota and the United States Constitutions.

The religious institutions making the motion represent the Jewish, Unitarian, UCC, Eckankar, Lutheran, Episcopal, Methodist, and Catholic faiths. They all contend that the Conceal & Carry Law infringes on their right to control their religious properties. That issue is also part of the motion.

Oral argument on the motion will be held on Thursday, June 3, 2004, at 11 a.m. before District Judge John Finley, Courtroom 1110, Ramsey County Courthouse in St. Paul, MN.
 
I'm told, by a couple of lawyers and law students, that challenges to omnibus bills are very common, and never go anywhere.

That said, I'm sure Joe is right -- this is going to the Supreme Court, but I'm sure it'll be slowly, while the sky isn't falling.

As Joe said in his stemwinder of a speech at the MCPPA Birthday party, "No 'shall-issue' law has ever been repealed, and none ever will. And why? Because they work." (I liked the other speeches, too, a lot -- but Joe's was particularly terrific.)

Still, you've gotta keep an eye on the antis. See this.
 
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