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matt160
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Post subject: [MN Leg] HF 92  Posted: Fri Jan 12, 2007 11:36 am |
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| Longtime Regular |
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Joined: Sun Aug 07, 2005 8:18 am
Posts: 1086
Location: Anoka, MN
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Looks like they want to bounce the hunting licenses off of the BCA.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0092.0.html&session=ls85
Quote: H.F. No. 92, as introduced - 85th Legislative Session (2007-2008) Posted on Jan 11, 2007
1.1 A bill for an act
1.2 relating to public safety; requiring the commissioner of public safety to determine
1.3 whether hunting licensees are ineligible to possess a firearm and, if so, to notify
1.4 specified governmental officials;proposing coding for new law in Minnesota
1.5 Statutes, chapter 299A.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [299A.82] HUNTING LICENSEES; INELIGIBILITY TO POSSESS
1.8 FIREARMS.
1.9 (a) The commissioner of public safety shall review information on individuals who
1.10 possess a license to take game by firearm and determine whether any of these individuals
1.11 are ineligible to possess a firearm under state or federal law.
1.12 (b) By October 1 of each year, the commissioner shall forward the names of potential
1.13 matches and other pertinent information on individuals identified under paragraph (a) to
1.14 the commissioner of natural resources, the superintendent of the Bureau of Criminal
1.15 Apprehension, the state court administrator, the commissioner of corrections, the chief
1.16 law enforcement officer of the law enforcement agency having jurisdiction over where
1.17 the individual resides, and, if applicable, the individual's correctional agent and the chief
1.18 law enforcement officer of any law enforcement agency having an outstanding warrant
1.19 for the individual.
1.20 EFFECTIVE DATE.This section is effective August 1, 2007.
_________________
"Criminals thrive on the indulgence of society's understanding."
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud
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A Brit in MN
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Post subject: Posted: Fri Jan 12, 2007 12:02 pm |
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Joined: Tue Apr 11, 2006 4:32 pm
Posts: 1803
Location: Woodbury
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plblark
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Post subject: Posted: Fri Jan 12, 2007 12:20 pm |
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Joined: Thu Mar 16, 2006 10:41 am
Posts: 4468
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DO I remember correctly that in party hunting you can take as many deer as there are tags in your party or something close? So someone with a license but prohibited from firearms could still participate...?
Or am I wrong (Again)
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joelr
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Post subject: Posted: Fri Jan 12, 2007 12:28 pm |
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| The Man |
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Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
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plblark wrote: DO I remember correctly that in party hunting you can take as many deer as there are tags in your party or something close? So someone with a license but prohibited from firearms could still participate...?
Probably. That said, it would be a fair guess that somebody who is taking out a hunting license is intending to possess a firearm, and convicted violent felons are prohibited from doing that (as are other convicted felons, until ten years from expiry of sentence).
So, in principle, I really don't see a problem with that sort of background check, provided it can be done after the issuance of the permit, so as not to discommode something like 99.999% of the applicants, who won't be prohibited from possessing firearms.
That said, as criminality in the state goes, is hunting by people prohibited by a felony conviction the sort of offense against the public order that it's worth spending finite governmental time and money on? I'm willing to be persuaded, but I think it would take some persuading.
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Just a guy.
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Pinnacle
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Post subject: Posted: Fri Jan 12, 2007 12:30 pm |
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Joined: Fri Feb 24, 2006 4:41 pm
Posts: 1807
Location: Western Burbs of MPLS
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Another case of amking something illegal more illegal.
Last time that I checked - Felons could not possess firearms - so lets make government more a part of life by checking the fact that felons should not be able to hunt - when they know that to begin with.
Oy vay
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DeanC
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Post subject: Posted: Fri Jan 12, 2007 12:33 pm |
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Joined: Thu Mar 09, 2006 9:54 am
Posts: 5270
Location: Minneapolis
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It sounds like a fishing expedition to me. (pun intended)
It's already bad enough that they are using the system to try and catch deadbeats by requiring you to disclose your SS number.
At first blush, if it makes the process for me to get my license for my state-constitutionally guaranteed right to hunt* take longer, I am dead-set against it.
Next thing, they'll want the serial numbers of the firearms I intend to hunt with, then a NICS check.
Quote: *Sec. 12. PRESERVATION OF HUNTING AND FISHING. Hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. (Adopted, November 3, 1998)
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I am defending myself... in favor of that!
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oldhippy
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Post subject: Posted: Fri Jan 12, 2007 1:39 pm |
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Joined: Fri Sep 01, 2006 12:03 pm
Posts: 39
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In other words if you are not allowed to have a gun in your possession they are saying that you should not buy a license to further game conservation. Buying a license is no guarentee that you will hunt.
