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This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
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joelr
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Post subject: Posted: Sat Dec 20, 2008 1:28 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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Got it. You're looking for instructions on how to get the sheriff to issue you the permit without hiring a lawyer, or going pro se and issuing a petition for a writ of mandamus and doing all the other stuff that the lawyer would do.
If you're not going that route, you've got two choices:
1. Do whatever it is that he wants. If it's giving him your social security number, do that. If it's providing fingerprints, tax records, character references, or a sperm sample, then, respectively: get hour hands dirty, provide the papers, give him the names, or whip out Mr. Happy.\
2. Make a credible threat to actually hire the lawyer -- sample letter in the book -- and hope that he geeks.
Lots of luck; you'll need it.
ETA: Sure. It's a constructive denial. The law doesn't simply allow the sheriff to refuse to process your application 'cause he doesn't wanna. But you can't beat a denial, constructive or otherwise without either 1. Getting the sheriff to change his mind or 2. Getting a judge to tell him to issue the permit.
_________________ Just a guy.
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CustomEclipseII
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Post subject: Posted: Sat Dec 20, 2008 6:36 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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Post Deleted
Last edited by CustomEclipseII on Sun Dec 21, 2008 10:08 am, edited 1 time in total.
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MostlyHarmless
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Post subject: Posted: Sat Dec 20, 2008 7:49 pm |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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Well, this is speculation, but if the Sheriff's asking, it's probably because there are matching, disqualifying criminal records on name and DOB alone, or because he suspects that (if you have a name like John Anderson or Kevin Smith or something).
If that's the case, if you choose not to provide SSN, he'll deny the permit based on prior criminal record. Then you'll have to show that the BG with the prior is not you.
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CustomEclipseII
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Post subject: Posted: Sat Dec 20, 2008 8:20 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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Post Deleted
Last edited by CustomEclipseII on Sun Dec 21, 2008 10:08 am, edited 1 time in total.
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phorvick
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Post subject: Posted: Sat Dec 20, 2008 8:25 pm |
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Forum Moderator |
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Joined: Mon Aug 08, 2005 11:37 pm Posts: 1571 Location: Detroit Lakes, MN
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You are continuing to beat the dead horse. As everyone has said....
either
1. give the info
2. forego getting the permit
3. lawyer up
perhaps get a Utah permit....oops...they ask for SS# also.
What I (and I am a lawyer/retired) or anyone else thinks is really irrelevant other than as an interesting academic exercise.
_________________ Paul Horvick
http://shootingsafely.com
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Contact us to schedule a class for you and your friends, and check our website for more information http://shootingsafely.com
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CustomEclipseII
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Post subject: Posted: Sat Dec 20, 2008 8:32 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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Post Deleted
Last edited by CustomEclipseII on Sun Dec 21, 2008 10:07 am, edited 1 time in total.
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phorvick
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Post subject: Posted: Sat Dec 20, 2008 8:34 pm |
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Forum Moderator |
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Joined: Mon Aug 08, 2005 11:37 pm Posts: 1571 Location: Detroit Lakes, MN
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CustomEclipseII wrote: The academic exercise is exactly what I am interested in. Then, I respectfully suggest that this is the wrong forum to debate or speculate on legal issues of which 95+% of the responders are not attorneys. There is only one opinion that counts. And it is not mine...or yours.
_________________ Paul Horvick
http://shootingsafely.com
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Contact us to schedule a class for you and your friends, and check our website for more information http://shootingsafely.com
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CustomEclipseII
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Post subject: Posted: Sat Dec 20, 2008 8:42 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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Post Deleted
Last edited by CustomEclipseII on Sun Dec 21, 2008 10:07 am, edited 1 time in total.
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phorvick
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Post subject: Posted: Sat Dec 20, 2008 8:52 pm |
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Forum Moderator |
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Joined: Mon Aug 08, 2005 11:37 pm Posts: 1571 Location: Detroit Lakes, MN
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CustomEclipseII wrote: phorvick wrote: CustomEclipseII wrote: The academic exercise is exactly what I am interested in. Then, I respectfully suggest that this is the wrong forum to debate or speculate on legal issues of which 95+% of the responders are not attorneys. There is only one opinion that counts. And it is not mine...or yours. I thought I was writing about a "Minnesota Carry Issue." People don't have to read or respond to what I write. But I'll respect the moderator's suggestion and take it somewhere else 1. I was not wearing the Mod hat when I posted the above comment.
2. the comment really was just my observation that your question was "asked and answered" and
3. if the answer was not what you wanted...and in fact you wanted that intellectual debate, that this forum and its members are not really geared for that discussion in any legally meaningful way
4. what you are coming across as (and of course that may be totally opposite your true philosophy and attitude) is someone that refuses to provide what I suspect many folks here believe is a reasonable request; there seems (to me) to be a suggestion that you have a tightly wound tin foil hat on and just won't give up your SS# for what might be speculated are other reasons. It may be that this perception is 100% in error, but that is how it comes across to me. I do not buy that you are looking for a meaningful discussion; I read your comments as seeking vindication for your position...and not finding it.
Again, it is hard to put nuance and correct interpretation on written words. So, I am simply suggesting again that there are better places to have that discussion than here. But, this is Joel's board...not mine. He has responded and can continue this thread or....do whatever he feels is best. Not my call.
_________________ Paul Horvick
http://shootingsafely.com
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Contact us to schedule a class for you and your friends, and check our website for more information http://shootingsafely.com
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CustomEclipseII
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Post subject: Posted: Sat Dec 20, 2008 9:03 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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Post Deleted
Last edited by CustomEclipseII on Sun Dec 21, 2008 10:06 am, edited 1 time in total.
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Moby Clarke
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Post subject: Posted: Sat Dec 20, 2008 9:19 pm |
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Longtime Regular |
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Joined: Tue Aug 16, 2005 9:09 pm Posts: 965 Location: North Minneapolis
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CustomEclipseII wrote: The academic exercise is exactly what I am interested in.
What is there to discuss? Sure, we could all bash the Sheriff for not following the law, but what does that do for us? It does not change anything, it does not affect the real world. Further, if you want a real world situation that closely resembles your hypothetical, look no further than Sheriff Fletcher in Ramsey County. When many instructors suggest, and even push, Ramsey County residents to get a Utah permit rather than a MN permit because you have a sheriff overstepping his authority?! That issue has been discussed many times, with no apparent resolution, either in the hypothetical or real world.
What more is their to review?
Edited to add: We don't want to push you away, I just am not sure what a discussion of this an similar issues will get us in the real world. Hypotheticals of shoot/no shoot situations are helpful, but I do not see the value in discussion related, hypothetically, to if a sheriff is following the law or not. YMMV.
_________________ It is about Liberty!
Political Correctness is a doctrine fostered by a delusional, illogical liberal minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Chris
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This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
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