http://www.rochestermn.gov/departments/ ... ord45b.pdf

umm nope.

That ordinance was probably put in place before the MCPPA was enacted. I don't think we can expect the local governments to be so efficient that they'll update their local ordinances to be inline with the MCPPA. They clearly could not enforce that part on a permit holder.

I finally got to part C. No stones or missiles? I guess I can still throw sticks there, and perhaps small pebbles. I'll certainly leave my missiles at home though.

Minnesota's preemption has been in effect since 1985. Cities have had enough time...

But would their officers try? Standing in front of that sign, would an officer arrest or hassle you for carrying under a Permit?

I sense they're thinking that they don't have to accept any law unless it suits their thinking how the law should be.

Like taxes, laws and ordinances never go away (even when proven to be bad government), they just keep stacking up.

Excellent point, Pakrat. I spoke without knowing. A little googling found this great document providing a summary of the history of the right to carry in MN:

http://fingusite.com/resume/ccrn_hist.pdf

I imagine many of you already knew this stuff.

The document itself shows that it was last updated on 3/17/03, just 15 days before the governor signed the carry law.

It was probably a last-ditch effort to get something in before the carry law passed. They have not bothered to correct it since.

I'm drafting a letter to the city council. They should fix this.

Hey look at that. Ask a dumb question and get a great answer back. Thank you.



Any luck with that? I should send a letter too being that I have a Rochester address and a park right next to my place. Could I get a copy of the letter to use for ideas?

Here's the letter I sent.

I agree that you should send a letter -- but why not attend tonight's city council meeting?

http://www.rochestermn.gov/departments/ ... /index.asp

Regular Council Meetings

Regular City Council meetings are held on the first and third Mondays of each month at 7:00pm in the Council/Board Chambers at City Hall.

The meetings can be viewed on Government Access - Channel 19.

201 4th Street SE
Rochester, Mn 55904

In fact, if some Rochester person could start taping these meetings in case the subject comes up, I'd be grateful.

BoggleBoggleBoggle....


Within ten minutes of sending the email, I had a reply from the city council president.




I'm cautiously optimistic. Let's not push things until Mr. Hanson and Mr. Adkins have had a few days to work on this.

Andrew,
Coincidentally, both the Council President and 1st Ward Councilman live in my neighborhood. Both Denny Hanson and Ed Hruska are good men but I'm not sure of their personal stances on the MPPA. I have sent the following to them and I thank you for bringing this to my attention.
Steve Wampler

Dec 03, 2007

Council President Hanson and Councilman Hruska,

I am in receipt of a copy of a letter (see below) to you from Mr Andrew Rothman of the Minnesota Association of Defensive Firearm Instructors (see below). In short, I concur with Mr Rothman in that the mentioned Rochester Ordinance is in need of updating. If it is not updated, at some point in time there will no doubt be a case resulting in multi level confusion-with possible inherent personal safety issues. Mr Rothman has detailed the problem very effectively and it shouldn't take too much effort to bring the Rochester ordinance into alignmment with State Statute. Thank you both in advance for taking any steps you deem appropriate to effect this change!

Sincerely


Steve Wampler
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Mr. Hanson and members of the City Council,

I have recently been made aware that a portion of Rochester ordinances is out of date and inconsistent with state law.

Specifically, "45B. Use of Parks, Park Trails and Parkways" states:


45B.02. Firearms and Fireworks. Subdivision 1. No person shall do any of the following within a park or upon the parkways or trails:
a. carry, fire or discharge any gun, pistol or other firearm;



As I am sure you are aware, the Minnesota Citizens Personal Protection Act of 2003, codified in Minnesota Statute 624.714, allows persons issued a permit by their country sheriff to carry a firearm on or about their persons in a public place -- including a public park. The permit is, as Subdivision 2(c) makes clear, "...a state permit...effective throughout the state," including, of course, Rochester.

The statute also specifically states, in Subdivision 23, that "No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or governmental authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry."

To keep Rochester in compliance with state law and to avoid any unfortunate and potentiall dangerous confusion on the part of law enforcement personnel or other citizens, I respectfully recommend that the city council take steps, starting at its December 3 meeting, to revise the Rochester ordinance to conform to state law.

This may be done by simply striking the word "carry" from part (a) of the ordinance in question.

If you have any questions, I am at your service. I look forward to your timely reply.

Sincerely,

Andrew Rothman
Executive Director
Minnesota Association of Defensive Firearm Instructors