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hammAR
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Post subject: Posted: Fri Jan 12, 2007 2:19 pm |
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Joined: Fri Dec 16, 2005 7:54 pm
Posts: 1941
Location: N 44°56.621` W 093°11.256 (St Paul)
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 Do you feel the noose tightening.....tinfoil hats-one more little innocent, I don't object to that cause it doesn't affect me piece of legislation and some more data into the datawarehouse........
identify = 5 year plan
control = 10 year plan
eliminate = 15 year execution!
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DeanC
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Post subject: Posted: Fri Jan 12, 2007 2:35 pm |
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Joined: Thu Mar 09, 2006 9:54 am
Posts: 5270
Location: Minneapolis
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oldhippy wrote: In other words if you are not allowed to have a gun in your possession they are saying that you should not buy a license to further game conservation. Buying a license is no guarentee that you will hunt. I think what they are saying is:
"We think that there are people out there who are prohibited from possessing guns who might actually be possessing them. Let's create a bureaucratic mechanism to check and see if this is so."
The more I think about it, it's just feel-good legislation. So what if they cross-check databases? They have to actually catch the guy with the gun. Are they going to comb the woods looking for him? I don't think the purchase of a firearms hunting license is prima facie evidence of possession of a firearm. They don't require you to own a gun to buy the license. And, if the convict has any worries about them coming to his house, I'm sure he'd just store his gun at his buddy's house.
They should just make it illegal for felons to buy the license, then on Nov 30 of every year, run the database cross-check and issue arrest warrants.
This going around cross-checking for the possibility of a criminal act is creepy.
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I am defending myself... in favor of that!
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matt160
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Post subject: Posted: Fri Jan 12, 2007 2:56 pm |
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Joined: Sun Aug 07, 2005 8:18 am
Posts: 1086
Location: Anoka, MN
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I am waiting for the amendments that the anti's throw at it.
_________________
"Criminals thrive on the indulgence of society's understanding."
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud
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joelr
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Post subject: Posted: Fri Jan 12, 2007 3:08 pm |
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| The Man |
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Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
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DeanC wrote: They should just make it illegal for felons to buy the license, then on Nov 30 of every year, run the database cross-check and issue arrest warrants.
I really like that idea. It accomplishes the legitimate goal, and enables the felon to voluntarily self-incriminate by committing the act.
Unless I hear a persuasive reason not to, I'm going to suggest it to the sponsor, and see what happens.
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Just a guy.
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hammAR
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Post subject: Posted: Fri Jan 12, 2007 3:45 pm |
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Joined: Fri Dec 16, 2005 7:54 pm
Posts: 1941
Location: N 44°56.621` W 093°11.256 (St Paul)
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Because they purchase a license, does not by itself necessarily mean that he owns or is in possession of a firearm,
however, by your logic the law and courts would by implication then be able to issue and execute both an arrest warrant, as well as a search warrants highlighted by no-knock and for an armed-felon................I can see where this would lead..........
Who gets shot first, cops or folks in the house/car... 
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Mike
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Post subject: Posted: Fri Jan 12, 2007 4:24 pm |
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Joined: Thu Oct 12, 2006 7:18 pm
Posts: 402
Location: Saint Paul
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I think Joel did a better job expressing my sentiments that I would've. Having said that, I'd be thinking a felon applying for a firearms hunting license would have easily reached the threshold of incrimination to get a search warrant and go bust the guy for felon in possession. If the good people are son interested in this then why not go and do it? Today? With no further legislative non-sense? 
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Mike
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DeanC
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Post subject: Posted: Fri Jan 12, 2007 4:39 pm |
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Joined: Thu Mar 09, 2006 9:54 am
Posts: 5270
Location: Minneapolis
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I'll have to look again, but I think you can buy a firearms license over the internet. If you knew someone was a felon and had some of their personal info, you could theoretically get the cops to execute a search warrant on them for no good reason should the bill become law.
Edit- I know you can apply for a turkey license and small game over the internet.
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I am defending myself... in favor of that!
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hammAR
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Post subject: Posted: Fri Jan 12, 2007 5:48 pm |
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Joined: Fri Dec 16, 2005 7:54 pm
Posts: 1941
Location: N 44°56.621` W 093°11.256 (St Paul)
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Mike wrote: .... I'd be thinking a felon applying for a firearms hunting license would have easily reached the threshold of incrimination to get a search warrant and go bust the guy for felon in possession. No probable cause.
There is not a law that I know of that states that a felon can not apply and receive a hunting license. If there is then I will rescind this post and apologize.
Anyone want to volunteer as a "test case".....
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