EP Council Meeting - July 17th

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EP Council Meeting - July 17th

Postby Baz on Fri Jul 20, 2018 5:57 am

Does anyone have an update on how the EP City Council meeting went on Tuesday?

-Baz
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Re: EP Council Meeting - July 17th

Postby ex-LT on Fri Jul 20, 2018 6:20 am

I believe the ordinance to ban new gun shops passed.
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Re: EP Council Meeting - July 17th

Postby Holland&Holland on Fri Jul 20, 2018 7:12 am

ex-LT wrote:I believe the ordinance to ban new gun shops passed.


How is that even possible?
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Re: EP Council Meeting - July 17th

Postby jdege on Fri Jul 20, 2018 9:43 am

It's in 471.635.

471.633 FIREARMS.
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:

(a) a governmental subdivision may regulate the discharge of firearms; and

(b) a governmental subdivision may adopt regulations identical to state law.

Local regulation inconsistent with this section is void


But...

471.635 ZONING ORDINANCES.
Notwithstanding section 471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For the purposes of this section, a firearms dealer is a person who is federally licensed to sell firearms and a governmental subdivision is an entity described in sections 471.633 and 471.634.
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Re: EP Council Meeting - July 17th

Postby Holland&Holland on Fri Jul 20, 2018 11:11 am

jdege wrote:It's in 471.635.

471.633 FIREARMS.
The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that:

(a) a governmental subdivision may regulate the discharge of firearms; and

(b) a governmental subdivision may adopt regulations identical to state law.

Local regulation inconsistent with this section is void


But...

471.635 ZONING ORDINANCES.
Notwithstanding section 471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For the purposes of this section, a firearms dealer is a person who is federally licensed to sell firearms and a governmental subdivision is an entity described in sections 471.633 and 471.634.


Yes I get the zoning game like Minneapolis plays but how can they outright ban?
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Re: EP Council Meeting - July 17th

Postby jdege on Sat Jul 21, 2018 8:33 am

They didn't ban, they just imposed a "temporary" moratorium.
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Re: EP Council Meeting - July 17th

Postby bstrawse on Sat Jul 21, 2018 9:28 am

The ban passed 3-1.

Expect litigation.
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Re: EP Council Meeting - July 17th

Postby Ghost on Sat Jul 21, 2018 10:09 am

This should be interesting
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Re: EP Council Meeting - July 17th

Postby Bearcatrp on Sun Jul 22, 2018 7:43 pm

Load of crap that this passed. If this doesn’t get beat down by the courts, you can bet crap like this will spread.
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Re: EP Council Meeting - July 17th

Postby bstrawse on Wed Jul 25, 2018 5:46 am

Bearcatrp wrote:Load of crap that this passed. If this doesn’t get beat down by the courts, you can bet crap like this will spread.


Saint Louis Park has blatantly stated that they pass other regulation in violation of state preemption and fight it out in the courts.

EP based their ordinance by looking at St. Paul, Minneapolis, and Bloomington.
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