Index  •  FAQ  •  Search  

It is currently Thu Mar 28, 2024 2:38 am

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.

All times are UTC - 6 hours




Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 6 posts ] 
 Pawlenty: the statute says, "Shall" 
Author Message
 Post subject: Pawlenty: the statute says, "Shall"
PostPosted: Wed May 20, 2009 11:39 am 
Longtime Regular
User avatar

Joined: Sun Apr 29, 2007 9:55 pm
Posts: 742
Location: Twin Cities
Yesterday, Pawlenty gave a press conference about his plans for unallotment. The recording is here. A couple minutes in he has Q&A. Here is my transcription of the first Q&A:
<ul><b>Q:</b> Are there any concerns that the situation of un-allotment could be a be careful what you wish for situation; that it could be politically challenging or even detrimental?

<b>Pawlenty:</b> Well, there's no question it's going to be challenging, but it's not an option. It's a duty. The unallotment statute says, "shall." This is a legal duty and responsibility of the governor. And so once it's determined that we have a budget shortfall the budget must be balanced, and the unallotment statute and the legal requirements demand that I fulfill that duty and I will. Will it be easy? No. But it's a necessary duty under these circumstances and I'm going to fulfill it.</ul>

I took this as an opportunity to remind him that, per his own sentiment, he should demand his appointed Public Safety Commissioner should fulfill his duty as specified under MN 624.714 Subd 16 (a). It's not an option for Campion. It's his duty. The statute says, "must."
Quote:
Subd. 16.Recognition of permits from other states.
(a) The commissioner must annually establish and publish a list of other states that have laws governing the issuance of permits to carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.


Perhaps others want to use his own words to remind him what should be done on reciprocity.


Offline
 Profile  
 
 Post subject:
PostPosted: Wed May 20, 2009 12:46 pm 
The Man
User avatar

Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
Great idea. I've sent my email.

_________________
Just a guy.


Offline
 Profile E-mail  
 
 Post subject:
PostPosted: Wed May 20, 2009 1:33 pm 
Longtime Regular
User avatar

Joined: Wed Mar 12, 2008 3:13 pm
Posts: 1743
Location: Lakeville
Nice work!


Offline
 Profile  
 
 Post subject: must versus shall
PostPosted: Sat May 23, 2009 9:41 pm 
Member

Joined: Tue May 15, 2007 11:05 am
Posts: 40
Location: Scott County
The whole must versus shall thing always troubled me. As a matter of legal construction, must and shall are very different. Must is like, one ought to do something at some point. Shall is like, you will do this and get on it quick. I still don't believe my professors.


Offline
 Profile  
 
 Post subject:
PostPosted: Sat May 23, 2009 10:10 pm 
Senior Member
User avatar

Joined: Wed Dec 31, 2008 6:49 pm
Posts: 105
Someone did some research. Nice job!


Offline
 Profile  
 
 Post subject:
PostPosted: Sat May 23, 2009 11:01 pm 
Wise Elder
User avatar

Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
"Must" is a MORE imperative term than shall.

Unfortunately, the Minnesota Supreme Court has, on occasion, interpreted "shall" to mean "may" (i.e., discretionary).


Offline
 Profile  
 
Display posts from previous:  Sort by  
Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 6 posts ] 

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.

All times are UTC - 6 hours


 Who is online 

Users browsing this forum: No registered users and 27 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
cron


 
Index  |  FAQ  |  Search

phpBB © 2000, 2002, 2005, 2007 phpBB Group