Andrew Rothman
Member
http://www.startribune.com/stories/462/4918334.html
Conceal-carry ruling due soon from Ramsey County judge
Associated Press
August 9, 2004 GUNRULING0810
A Ramsey County judge plans to decide soon whether a new gun law that made handgun permits available to most adults should remain in effect until a higher court rules on its constitutionality.
Ramsey County Judge John Finley said today he would take the issue under advisement and issue a written decision on the matter.
Finley, in June, ruled the state's new handgun law was unconstitutional because it was passed after being attached to a seemingly unrelated bill for the Department of Natural Resources. He said that violated the Minnesota Constitution's prohibition on laws that embrace more than one subject.
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 permit policies in flux.
Attorney General Mike Hatch appealed the decision, and is asking Finley to keep the law in effect while the appeal is pending.
William Klumpp, with the attorney general's office, argued today that the law should stay in effect ``so that the machinery of government can run smoothly.''
He also said officers in already financially strapped police departments may need to be pulled off the streets to again process permit applications.
``There obviously is a financial impact,'' he said.
David Lillehaug, an attorney who argued that the gun law should be repealed immediately, said the constitutional harm of the new law was worse than any administrative harm.
``The constitutional harm always trumps,'' he said. (Oh, yeah. This gun-grabber is very concerned about violations of constitutional principles. If he gave a rat's patoot about the constitution, he'd have been on the other side of this lawsuit.)
Lawmakers have long used a broad interpretation of the law to pass bills with many subjects, as long as they are deemed somehow related to each other.
Hatch is also asking 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.