MN Gun Owners Caucus files suit against the State Fair

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Re: MN Gun Owners Caucus files suit against the State Fair

Postby BigBlue on Tue Aug 24, 2021 3:53 pm

bstrawse wrote:The hearing was last week - see my lengthier update above.

We're still waiting on the judges ruling.
b


FB must be really screwed up then because I swear there was a post yesterday morning from MNGOC saying there was to be a hearing yesterday. I guess that shouldn't surprise me. FB a giant crapfest.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Bearcatrp on Tue Aug 24, 2021 4:00 pm

With democrat judges, don't expect a ruling for the 2nd amendment. The democrats just don't give a rats arse what laws or constitution they break.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Holland&Holland on Tue Aug 24, 2021 4:14 pm

Do we know the judge in this case is a democrat?
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Tue Aug 24, 2021 5:39 pm

Bearcatrp wrote:With democrat judges, don't expect a ruling for the 2nd amendment. The democrats just don't give a rats arse what laws or constitution they break.


Our claim was on statutory grounds primarily, but we did cite 2A generally.

The issue at law here was violation of MN's preemption statutes.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Tue Aug 24, 2021 5:40 pm

Holland&Holland wrote:Do we know the judge in this case is a democrat?


She is a Dayton appointee but has a strong reputation and has ruled against the government in several civil rights cases.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Citiot on Wed Aug 25, 2021 4:43 pm

Saw this on https://pa.courts.state.mn.us/

62-CV-21-4223
08/25/2021 Order Denying Motion Index # 38 (Judicial Officer: Nelson, Laura )

Edit adding MPR news: https://www.documentcloud.org/documents ... 0825170426
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Wed Aug 25, 2021 4:50 pm

We're conferring with counsel and will have a statement soon.

This is just the first move, there will be many more to come.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Wed Aug 25, 2021 5:23 pm

Here's our statement on the Judge's ruling today.

https://www.facebook.com/gunownersmn/po ... 1205729028

Judge Nelson today issued an order denying our request for a temporary injunction against the MN State Agricultural Society, Ramsey County, and the Ramsey County Sheriff.

We're obviously disappointed in this outcome, but we knew going into this case that obtaining a temporary injunction was a high burden to overcome. It's our duty, though, to take the right actions on behalf of our members and Minnesota's 2.5 million law-abiding gun owners.

We believe the letter of the law is clear - and that our state's firearm preemption laws apply to the Minnesota State Fair.

This is just the beginning of what we expect to be a lengthy legal process.

We're confident that we will prevail once given the opportunity to argue the merits to the case in a full hearing in court in the coming weeks.

You can view the Judge's order denying our motion for a temporary injunction at http://gunowners.mn/statefair.

In terms of trying to carry at the Fair. This year there are metal detectors and the Fair has made it a misdemeanor to carry past the gate using their ordinance powers.

We do not advise trying to carry at the Fair given the possible criminal prosecution risk - and that causing any sort of scene at the Fair is not going to help our cause or case in the long run. We're happy to answer specific questions around that at contact@gunowners.mn.


Thanks,
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Lumpy on Wed Aug 25, 2021 6:16 pm

It's unfortunate but the decision had some valid legal points: that injunctions usually are to uphold the status quo rather than overturn it; and after years of the Fair banning carry it's difficult to argue that permit holders would suddenly suffer "irreparable harm" now if the injunction wasn't granted.

We'll see how the main case goes in court.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Wed Aug 25, 2021 7:16 pm

Lumpy wrote:It's unfortunate but the decision had some valid legal points: that injunctions usually are to uphold the status quo rather than overturn it; and after years of the Fair banning carry it's difficult to argue that permit holders would suddenly suffer "irreparable harm" now if the injunction wasn't granted.

We'll see how the main case goes in court.


Indeed we will ;)

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Re: MN Gun Owners Caucus files suit against the State Fair

Postby xd ED on Wed Aug 25, 2021 8:43 pm

As an aside, this year's fair is setting up to be a major cluster;
vendors bailing
media bailing
lack of public transit.

The entire covid debacle;
The fair is recommending attendees get vaccinated before attending, but if you're not vaccinated, and attend, you can pick up $100 for getting jabbed at the fair...

Like other years I'll now be sitting this one out.
LET'S GO BRANDON
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Mn01r6 on Wed Aug 25, 2021 9:15 pm

First yeah (other than last year) in my life I won’t be going. Lack of ability to carry being high on the list of reasons why.

I also bought a boat. Barring any tragic boating accidents, I’ll plan to spend my free time out on a lake instead of at the Great Minnesota Sweat Together.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Holland&Holland on Wed Aug 25, 2021 9:41 pm

Lumpy wrote:It's unfortunate but the decision had some valid legal points: that injunctions usually are to uphold the status quo rather than overturn it; and after years of the Fair banning carry it's difficult to argue that permit holders would suddenly suffer "irreparable harm" now if the injunction wasn't granted.

We'll see how the main case goes in court.

But the status quo is carrying concealed. Irreparable harm is caused by upholding that state statute does not apply to the fair.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Thu Aug 26, 2021 7:07 am

Holland&Holland wrote:
Lumpy wrote:It's unfortunate but the decision had some valid legal points: that injunctions usually are to uphold the status quo rather than overturn it; and after years of the Fair banning carry it's difficult to argue that permit holders would suddenly suffer "irreparable harm" now if the injunction wasn't granted.

We'll see how the main case goes in court.

But the status quo is carrying concealed. Irreparable harm is caused by upholding that state statute does not apply to the fair.


Which was our counsel's argument in court. The Judge obviously disagreed.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby Holland&Holland on Thu Aug 26, 2021 7:13 am

bstrawse wrote:
Holland&Holland wrote:
Lumpy wrote:It's unfortunate but the decision had some valid legal points: that injunctions usually are to uphold the status quo rather than overturn it; and after years of the Fair banning carry it's difficult to argue that permit holders would suddenly suffer "irreparable harm" now if the injunction wasn't granted.

We'll see how the main case goes in court.

But the status quo is carrying concealed. Irreparable harm is caused by upholding that state statute does not apply to the fair.


Which was our counsel's argument in court. The Judge obviously disagreed.


Keep up the fight.
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