I've delayed putting up this topic but I have a couple weeks off so here goes.

I am very fortunate to have a gun friendly daycare provider. In fact, they don't come any friendlier. With that said, they comply completely with the Minnesota Administrative rules related to firearms and daycare. If it were up to me, they would carry anytime my children are present.

My question to the forum is this:

CHAPTER 9502, LICENSING OF DAY CARE FACILITIES, 9502.0435 SANITATION AND HEALTH. Subp. 5. states,
"Firearms.All firearms must be unloaded and inaccessible to children. Ammunition and firearms must be stored in separate locked areas."

Is this "rule" legal? Or, stated another way, do administrative rules that apply as a condition of licensure prevent a daycare provider from exercising their rights under the carry law?

I look forward to the discussion.

That's storage requirements, not carry requirements.

IANAL, either, but it certainly sounds that it's about storage, rather than about carry.

And, yeah, I wouldn't have trusted our daycare providers to watch over my kids if I wouldn't have trusted them to carry if they thought it appropriate.

It seems to me that the second sentence is about storage, but the first sentence, "All firearms must be unloaded and inaccessible to children." says, "All firearms...". Am I to take that to mean only firearms in storage? I don't think that is the intent, which is why I have my question about whether the carry law outweighs the administrative rules.

Law trumps administrative rules, and MN Stat. 609.66 clearly provides an exception to the general ban on carry at a day care.

I've spoken to quite a few people who still think there is no exception to the prohibition on carry at schools or licensed daycare facilities. I've even printed out the law and highlighted the section about written authorization but it doesn't seem to get through people's heads. My wife's instructor and a few others are hell bent on insisting that there is no exception, which is unfortunate.

Care to list the instructors so the rest of us will know to avoid them? The law is pretty clear and any instructor who can not see that is not someone I want to learn anything from.

For criminal matters, yes. Are you sure that would pass muster for a daycare provider trying to renew a license?

My answer is still yes, these are storage requirements, not carry requirements. These rules only apply to daycare providers. Unfortunately, administrative rules are more open to interpretation, and petty-level bureaucrats can misinterpret the rules to deny a license, with little or no possibility of appeal.

I would rather not list them but if someone like Joel or Andrew who has established credibility would like to contact them, I would provide the names to them for a more discreet approach.