Minnesota State Fair Discussions
Author |
Message |
Pakrat
|
Post subject: Minnesota State Fair Discussions Posted: Wed Aug 10, 2005 1:25 pm |
|
Forum Moderator/<br>AV Geek |
|
Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
|
Well, I forgot everything that had been discussed about carrying on the State Fair grounds... Is this right: The Fair grounds are owned by the state, so they cannot ban guns?
I won't have my permit by this year's fair.
Feel free to discuss anything else 'Fair' related here also.
|
|
|
|
|
reaver3
|
Post subject: You're correct Posted: Wed Aug 10, 2005 1:43 pm |
|
Activist Extraordinaire |
|
Joined: Mon Aug 08, 2005 10:02 pm Posts: 546 Location: Scottsdale, Arizona
|
The fairgrounds are public property, so they cannot ban carry. I've open carried there the last 2 years without any problems at all. It's wise to go with max retention if you do carry open, however, because of the enormous crowds. Concealed is no problem at all.
|
|
|
|
|
grayskys
|
Post subject: Posted: Thu Aug 11, 2005 11:13 am |
|
Joined: Sun Aug 07, 2005 10:53 pm Posts: 1725
|
I don't think I would carry openly at the State Fair. They do post and they believe they have the power to ban carry on the State Fair grounds.
The State Fair does have a special status under State Law and I wouldn't want to be the test case.
When I go (and I probably will not attend this year) I carry in a fanny pack (and not one that says "gun inside").
|
|
|
|
|
Andrew Rothman
|
Post subject: Posted: Thu Aug 11, 2005 12:39 pm |
|
Longtime Regular |
|
Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
|
grayskys wrote: I don't think I would carry openly at the State Fair. They do post and they believe they have the power to ban carry on the State Fair grounds. I am pretty darn sure they don't have that power. The carry law is clear on that. Quote: (4) "Private establishment" means a building, structure, or portion thereof that is owned, leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose. ( http://www.revisor.leg.state.mn.us/data ... 4/714.html) grayskys wrote: The State Fair does have a special status under State Law and I wouldn't want to be the test case.
Here are Minnesota statutes containing the phrase "state fair." I see nothing that would permit them to ban carry.
http://tinyurl.com/affse
|
|
|
|
|
reaver3
|
Post subject: They only posted the first year... Posted: Thu Aug 11, 2005 2:42 pm |
|
Activist Extraordinaire |
|
Joined: Mon Aug 08, 2005 10:02 pm Posts: 546 Location: Scottsdale, Arizona
|
and then were told that they couldn't. They did not post last year, I was specifically looking for the signs. I carried openly for 2 days, talked to the governor, talked to police officers in the DNR booth, no problems at all. Dan Patch Avenue is the same as Chicago Avenue, a public street. They cannot ban carry.
Doug
|
|
|
|
|
grayskys
|
Post subject: Posted: Fri Aug 12, 2005 8:16 am |
|
Joined: Sun Aug 07, 2005 10:53 pm Posts: 1725
|
I remember seeing the signs posted last year (improperly thou...). Please don't get me wrong, I believe they don't have the power to ban guns, I just think that they think they do.
I am glad it worked out for you (reaver3) last year, it is just that I will not carry openly at the state fair until I am sure I am not going to get harrassed or arrested by the police. Just because the law say something doesn't mean the judges will see it that way.
As I remember MPLS, St. Paul, and the U of M ban guns in violation of the mcppa-2005, MPLS and St. Paul are "home rule cities" and the U of M is a constitutional body. I am going to be careful about were I carry openly as I still don't want to be a test case.
|
|
|
|
|
Brewman
|
Post subject: Posted: Fri Aug 12, 2005 10:00 am |
|
Longtime Regular |
|
Joined: Mon Aug 08, 2005 2:39 pm Posts: 1132 Location: Prior Lake, MN
|
Carry concealed, then.
_________________ Brewman
|
|
|
|
|
kimberman
|
Post subject: Posted: Fri Aug 12, 2005 3:21 pm |
|
Wise Elder |
|
Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
|
This is the correct language that bans the State Fair from posting. It also covers every other public building in Minnesota (except courthouses, jails, prisons, and state hospitals - under old laws). Minn. Stat. sec. 624.714, subdivision 23 says, in part: NO ... governmental unit (the State Fair is a unit of state government) ... may LIMIT THE EXERCISE of a permit to carry." As subdivision 2 (c) makes clear, the permit "is effective throughout the state", including Hennepin and Ramsey counties, the State Fair, state Parks, etc.
