MPPA UPDATE -- THE MINNESOTA STATE FAIR  

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

 

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Last modified: April 01, 2004