With many new permit to carry holders out there and with the illegal actions
of municipal and county governments (including the governmental organization
responsible for the State Fair) CCRN’s President, Joe Olson, has prepared the
following regarding the posting at the Minnesota State Fair.
When carrying at the fair, you may also want to carry this e-mail and the
following phone number should you be illegally challenged, detained or ejected
from the fairgrounds. CCRN is interested in any permit holder illegally
challenged, detained or ejected for carrying while on the state fairgrounds for
the purposes of litigation against State Fair Management.
Tim Grant – 612-869-2799
CCRN believes the law is clear. The State Fair's so-called "gun
ban" is invalid as to holders of carry permits.
OUR POSITION
Like other "governmental units" the Minnesota Agricultural Society
(which operates the State Fair) has no authority to ban the possession or carry
of pistols by those who hold carry permits. Carry permit holders are responsible
(they have passed criminal, mental, and chemical dependency background checks),
competent (they have passed a DPS validated training course), adults (age 21)
who are proven good citizens.
The signs posted at the Fairgrounds may be, however, effective against
criminals (who are unlikely to comply) and non permit holders (who are unlikely
to care).
WHAT THE LAW PROVIDES
The Agricultural Society is a governmental unit of the state (Minn. Stat.
sec. 37.14). It has authority to adopt ordinances and rules for the Fairgrounds
(violation of which is a misdemeanor) but only those which are "consistent
with law." (Minn. Stat. sec. 37.16)
Carry permits and their exercise are governed solely by Minn. Stat. sec.
624.714 (enacted in April 2003). That law says, in part:
Subd. 2. Scope. A permit to carry a pistol ... is a state permit and is
effective throughout the state.
Subd. 23. Exclusivity. * * * 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.
By it's rule and signs, the Agricultural Society is attempting to "limit
the exercise of a permit to carry." This it has no lawful power to
accomplish.
Tim Grant