|
|
|
|
|
dancar
|
Post subject: State Fair Carry Posted: Fri Aug 12, 2005 3:35 pm |
|
Joined: Thu Aug 11, 2005 6:48 am Posts: 121 Location: St. Louis Park, MN
|
If no governmental entity can limit the exercise of this right, then why do we let the DNR get away with saying we can't carry in State parks? I'm aware of their interpretations, but even the BCA website doesn't list state parks as places off limit. I would love to get a legal finding without having to go the test case route. Isn't there a way to just ask for a ruling? No wait.... that's just gotta be too simple!
|
|
|
|
|
kimberman
|
Post subject: Re: State Fair Carry Posted: Fri Aug 12, 2005 6:35 pm |
|
Wise Elder |
|
Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
|
dancar wrote: If no governmental entity can limit the exercise of this right, then why do we let the DNR get away with saying we can't carry in State parks? Isn't there a way to just ask for a ruling? No wait.... that's just gotta be too simple!
Yes. Someone did. That's why we have the problomatic "ruling" that we do. Sometimes it's better not to pick at a scab.
|
|
|
|
|
Steelheart
|
Post subject: Posted: Sat Aug 13, 2005 9:20 am |
|
Joined: Mon Aug 08, 2005 12:01 am Posts: 188 Location: south central Minnesota
|
I've carried in State Parks ever since I got my permit. If you're hiking a ways from any road and you suddenly NEED your gun, is there going to be a DNR official there to protect you? I figure that the only way I'll end up a test case, is if I needed the gun in the first place. And I have to survive for it to matter.
Steelheart
|
|
|
|
|
mobocracy
|
Post subject: Posted: Sat Aug 13, 2005 6:40 pm |
|
Forum Moderator |
|
Joined: Thu Aug 11, 2005 6:55 pm Posts: 986
|
KimberMan wrote: This is the correct language that bans the State Fair from posting. It also covers every other public building in Minnesota (except courthouses, jails, prisons, and state hospitals - under old laws). Minn. Stat. sec. 624.714, subdivision 23 says, in part: NO ... governmental unit (the State Fair is a unit of state government) ... may LIMIT THE EXERCISE of a permit to carry." As subdivision 2 (c) makes clear, the permit "is effective throughout the state", including Hennepin and Ramsey counties, the State Fair, state Parks, etc.
There was a State Fair guy on AM1500 last week who was saying that they aren't connected to the state and don't get money from them.
Someone above in this thread said that the state owns the land, but obviously since the State Fair "corporation" collects all the gate money and doesn't give any to the state they must have some kind of perpetual lease or exclusive use of the grounds and the streets during the fair.
What's strange is that it reminds me of a shopping mall, since the "fair" doesn't actually _sell_ anything, but there are a bunch of independent vendors inside.
|
|
|
|
|
mobocracy
|
Post subject: Posted: Sat Aug 13, 2005 6:45 pm |
|
Forum Moderator |
|
Joined: Thu Aug 11, 2005 6:55 pm Posts: 986
|
Steelheart wrote: I've carried in State Parks ever since I got my permit. If you're hiking a ways from any road and you suddenly NEED your gun, is there going to be a DNR official there to protect you? I figure that the only way I'll end up a test case, is if I needed the gun in the first place. And I have to survive for it to matter.
Ideal situation would have been the woman recently attacked by a bear -- if someone had intervened with a carry gun and killed the bear, what would they have done?
|
|
|
|
|
kimberman
|
Post subject: Posted: Sun Aug 14, 2005 12:20 pm |
|
Wise Elder |
|
Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
|
mobocracy wrote: There was a State Fair guy on AM1500 last week who was saying that they aren't connected to the state and don't get money from them.
Not true.
The "State Fair" is owned and managed by the State Agriculturical
Society. See statutes Chapter 37.
Statute sec. 37.01 provides "The State Agricultural Society is a
public corporation."
Statute sec. 118A.01 provides "Definitions. *** Subd. 2. Government
entity. (a) 'Government entity' means a county, city, town, school
district, hospital district, public authority, public corporation, public commission, special district, any other
political subdivision, except [a pension fund]."
THE STATE FAIR IS A PART OF STATE GOVERNMENT.
Statute sec. 624.714, subd. 22 denies any "governmental unit
... or ... body acting under color of law or governmental authority"
[including so-called government entities] any authority to "limit the exercise of a permit to carry."
|
|
|
|
|
Pakrat
|
Post subject: RE: DNR Opinion Posted: Mon Aug 15, 2005 7:49 am |
|
Forum Moderator/<br>AV Geek |
|
Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
|
Can anyone comment on this document posted on Packing.org?
I skimmed it last week and it sounds as if the DNR retracted it's original stance.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
|
|
|
|
|
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Users browsing this forum: No registered users and 33 guests |
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum
|