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 Asking Judge Kevin Burke 2 modify Hennepin Court Pistol ban? 
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 Post subject: Asking Judge Kevin Burke 2 modify Hennepin Court Pistol ban?
PostPosted: Fri Apr 10, 2009 1:06 am 
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Quote:
In the 4th Judicial District, Chief Judge Kevin Burke banned all guns from the Hennepin County Government Center.


Why not just ask Chief Judge Kevin Burke to modify his firearm ban in The entire Hennepin county building?

or

Modify it to require the Hennepin County Sheriff Office to provide secure storage for civilian firearms.

Just a thought.


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PostPosted: Fri Apr 10, 2009 5:34 am 
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I don't see any problem with asking; doubt it'll work, mind you, but I can't see any harm. Am I missing something?

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PostPosted: Fri Apr 10, 2009 11:32 am 
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If it were me and I felt like testing the waters, I would speak with my lawyer before I did anything. I would also ask my lawyer about the following strategy:

-Give notice to the sheriff.

-Get the letter from the sheriff that says a Court Order prohibits carry.

-Ask for a copy of the Order (assuming the sheriff hasn't already given me one).

-Read the Order to see exactly what it prohibits. (I am assuming it prohibits carry in the entire building, not just past the security check points.)

-Then start small. Write a letter asking the Judge if I could renew my license tabs, eat at my favorite cafe, or go to my favorite coffee shop. All of these things are located inside the government center, but outside the security check points.

-If the Judge says yes, then my next letter would ask for a little more. Maybe I want to read the news paper in the law library (because I recently cancelled my own subscription to save money), or maybe I have to examine the title to my house to ensure it reflects that my mortgage has been satisfied. These are things that are located inside the security check points, but outside of the actual courtrooms.

-If I got a no to this request (or to my first one), then I might ask about storage facilities.

As I see it, the tough (and expensive to pursue) part comes into play when the Judge says no to everything; for choosing to pursue the matter would require getting the Court of Appeals to weigh in on the issue.


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PostPosted: Fri Apr 10, 2009 11:52 am 
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Another route would be to try and find a candidate to replace the Judge at election time :wink:

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PostPosted: Fri Apr 10, 2009 12:00 pm 
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Burke hasn't been chief judge for some time. I suspect the current chief would be the only one with the authority to issue a new order.

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PostPosted: Fri Apr 10, 2009 6:43 pm 
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I'm not an activist and I don't want to muck-up something by getting in "over my head"

I don't think firearms belong in court rooms...emotions are just too high....you've seen the brawls during sentencing and reading of verdicts.

Ban the courtrooms and the hallways...but Burkes ruling is overbroad.

I'm thinking that as long as he's writing orders to ban things why stop there???? Write another order directing the Hennepin County Sheriff to provide safe storage for the affected firearms?

Two reasons here: Judge Kevin Burke seems like a reasonable fairminded person....he even does a cable TV show about something...I observed him in court one day sentencing a DrugThug to 10 years in Prison....he was actually very ???? "personable" about it.

Also Heller. It's an individual right not a vague concept from the dead sea scrolls...

His order was made...."Pre-Heller" this is "Post-Heller" the benefit of safety now needs to be balanced against MY VERY REAL INDIVIDUAL RIGHT TO BEAR ARMS. I think he should hear a "grass-roots" voice telling him...your ruling is dated / obsolete...we have settled case law...you're encroaching on my very real individual right.

So...someone who regularly devotes hours to these issues and knows how to frame the request could take 20 minutes and write the guy a personal letter...something way removed from a test case.

It would be a letter from a knowledable member of the Civilian Firearms Community one of the WIZE ELDERS HERE "asking" him to reconsider his original opinion...informally ...I'd bet a cheeseburger (Juicey Lucy) that the author would at least get a thoughtful reply.

Hey...whoever writes it...I'll sign on. Not a pettition just a letter.

Who want's to do this? A Juicey Lucy from Matt's on Cedar is the reward.


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PostPosted: Fri Apr 10, 2009 7:51 pm 
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Quote:
onebohemian says:

Burke hasn't been chief judge for some time. I suspect the current chief would be the only one with the authority to issue a new order.

