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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.
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Notifying the Sheriff of Intent to Carry At Courthouse Compl
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CustomEclipseII
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Post subject: Notifying the Sheriff of Intent to Carry At Courthouse Compl Posted: Wed Dec 17, 2008 7:38 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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This is my first post, but I have been following the writings on this forum for what seems like several years. In addition, I have been a permit holder since 2004.
I have been trying to articulate the pros and cons of giving the sheriff notice of an intent to carry at the local courthouse complex. I have also been thinking about reasons why one might give such notice, despite knowing that a standing court order exists prohibiting such carry.
If a Sheriff can “push the envelope” when it comes to the issuance of permits, does anyone see any negative consequences for “the cause” if all permit holders decided to be more assertive about some of the rights that come with having a permit?
An illustrative example:
Sheriff decides to “fail to inform an applicant of denial within 30 days” knowing that doing so permits an applicant to carry as a matter of law. Sheriff then says he will issue permit card within a week to ten days, deciding that this is “prompt” and citing the statute that says the Sheriff obligation is to “promptly” issue a permit if an applicant is not notified of denial within 30 days.
If seven to ten days is not “prompt” within the meaning of the statute, an applicant has no real remedy for this wrong if the permit actually does issue within seven to ten days. (In my mind it takes at least seven to ten days to set the stage before petitioning the Court for a writ of mandamus under circumstances like these.)
In the face of such behavior, why shouldn’t permit holders be more assertive of their rights? Why shouldn’t all permit holders give their local sheriff notice of intent to carry at their local courthouse complex? Why not force the sheriff to deal with notice from 56,054 people, who are more than happy to abide by a standing court order, but unwilling to be intimidated into submission by a sheriff?
Many people have decided it is appropriate to give the commissioner notice of their intent to carry at the capital. At least at the administrative level, why don’t permit holders walk the line just like the sheriff has decided to do?
Note: My goal is to avoid a discussion on the prudence/effectiveness of open carry in this post.
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hypertech
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Post subject: Posted: Wed Dec 17, 2008 8:12 pm |
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Joined: Sun Nov 26, 2006 10:40 pm Posts: 363
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Because if you walk the line and slip past it, there a big consequences.
If the sherriff walks the line and skips past it and does a little dance on the other side, pretty much nothing happens.
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jaysong
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Post subject: Posted: Wed Dec 17, 2008 8:14 pm |
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Joined: Mon Dec 11, 2006 12:09 am Posts: 983 Location: Brewster
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First off let me say Welcome. Interesting take on notifying the sheriff of intent to carry in the court house after 30 days if you have have received no denial. Many do issue notification letters but I have never though of notifying to get force the sheriff to issue a permit or denial in accordance with the law. Maybe I am misreading your post, but this is an interesting concept to me. In my area usually my students receive their permit in less than two weeks. Only once do I stop and visit a sheriff when one of my students had waited 35 days. It was an oversight that the sheriff promptly corrected.
_________________ Professional Firearms Training. LLC.
http://www.mngunclass.com
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CustomEclipseII
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Post subject: Posted: Wed Dec 17, 2008 8:28 pm |
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Joined: Thu Dec 11, 2008 4:04 pm Posts: 26 Location: Plymouth, Minnesota
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My post wasn't intended to delve into the idea of giving notice to force a slow poke sheriff's hand (though that is something I have certainly thought about), rather it was meant to illicit the pros and cons of creating an administrative headache for the sheriff's department.
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joelr
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Post subject: Posted: Wed Dec 17, 2008 9:34 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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CustomEclipseII wrote: My post wasn't intended to delve into the idea of giving notice to force a slow poke sheriff's hand (though that is something I have certainly thought about), rather it was meant to illicit the pros and cons of creating an administrative headache for the sheriff's department. While I'm not sure whether I think it's a good idea or not, I don't see how generating an extra 10,000 letters, annually, all over the state, would be much of an adminstrative headache.
That said, I did send my notification letters, some years ago.
_________________ Just a guy.
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