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aviator
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Post subject: Court house carry Posted: Sat Nov 01, 2008 9:09 pm |
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Joined: Thu Jun 29, 2006 5:42 am Posts: 105
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I know this topic has been discussed before and I tried researching it using the search function but that seems to yield too many results to be useful.
According to my research, Mn. statute 609.66 1g(1) seems to indicate that it is a felony to carry in a courthouse complex. It also indicates that you may carry if you have a permit and have notified the sheriff.
Is this correct?
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jaysong
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Post subject: Posted: Sat Nov 01, 2008 9:49 pm |
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Joined: Mon Dec 11, 2006 12:09 am Posts: 983 Location: Brewster
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Correct. Barring any court order not to do so. You do not want to be found in contempt of court. I would also suggest you notify the sheriff with certified mail so you would have proof the notification was done.
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aviator
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Post subject: Posted: Sun Nov 02, 2008 6:53 am |
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Joined: Thu Jun 29, 2006 5:42 am Posts: 105
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I just ran across Andrew's post from Oct. 3rd which reaffirms my 609.66 observation but I still can't figure how that squares with 624.714 subd. 17(b)(4) which, in part, stipulates that posting can only be done by a private, "nongovernmental entity". This seems to indicate that courthouses cannot post or prohibit carry, 609.66 notwithstanding. Hmmm!
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Tick Slayer
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Post subject: Posted: Sun Nov 02, 2008 8:45 am |
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Longtime Regular |
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Joined: Sat Jun 10, 2006 9:53 am Posts: 1263 Location: MN
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I may be wrong, but I think courthouses are pointed out as prohibited in the law. They're not prohibited because of the posting but because they're prohibited in the law. The exception being that permit holders who have notified the sheriff may carry there.
_________________
Image courtesy of Right Wing Swag
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Andrew Rothman
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Post subject: Posted: Sun Nov 02, 2008 12:07 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Yup. Hennepin, Ramsey, Olmsted (Rochester) and St. Louis (Duluth), Meeker, Beltrami, and Stearns counties have such court orders. There are others as well, but those are the ones I know.
[updated 11/4/08]
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
Last edited by Andrew Rothman on Tue Nov 04, 2008 3:59 pm, edited 1 time in total.
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tman065
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Post subject: Posted: Sun Nov 02, 2008 12:21 pm |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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I wonder what the judges would do for a contempt sanction. Fine? Jail? Surrender of the firearm?
Any test cases yet?
My county has a court order. It's never been violated to my knowledge. We have security screening at the public entrance, and I have never found anyone carrying who was not authorized.
Our judges have said that LEO's may only carry if they're working while in the courthouse. Any LEO appearing on non work-related stuff (divorces, etc.) must disarm.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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reaver3
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Post subject: Posted: Sun Nov 02, 2008 10:28 pm |
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Activist Extraordinaire |
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Joined: Mon Aug 08, 2005 10:02 pm Posts: 546 Location: Scottsdale, Arizona
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Andrew Rothman wrote:
Quote: Yup. Hennepin, Ramsey, Olmsted (Rochester) and St. Louis (Duluth) counties have such court orders. There are others as well, but those are the ones I know.
Add to that list Stearns County courthouses in total, and Dakota County, to the extent that the judge's order covers something like (paraphrased) the actual courtrooms and the hallways immediately adjacent.
_________________ Respectfully,
Doug
"Some Things Are Worth Fighting For"
Judas Priest
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plblark
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Post subject: Posted: Mon Nov 03, 2008 9:30 am |
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Longtime Regular |
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Joined: Thu Mar 16, 2006 10:41 am Posts: 4468
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Add Beltrami
_________________ Certified Carry Permit Instructor (MNTactics.com and ShootingSafely.com) Click here for current Carry Classes "There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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aviator
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Post subject: Posted: Mon Nov 03, 2008 10:45 am |
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Joined: Thu Jun 29, 2006 5:42 am Posts: 105
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I'm still trying to get a handle on this. When you talk about "court order", does that mean that even if you mail notification to the Sheriff, that you cannot carry, even as a permit holder? Or does it mean that 609.66 is in effect only with a court order?
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plblark
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Post subject: Posted: Mon Nov 03, 2008 10:51 am |
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Longtime Regular |
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Joined: Thu Mar 16, 2006 10:41 am Posts: 4468
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It means, even with notice, the judges have taken it upon themselves to issue Court orders banning carry. In essence, this is using the courts' powers of contempt of court and court orders to impose something denied them by the legislature.
Sound like a failure of checks and balances to anyone else?
to be clear:
Without notice, it's a FELONY and a crime based upon State LAW
With notice, it's completely legal EXCEPT if there's a court order
With a court order AND notice, it's a contempt of court citation and not a more serious CRIME. Expect it to be hard to fight ... remember, the judges gave themselves this power and a judge will be the one to decide if you're in contempt ...
_________________ Certified Carry Permit Instructor (MNTactics.com and ShootingSafely.com) Click here for current Carry Classes "There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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KonaSeven
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Post subject: Posted: Mon Nov 03, 2008 4:20 pm |
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Longtime Regular |
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Joined: Thu Aug 31, 2006 12:17 pm Posts: 908 Location: Meeker Co., MN
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Add Meeker
_________________ 1 of 55153
"The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms." —Supreme Court Justice Antonin Scalia
Sierra Trading - Firearms Sales, Service and Training
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Traveler
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Post subject: Posted: Mon Nov 03, 2008 4:47 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 1:46 pm Posts: 845 Location: Saint Paul
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I had occasion to contest a license tab citation and went to the Ramsey County court thingie in Maplewood. I disarmed and locked the weapon in the trunk of the car. I entered, shed myself of what I thought were all the things in my pockets, and proceeded through the metal detector.
The detector immediately alarmed and so did the nice Ramsey County deputy sheriff's who were on-duty at the door. It seems that I had forgotten the 2.5" folding pocket knive I carry to cut small twine, clean fingernails, and do battle with Boxelder bugs.
The incident had all the earmarks of turning into a major kerfluffle (deputies getting off of their chairs, one coming from behind me, etc.).
I was made to fill out an envelope, which they marked with my DL number, and then allowed entry. I retrieved the item later on exiting but only after showing my DL.
I do not believe I would carry within a Ramsey County court even with permission and prior notification. They seem very protective of where the Kangaroo's dispense justice.
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