On 6/1/04 10:13 AM, "Joseph E. Olson" <[EMAIL PROTECTED]> wrote:
> The legislative history of the Minnesota carry permit act made it clear
> from the beginning that both the jail and hospital statutes continued in
> effect. This point was made repeatedly. These statutes were passed by
> the Legislature (not a lesser public official) and they continue in full
> force. See also fn 79 in my attached law review article.
That note says, in relevant part,
See e.g., Minn. Stat. �� 97B.211 (while hunting big game by archery, except
bear); 243.55 (correctional facilities or state hospitals); 641.165 (county
jails); 609.66, subd.1g 165 (courthouse facilities or the capital complex
unless notice is given). These sections are express exceptions to the
general rule that carry permits are �effective throughout the state� and
should be strictly construed.
So this is simply an assertion, rather than an argument.
Just on grounds of statutory construction (leaving aside, for the moment,
whatever the state archives might show about legislative intent other than
what is on the face of the statutes), why is this a better formulation than
saying that the jail prohibition on guns is the general provision, with the
later-enacted specific provision of permit holders to be construed as an
exception?
Presumably, the legislature could have said that the permit is valid in all
public places except jails and secure hospitals. It could have amended the
definition of "public places" to exclude such facilities. It could have
amended 243.55 and 641.165 to say "notwithstanding the MCPPA...." It did
none of those.
I realize that this is almost entirely an academic question, since I can't
imagine any judge being willing to be the one to open the jail doors to
guns--even those carried by the good guys. But I find it an interesting
question in how to read apparently conflicting statutes.
--
Bob Woolley
St. Paul, MN
[EMAIL PROTECTED]
"I'm Bob Woolley, and I approved this message."
-- Bob Woolley
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