MN Carry Law in Appeals Court--

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jfh

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here's the local rag (StarTribune) link: http://www.startribune.com/west/story/1537432.html

And here's the text:

The state law allowing citizens to carry concealed handguns with the proper permit places an undue burden on churches and infringes on their property rights, former U.S. Attorney David Lillehaug argued Thursday before a three-judge panel of the state Court of Appeals.

The state is appealing a Hennepin County District Court ruling striking down parts of the law. The 2005 law requires the state to issue handgun permits to citizens who pass background checks and take the required safety course.

Assistant Attorney General Pete Marker argued for upholding the law. "There is no religious practice that is rendered unlawful by the personal protection law," he said.

Lillehaug of the Minneapolis law firm Fredrickson & Byron argued the case on behalf of Edina Community Lutheran Church and Unity Church of St. Paul.

Judges Terri Stoneburner, Jill Flaskamp Holbrooks and David Minge gave no indication of when they would rule on the issue.

Lillehaug said the court must answer two questions: whether the government may force religious institutions to have guns on their religious property and whether government may carve out exceptions to the law allowing handguns.

Lillehaug said the law violates the state and federal constitutions as well as federal law.

Stoneburner seemed skeptical of his arguments about churches bearing an undue burden. She said, "An inconvenience, maybe. But a burden?"

Minge asked Lillehaug whether churches' ability to restrict those with handguns isn't the same with the law as it is without it.

Lillehaug said it isn't the same because, under the law, churches must put up detailed signs and also speak with some telling them to leave. "It's a two-part process," he said.

Without the law, he said, church officials could just call the sheriff if someone carried a gun onto the religious premises.

Of particular concern, he said, is the requirement that the churches post "exquisitely" detailed secular signs at every entrance. He argued that the original goal of the law with respect to posting was to make it so onerous that no one would post a sign barring guns.

Marker said the law is simply requiring uniformity in public places. The law balances religious institutions' rights to practice their faiths free of undue burdens with the parallel right of individuals to possess firearms, Marker said.


emphasis added by poster.

Jim H.
 
A couple of observations here--

1. First, the original text by the reporter apparently stated that the law required a handgun be issued, not a permit. You can follow a discussion on that here: http://www.twincitiescarry.com/forum/viewtopic.php?t=7030

2. For those of you don't know the history on this topic:

  1. David Lillehaug is a long-time DFL (Democrat) activist who has argued against this law since before its passage. He is a talented lawyer, and his arguments bear careful scrutiny.
  2. There has been resistance to this law by a limited number of "religious" / antigun activists since its passage over four years ago. The issue of 'having to post' and control of private property, including their public parking lots is the area they have settled on to fight it.
  3. Note that his argument of "undue burden" creates a reading of the law that certainly would allow the entire law to be thrown out.
  4. The State has defended the law, but it generally does so at a minimal level--there will be no shining examples of legal argument from the AG's office. That's under a Republican administration; under a Democrat administration (fully expected on the next go-round) it would be totally bushwacked.

As good a law as we currently have, the Minnesota antigun activists are not going to quit attempting to get it removed.

Finally, lest any of us not understand the latest thrust of the antigun crowd, tie this appeal timing to the CNN "police are outgunned" story, the press releases to the same effect in Cities (Minneapolis, Cincinatti, where else?) this week--and we can see the kickoff to a one-year run by the antigun activists to make this an issue for the '08 elections.

Jim H.
 
already being discussed in legal--

Sorry, I missed that--moderator, feel free to move / merge these posts if you want to.

Jim H.
 
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