Judge hears 2 sides of gun permit issue
State wants law kept during appeal process
BY MARIE MCCAIN
Pioneer Press
Minnesota's law enforcement agencies will lose a funding source if the state's handgun permit law doesn't remain in effect during the court fight over its constitutionality, the state attorney general's office told a Ramsey County judge Monday.
But opponents countered that such an argument doesn't trump the constitutional questions surrounding the law's validity.
Both sides made their case before District Judge John T. Finley, who said he would issue a written decision soon, but did not specify when. In July, Finley overturned one of the state's most contentious new laws when he ruled the Legislature violated the state constitution by improperly attaching the "concealed carry" proposal to a bill for the Department of Natural Resources.
Religious groups, charities and the city of Minneapolis sued to have the law struck down, arguing that it hindered the rights of property owners and interfered with religious freedom.
Minnesota Attorney General Mike Hatch appealed the decision to the state's Supreme Court and Court of Appeals, contending that lawmakers used appropriate procedures when they approved the measure. Hatch also asked Finley to stay his decision while the higher courts decide the appeal.
More than 22,000 handgun permits have been issued since May 28, 2003, when the law went into effect. Under the law â which stripped police chiefs and sheriffs of much of their discretion in granting permits â applicants could be charged up to $100; the old law charged just $10.
Assistant Attorney General William Klumpp Jr. told Finley that law enforcement agencies will have to retrain staff and pull officers off the streets in order to meet the requirements of the state's former handgun-permit law.
More manpower is needed to ensure background checks are done quickly under the old law, he said. The earlier law gave authorities 21 days to process an application and determine whether a permit should be issued. The new law gives officials 30 days.
Klumpp also pointed to a statement from Michael Campion, state public safety commissioner, who said the BCA will no longer update information the agency keeps on those who have applied for a handgun permit.
Under the new law, the BCA was required to maintain that database and regularly update it with information on anyone who has applied for a permit. But under the old law, such a database violated certain privacy statutes. The existing database would remain but would not be updated, Klumpp said.
But David Lillehaug, an attorney for concealed carry opponents, said those reasons are not good enough.
"The state contends that without a stay it would be difficult for the machinery of government to run smoothly. We want it to run constitutionally, not just smoothly," Lillehaug said. He countered that the state has to prove it would be irreparably harmed if no stay were granted.
Finley, at one point, seemed to agree with Lillehaug's argument. He asked Klumpp if Gov. Tim Pawlenty has the power to order a special session of the Legislature or designate the funds himself to help law enforcement offset any funding concerns.
Klumpp said the governor has those powers, but such a move was unlikely.
http://www.twincities.com/mld/twincities/news/politics/capitol/9359370.htm?1c
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