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Woodchuck
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Post subject: Duluth laws  Posted: Mon Dec 04, 2006 5:50 pm |
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| Senior Member |
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Joined: Sat Oct 22, 2005 8:24 pm
Posts: 172
Location: Duluth
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Woodchuck wrote: This still burns my ass! Quote: Article III. Weapons on City Property .
Sec. 49-15. Firearms prohibited on city property.
(a) Policy. It is the policy of the city of Duluth to protect the public health, safety, and welfare; to protect employees of the city of Duluth from fear of serious injuries or death caused by pistols; to protect city employees by reducing the potential for discharge of firearms at city work sites; and to reduce the potential for discharge of firearms on city property by prohibiting the carrying and possession of pistols on city property where members of the public may be present, in public areas, or at public activities, and by prohibiting the carrying and possession of pistols at city work sites;
(b) Definitions:
(1) City property. Any building or recreation center that is owned, operated or controlled by the city of Duluth. City property does not include land or areas that are legally owned, possessed or controlled by a city authority which was created and exists pursuant to a state or federal law;
(2) Pistol. A pistol means a weapon designed to be fired with the use of a single hand and as defined in Minnesota Statutes §624.712, subd. 2, or its successor;
(c) Prohibited acts:
(1) No person shall possess a pistol or otherwise be in possession or control of a pistol on city property, nor shall a person carry a pistol, on city property, whether or not that person has been issued a permit pursuant to Minnesota Statutes §624.711 thru §624.717, and whether or not that person engages in activities for which such permit has been issued;
Anyone know how to force them to change this?
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Stay safe! Chuck
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Srigs
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Post subject: Posted: Mon Dec 04, 2006 6:06 pm |
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| Longtime Regular |
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Joined: Fri Aug 26, 2005 5:40 am
Posts: 3752
Location: East Suburbs
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Sounds like the DPS need to handle this. It is called preemption and they do not get to preempt the law of Minnesota.
Give DPS a call and have them look into it. Also, call the sheriff of the county that Duluth is in so they can inform the city of the law. 
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Srigs
Side Guard Holsters
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton
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JimC
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Post subject: Posted: Mon Dec 04, 2006 7:56 pm |
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Joined: Sat Jul 22, 2006 4:56 pm
Posts: 1109
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To bad a pro gun attorney from Duluth, or elsewhere won't take this case.
It seems a no brainer
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Mike
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Post subject: Posted: Mon Dec 04, 2006 8:51 pm |
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Joined: Thu Oct 12, 2006 7:18 pm
Posts: 402
Location: Saint Paul
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I gotta wonder: What copper worth his salt would ever actually pinch somebody for this?
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Mike
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sigman
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Post subject: Posted: Mon Dec 04, 2006 10:53 pm |
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Joined: Sun Aug 07, 2005 10:20 am
Posts: 1317
Location: Racine, MN
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It looks like the Duluth mayor and his council need a few good kicks in the ass.
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gunflint
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Post subject: Posted: Tue Dec 05, 2006 5:16 am |
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| Longtime Regular |
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Joined: Sat Aug 13, 2005 4:00 am
Posts: 1094
Location: Duluth
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Duluth, who's city motto is "Anything to prevent new business" has adopted an anti-everything attitude over the last decade or so.
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"I wish it to be remembered that I was the last man of my tribe to surrender my rifle" Sitting Bull
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BigRobT
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Post subject: Posted: Tue Dec 05, 2006 10:28 am |
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Joined: Tue Nov 15, 2005 10:25 am
Posts: 1772
Location: North Central Texas (now)
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Well, IMHO, I would THINK that the State Atty General would step up to the plate and handle the situation. After all, it IS their job to ENFORCE the State Laws!!! But, we KNOW that Mike Hatch has no interest in enforcing the State Laws unless it is of benefit to himself.
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A government big enough to give you everything you want is big enough to take everything you have. - Barry Goldwater
"...quemadmodum gladius neminem occidit, occidentis telum est." [...a sword never kills anybody; it's a tool in the killer's hand.] -- (Lucius Annaeus) Seneca "the Younger" (ca. 4 BC-65 AD),
The Nanny State MUST DIE!!!
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Papa Woody
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Post subject: Posted: Wed Jan 03, 2007 1:26 pm |
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Joined: Wed Jul 19, 2006 2:50 pm
Posts: 37
Location: Duluth, MN
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BigRobT wrote: Well, IMHO, I would THINK that the State Atty General would step up to the plate and handle the situation. After all, it IS their job to ENFORCE the State Laws!!! But, we KNOW that Mike Hatch has no interest in enforcing the State Laws unless it is of benefit to himself. I have spoken with St. Louis county sheriff as well as duluth police chief.