According to the Court's website, the current Chief Judge in the Fourth Judicial District (Hennepin) is the Honorable James T. Swenson.

Quote:
12smile says:

Ban the courtrooms and the hallways...but Burkes ruling is overbroad.

If I had to guess, the practical fact that the metal detectors are placed at choke points would be what drives the decision of where the line should be drawn. That is why, if I were on the District Court bench, and I thought someone might actually pursue the issue to the Court of Appeals (with a competent lawyer), I might be inclined to concede everything outside of he metal detectors. The Courts of Appeals and the Supreme Court would need far fewer metal detectors and security personal to actually have the line be drawn at the courtroom door...which suggests that the District Court might fear that the courtroom door is where the line might be drawn by the powers that be.


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PostPosted: Sat Apr 11, 2009 10:06 am 
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with the number of permits being issued in Minnesota and also in states with reciprocity i myself have wondered why there is not secure storage for firearms at courthouses or at government centers that do not permit firearms within the facility.
is there some legal issue/ramification if they were to allow this on the premises?

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PostPosted: Sat Apr 11, 2009 5:25 pm 
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Ramsey County provides secure storage at no charge. The security folks are very polite and nice to deal with. Something Hennepin County could copy.

Judge Burke's order goes far, far beyond the similar order issued by the Supreme Court regarding its facilities. The problem is one of overbreath and IRRATIONAL fear of certified "good guys." Maybe, after 6 years, he's ready to listen to the facts.


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PostPosted: Sat Apr 11, 2009 10:34 pm 
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OK,
I didn't know Ramsey was being so reasonable. So, How about Joel or Andrew doing a 3 paragraph letter to whoever is Big Kahauna at Hennepin.

I like the simple idea of "post Heller"...the background has changed and the Judge is getting a note from a civilian.


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PostPosted: Sat Apr 11, 2009 10:35 pm 
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12smile wrote:
OK,
I didn't know Ramsey was being so reasonable. So, How about Joel or Andrew doing a 3 paragraph letter to whoever is Big Kahauna at Hennepin.

I like the simple idea of "post Heller"...the background has changed and the Judge is getting a note from a civilian.
Works for me. If I don't get a round tuit quickly enough, remind me -- unless Andrew beats me to it, which would be fine; I'm notoriously lazy.

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PostPosted: Sat Apr 11, 2009 10:43 pm 
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Remember,
a Juicey Lucy from Matt's on Cedar is at stake :)


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PostPosted: Sun Apr 12, 2009 12:08 am 
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Nah, if I wanted to beat my head against a wall for a while, I'd ask Bob Fletcher to administer the permit program in Ramsey County fairly. :roll:

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PostPosted: Sun Apr 12, 2009 3:56 pm 
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Here is a starting point. I know there are many others than Andrew or Joel who can add/subtract from this to make a decent letter. This took all of 5 minutes.

Dear Chief Judge,

I am writing to ask for your consideration of lifting the ban, first enacted by then Chief Judge Burke, on carrying of a pistol within the Hennepin county courthouses. While there is some debate about the carry of a pistol into a courtroom, I am asking for the parameters of the current ban to be curtailed. Presently, the entire facility, including hallways and common areas, fall under the ban.

Not only does this present an added security cost to the county, as the area to be surveyaled is large, for those of us who do carry, it presents a problem of what to do with our pistols when we enter the courthouse as there is no storage available.

Finally, in light of the Supreme Court’s Heller decision, Judge Burke’s order may be considered overly broad and possibly in violation of the US Constitution.

Therefore, I am asking that you, at least, restructure the ban against carry of a pistol to include only directly into a courtroom.

Thank you for your time and consideration of my request. I would be happy to discuss it further, at your convenience, should you so desire. I look forward to hearing from you soon.

Sincerely,

Moby Clarke

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PostPosted: Sun Apr 12, 2009 5:32 pm 
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Might I make a few suggestions?

Quote:
then Chief Judge Burke, on carrying of a pistol within the Hennepin county courthouses

should that be : ..., on legally carrying a pistol within...

Quote:
to be surveyaled is large, for those of us who do carry

could that be: for those of us who are permitted to carry,....


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