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 Woman Brings Loaded Gun into Hennepin Co. Court 
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 Post subject: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 4:39 pm 
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Woman Brings Loaded Gun into Hennepin Co. Court

Published : Thursday, 06 Aug 2009, 4:37 PM CDT

MINNEAPOLIS - A woman was charged Thursday for bringing a loaded gun into a Hennepin County Courtroom.

Alexandra Swensen, 45, was charged with bringing a dangerous weapon into a courtroom.

According to the criminal complaint, on June 2, Swensen tried to bring a weapon into the courtroom, but was stopped at the security check.

Deputies found a Beretta 32 caliber semi-automatic handgun with a seven round loaded magazine.

Swensen told police she forgot the gun in her bag.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 4:53 pm 
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Test case?


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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 5:09 pm 
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Details are scarce (actually non-existent). Doesn't say if she's a permit holder or not.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 5:35 pm 
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To be a viable test case, she would probably need to have informed them of her intent to carry there too.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 6:02 pm 
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If she had a permit, I really doubt there would be a "criminal complaint". In criminal court she'd win if she has a permit. If she had a permit it might be a "Contempt of Court" which is a very different procedure.


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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 6:15 pm 
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Dick Unger wrote:
If she had a permit, I really doubt there would be a "criminal complaint". In criminal court she'd win if she has a permit.

What am I missing? I thought you need to both have a permit and either give notice or get permission. If she's only got the permit, it's stupid to prosecute her, but isn't she factually guilty?

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 7:08 pm 
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joelr wrote:
Dick Unger wrote:
If she had a permit, I really doubt there would be a "criminal complaint". In criminal court she'd win if she has a permit.

What am I missing? I thought you need to both have a permit and either give notice or get permission. If she's only got the permit, it's stupid to prosecute her, but isn't she factually guilty?


And therein lies the question. I doubt she got permission / gave notice, but if she did...

Not that I think this is likely a win regardless. "Oh judge, we need you to overrule what another judge..." Yeah. :?

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 8:31 pm 
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joelr wrote:
Dick Unger wrote:
If she had a permit, I really doubt there would be a "criminal complaint". In criminal court she'd win if she has a permit.

What am I missing? I thought you need to both have a permit and either give notice or get permission. If she's only got the permit, it's stupid to prosecute her, but isn't she factually guilty?


Well yeah a permittee should give the Sheriff "notice" to carry in a courthouse, I guess. But if she's got the permit they can only hang their hat on the act that the Sheriff's office didn't get "notice". it would sound overly technical to a jury and I can't imagine they would try to really prosecute that in criminal court. "Notice" is not defined by statute, I don't think, and it would be hard to charge the jury with that, as a practical matter.

And for Contempt of Court , she would have to have notice of the Court Order, I think. (One is presumed to know the law, but not the Court Order.)

It will turn out that she didn't have a permit , I'd bet. They didn't believe she just "forgot". That's undoubtably why she got charged.


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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Thu Aug 06, 2009 9:19 pm 
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Hopefully she didn't think a PTP was a PTC. :roll:

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 5:25 am 
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Strib has a few more details:

Quote:
Woman charged with bringing gun into Hennepin County Courthouse

A St. Bonifacius woman has been charged with bringing a gun into the Hennepin County Courthouse in June.

Alexandra Maria Swensen, 45, faces a felony count of bringing a dangerous weapon into a courthouse.

According to the criminal complaint:

On June 4, Swensen was going through the weapons screening station at the courthouse's Family Justice Center. Swensen placed her bag on the conveyor belt, retrieved it and left before security officers noticed that the bag appeared to contain a handgun.

Deputies found Swensen in the Family Court Record Center and searched her bag. Inside they found a semiautomatic Beretta handgun and a loaded magazine with seven rounds, the complaint said.

Swensen told the deputies that she forgot she had it with her, the complaint said. She is not in custody.

The Hennepin County Government Center in Minneapolis began screening people for weapons in March 2005 after a fatal shooting inside the courthouse in September 2003.

State law allows people with permits to carry pistols but prohibits the weapons from courthouse complexes unless the county sheriff has given permission, the Bureau of Criminal Apprehension website says.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 6:21 am 
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DeanC wrote:
Strib has a few more details:

Quote:
State law allows people with permits to carry pistols but prohibits the weapons from courthouse complexes unless the county sheriff has given permission, the Bureau of Criminal Apprehension website says.



Notify, NOT given permission :bang:

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 6:26 am 
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plblark wrote:
DeanC wrote:
Strib has a few more details:

Quote:
State law allows people with permits to carry pistols but prohibits the weapons from courthouse complexes unless the county sheriff has given permission, the Bureau of Criminal Apprehension website says.



Notify, NOT given permission :bang:
Bizarrely, the BCA's FAQ got it mostly right, but, unsurprisingly, the Strib read them wrong.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 7:19 am 
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Tempting, very tempting
Quote:
to: vtuss@startribune.com, corrections@startribune.com
There is an error in your story located at: http://www.startribune.com/local/52619502.html

In the story, you state that:
"State law allows people with permits to carry pistols but prohibits the weapons from courthouse complexes unless the county sheriff has given permission, the Bureau of Criminal Apprehension website says."


The BCA website says: "Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)"
The governing law in this case is 609.66 Sub 1g (https://www.revisor.leg.state.mn.us/dat ... 09/66.html):

Subd. 1g. Felony; possession in courthouse or certain
state buildings. (a) A person who commits either of the
following acts is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both:
(1) possesses a dangerous weapon, ammunition, or explosives
within any courthouse complex;
[...]
(b) Unless a person is otherwise prohibited or restricted
by other law to possess a dangerous weapon, this subdivision
does not apply to:

[...]
(2) persons who carry pistols according to the terms of a
permit issued under section 624.714 and who so notify the "
sheriff or the commissioner of public safety, as appropriate;

Please note: it does not require 'permission' but instead requires notification'. According to the law, a permit hold simply needs to notify the sheriff but does not need to receive permission.

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 7:56 am 
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Why not?

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 Post subject: Re: Woman Brings Loaded Gun into Hennepin Co. Court
PostPosted: Fri Aug 07, 2009 7:59 am 
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Good enough for me. If you'd give it another glance for typeaux, I'll send it .

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