At least as it regards firearms in Minnesota, permit or not?
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| This sign has is in error right? http://ellegon.com/forum/viewtopic.php?f=14&t=14278 |
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| Author: | DeanC [ Sat Oct 03, 2009 2:14 pm ] |
| Post subject: | This sign has is in error right? |
At least as it regards firearms in Minnesota, permit or not?
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| Author: | Andrew Rothman [ Sat Oct 03, 2009 6:13 pm ] |
| Post subject: | Re: This sign has is in error right? |
The sign is correct. Acts which are already illegal (like carrying a gun without a permit) have more severe punishments when committed on school property. Quote: 624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES. <...> A person...who carries, holds, or possesses a pistol...on or about the person's clothes or the person...without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony. Quote: 609.66 DANGEROUS WEAPONS. <...> Subd. 1d.Possession on school property; penalty. [W]hoever possesses, stores, or keeps a dangerous weapon or uses or brandishes a replica firearm or a BB gun while knowingly on school property is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both. |
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| Author: | DeanC [ Sat Oct 03, 2009 6:34 pm ] |
| Post subject: | Re: This sign has is in error right? |
Doh - I guess I knew that. I was thinking of the Federal laws which come into play if there are no state laws. What is that called - the Federal Safe Schools Act? |
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| Author: | jdege [ Sat Oct 03, 2009 9:50 pm ] |
| Post subject: | Re: This sign has is in error right? |
DeanC wrote: Doh - I guess I knew that. I was thinking of the Federal laws which come into play if there are no state laws. What is that called - the Federal Safe Schools Act? That was declared unconstitutional because it didn't affect interstate commerce. After which the law was re-passed, with the text "because it affects interstate commerce" appended. Since which, there haven't been any cases to hit the appellate courts. My guess is the feds aren't prosecuting because they're afraid of having it struck down, again. (And because they really don't want to help build up a chain of cases limiting the commerce clause.) As for the federal law concerning school zones, it applies regardless of state law. It does, though, provide for some exclusions, like possession on private property, or carrying with a permit issued by the state. |
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| Author: | ree [ Mon Oct 05, 2009 8:31 am ] |
| Post subject: | Re: This sign has is in error right? |
Legalities aside, the error is in claiming the school zone is SAFE. |
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