Here is the latest response from the police cheif in regards to this issue. I will keep the board updated as it progresses.
Mr. Visocsky,
The last thing we want to do is violate people's rights. I have forwarded this to our City Attorney to review and provide us with a legal opinion.
Respectfully,
Gordon Ramsay
Gordon Ramsay
Chief of Police
Duluth Police Department
411 West 1st Street
Duluth, MN 55802
218-730-5020
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Apdl
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Post subject: Posted: Wed Jan 03, 2007 2:51 pm |
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Joined: Sat Dec 16, 2006 6:42 pm
Posts: 306
Location: Burnsville, MN
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i wanna see what happens with this i like duluth it is sad there anti-gun
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""Driving While Black." There are some cops -- just some -- who appear to think that this is a crime on the books.
"Excuse me, sir; did you know how black you were driving?"" joelr
Springfield XD-9 Daily Carry woot
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kimberman
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Post subject: Posted: Wed Jan 03, 2007 3:50 pm |
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| Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
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It's void. They know it's void.
They hope they can fool some of the people all of the time and the rest of the people part of the time.
See Minn. Stat. sec. 471.633.
Quote: 471.633 FIREARMS.
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the
complete exclusion of any order, ordinance or regulation by them except that:
(a) a governmental subdivision may regulate the discharge of firearms; and
(b) a governmental subdivision may adopt regulations identical to state law.
Local regulation inconsistent with this section is void.
History: 1985 c 144 s 1
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joelr
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Post subject: Posted: Wed Jan 03, 2007 4:56 pm |
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Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
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kimberman wrote: ... See Minn. Stat. sec. 471.633. Quote: 471.633 FIREARMS.
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the
complete exclusion of any order, ordinance or regulation by them except that:
(a) a governmental subdivision may regulate the discharge of firearms; and
(b) a governmental subdivision may adopt regulations identical to state law.
Local regulation inconsistent with this section is void.
History: 1985 c 144 s 1 Hard to see how the law could be clearer than that.
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Just a guy.
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JimC
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Post subject: Posted: Wed Jan 03, 2007 5:52 pm |
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Joined: Sat Jul 22, 2006 4:56 pm
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I wrote the NRA asking if they could possibly help us straighten Duluth out, Explained everything to them.
Never got a reply 
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kimberman
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Post subject: Posted: Wed Jan 03, 2007 7:45 pm |
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| Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
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JimC wrote: I wrote the NRA asking if they could possibly help us straighten Duluth out, Explained everything to them. Never got a reply If the City isn't enforcing the void ordinance, it will be hard to get a court interested in striking it down. If the city pushes it in a criminal action, then things will move. Probably better to contact the Public Defender's Office and make sure they know of 471.633. A law degree doesn't guarantee knowledge of statutes which aren't part of the Criminal Code.
In addition, judges are capable of incredible mental gymnastics in order to guarantee gun owners lose. I've been following decisions for 30 years; nothing would surprise me. In fact, I'm no longer sure that anyone can write any statute using any language that determined Minnesota judges can't and won't twist into following their own policy preferences (legislating from the bench).
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JimC
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Post subject: Posted: Wed Jan 03, 2007 11:20 pm |
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Joined: Sat Jul 22, 2006 4:56 pm
Posts: 1109
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I thought maybe a NRA attorney could send a simple letter to the Duluth Mayor/council etc restating Minnesota law to them, and if a case was ever pursed, they'd help fight it.
Might make the Duluth Mayor/council etc think twice before putting their own gun laws into effect.
At least the NRA could of answered me.
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Srigs
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Post subject: Posted: Thu Jan 04, 2007 7:06 am |
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| Longtime Regular |
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Joined: Fri Aug 26, 2005 5:40 am
Posts: 3752
Location: East Suburbs
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JimC wrote: I thought maybe a NRA attorney could send a simple letter to the Duluth Mayor/council etc restating Minnesota law to them, and if a case was ever pursed, they'd help fight it.
Might make the Duluth Mayor/council etc think twice before putting their own gun laws into effect.
At least the NRA could of answered me. Is that not the AGs job? Lets get the new AG to do it or even the old AG since he works for her!
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Srigs
Side Guard Holsters
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton
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