Ramsay County polling place - firearms restriction

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Ramsay County polling place - firearms restriction

Postby purd0027 on Tue Nov 03, 2015 9:51 pm

My polling place is a Church (entrance not posted). When I was voting I saw a printed paper sign with Ramsay county logo indicating firearms were prohibited at the polling station. I unfortunately didn't take a photo of the sign. I was able to find a publication from Ramsay County indicating on page 55 that firearms are prohibited:
https://www.co.ramsey.mn.us/NR/rdonlyre ... efinal.pdf

Can someone point me in the direction any previous discussions regarding county or municipal regulation of firearms vis a vis pre-emtion/supremacy over state law (on this forum or elsewhere)? Or give a good overview of this topic? I know, I know, concealed is concealed. Just wondering if this is a legit regulation or bureaucratic overreach.
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Re: Ramsay County polling place - firearms restriction

Postby jshuberg on Tue Nov 03, 2015 10:18 pm

There is no prohibition against a permit holder carrying a firearm in a polling place, unless of course the polling place is already a prohibited location, such as a school or daycare facility.

If your polling place is a church, unless the church has taken some action to notify people that they prohibit the carry of firearms, then carrying under permit is perfectly lawful. Note that churches do enjoy a unique status in that they don't need to post a sign that conforms to 624.714 Subd. 17. A MN Appellate court case ruled that churches can notify people in any reasonable way, and that they can also prohibit carry in their parking lots and when acting as a landlord:
http://mn.gov/lawlib/archive/ctappub/05 ... 2-0412.htm

Provided that the church hasn't notified voters that carrying of firearms is prohibited, then firearms are not prohibited regardless of any county regulations. MN 624.714 Subd. 23 and MN 471.633 prohibit any governmental authority other than the legislature from regulating or prohibiting firearms. There is no statute preventing carrying a firearm under permit at a polling place.
https://www.revisor.mn.gov/statutes/?id=624.714
https://www.revisor.mn.gov/statutes/?id=471.633
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Re: Ramsay County polling place - firearms restriction

Postby bstrawse on Wed Nov 04, 2015 8:30 am

purd0027 wrote:My polling place is a Church (entrance not posted). When I was voting I saw a printed paper sign with Ramsay county logo indicating firearms were prohibited at the polling station. I unfortunately didn't take a photo of the sign. I was able to find a publication from Ramsay County indicating on page 55 that firearms are prohibited:
https://www.co.ramsey.mn.us/NR/rdonlyre ... efinal.pdf

Can someone point me in the direction any previous discussions regarding county or municipal regulation of firearms vis a vis pre-emtion/supremacy over state law (on this forum or elsewhere)? Or give a good overview of this topic? I know, I know, concealed is concealed. Just wondering if this is a legit regulation or bureaucratic overreach.


I sent you a private message for more information so that we can follow-up on this with you.

Thanks!
b
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Re: Ramsay County polling place - firearms restriction

Postby bstrawse on Thu Nov 05, 2015 7:37 am

The original poster and I were able to connect briefly and get the specifics of this situation. In addition, we were able to obtain details (and a photo) of other examples of this within Ramsey County.

This morning, we sent the letter linked below to Ramsey County elections questioning their stance. We'll share the reply once we receive it.

https://www.scribd.com/doc/288611729/MN ... -11-5-2015

Thanks,
Bryan Strawser
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MN Gun Owners PAC
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
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