MN Gun Owners Caucus files suit against the State Fair

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MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Tue Aug 10, 2021 4:09 pm

PRESS RELEASE: MN Gun Owners Caucus files suit seeking an injunction against State Agricultural Society, Ramsey County, and Sheriff Bob Fletcher over violations of the Second Amendment & Minnesota statutes

SAINT PAUL, MN (August 10, 2021) – The Minnesota Gun Owners Caucus today announced, in partnership with two individual plaintiffs, that it has filed a lawsuit in the Second Judicial District/Ramsey County seeking an injunction against the Minnesota State Agricultural Society, Ramsey County, and Ramsey County Sheriff Bob Fletcher to prevent them from enforcing the state fair's unlawful prohibition on the lawful, permitted carry of firearms by Minnesotans.

The suit also alleges serious violations of the Minnesota Government Data Practices Act.

The case, Christopher v. Ramsey County et al., is the latest legal effort in the Caucus's planned litigation in Minnesota to secure the right to keep and bear arms throughout the state.

The complaint and supporting documentation can be found at gunowners.mn/statefair.

As an arm of state government, the Minnesota State Agricultural Society is completely preempted under multiple state statutes from prohibiting the lawful carry of firearms on the state fairgrounds or during the Minnesota State Fair. Specifically, Minnesota law preempts any local regulation of firearms and ammunition that is inconsistent with state law "to the complete exclusion of any order, ordinance, or regulation".

Ramsey County and the Ramsey County Sheriff, Bob Fletcher, are party to this suit due to the Joint Powers Agreement signed between the Society and the County authorizing the Sheriff's office to serve as the primary law enforcement agency for the State Fair.

For years, the Society has purported to prohibit firearms at the State Fair through policies and signing without any legal authorization for their supposed prohibition. The State Agricultural Society does have the ability to enact ordinances, however, those ordinances cannot validly conflict with state or federal law. According to Data Practices Act requests from the Caucus, the Society has not enacted any such ordinances - and if they had, they would be invalid on their face because of Minnesota's preemption statutes.

"The State Agricultural Society, Ramsey County, and Sheriff Fletcher must follow the laws of the State of Minnesota, " said Bryan Strawser, Chair, MN Gun Owners Caucus. "There is simply no legal or constitutional justification for the prohibition on lawful, permitted carry of firearms at the Minnesota State Fair."

"Not only is the Fair breaking the law by attempting to enforce a policy banning firearms this year, but they are also actively denying every law-abiding permit holder the ability to travel safely to and from the fair, " added Rob Doar, Political Director. "Despite millions of visitors every year, the Fair has no record of any person being ejected for carrying a firearm or any issues with the civilian carry of firearms. Their policy is not only illegal, but it's also unnecessary."

The Minnesota Gun Owners Caucus case was filed today in the Second Judicial District against defendants the Minnesota State Agricultural Society, Ramsey County, and Ramsey County Sheriff Bob Fletcher. The Caucus seeks an injunction prohibiting the defendants and their agents from enforcing a prohibition on the lawful, permitted carry of firearms at the Minnesota State Fair, an order requiring compliance with the Minnesota Government Data Practices Act, and appropriate civil penalties and attorney's fees.

Read the full press release at: https://www.gunowners.mn/statefair2021_press_release

See our website with links to all news coverage, current status of the case, and all court filings at http://gunowners.mn/statefair
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby cmxterra on Tue Aug 10, 2021 4:12 pm

awesome
Let them hate so long as they fear.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby IvanTheTerribleShot on Tue Aug 10, 2021 4:31 pm

You just convinced me to stop procrastinating and finally join GOC. Thank you.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Tue Aug 10, 2021 4:35 pm

IvanTheTerribleShot wrote:You just convinced me to stop procrastinating and finally join GOC. Thank you.


Honored to have you!

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

Postby Holland&Holland on Tue Aug 10, 2021 9:43 pm

About time this was forced to a head. Great work.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby yukonjasper on Wed Aug 11, 2021 7:42 am

Nice effort and I appreciate you taking this on. What is the prognosis for having this resolved by the time the Fair begins? Understanding that the wheels of justice grind slowly and even more so when you are fighting "the MAN" who can slow things down intentionally to neuter the effort.

Nice job with the presser. Love the stats.......those never get play.

Incidentally, I've carried at the Fair many times and agree with the right to have an option to defend yourself at what could be a very easily become a mass casualty event. It would have to be a complete **** show for me to draw in that environment because of the collateral damage possibilities. But I believe that an individual should have the choice to be ready to counteract a bad situation. My contributions and the matching company contributions to the 501c3 will continue. I hope that is helping.

Go get 'em. Thanks for being there at the tip of the spear.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby yukonjasper on Wed Aug 11, 2021 7:47 am

BTW......we should be prepared for an attack on this board. I would think that the opponent will want to disrupt the sources of support for your efforts. Not sure the form, bots, posters, spam - but they won't just let it go.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby OldmanFCSA on Wed Aug 11, 2021 8:13 am

Thank you for this.

I travel in from Wisconsin and because of my limited mobility I must park on or near fairgrounds. My mobility (or lack thereof) makes me an easy target and my wife by association. I practice visual awareness when out and about, but rely upon my right to carry for final protection.

I am licensed in Wisconsin and Minnesota as an out of state license holder. I am properly licensed and should be allowed to carry on the fairgrounds, even if asked to show proper identification and concealed carry licenses before entry, proving I support the current laws and support of my 2nd amendment rights.

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

Postby Lumpy on Wed Aug 11, 2021 1:18 pm

Holland&Holland wrote:About time this was forced to a head. Great work.


As I recall, at one point there was reluctance to push the issue for fear that we'd lose due to the hoplophobes and the preeminence of the Fair as a public gathering place. But since they made it fight or quit now's the time, and I think we're on firmer ground now.
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Re: MN Gun Owners Caucus files suit against the State Fair

Postby bstrawse on Thu Aug 12, 2021 6:40 pm

yukonjasper wrote:Nice effort and I appreciate you taking this on. What is the prognosis for having this resolved by the time the Fair begins? Understanding that the wheels of justice grind slowly and even more so when you are fighting "the MAN" who can slow things down intentionally to neuter the effort.

Nice job with the presser. Love the stats.......those never get play.

Incidentally, I've carried at the Fair many times and agree with the right to have an option to defend yourself at what could be a very easily become a mass casualty event. It would have to be a complete **** show for me to draw in that environment because of the collateral damage possibilities. But I believe that an individual should have the choice to be ready to counteract a bad situation. My contributions and the matching company contributions to the 501c3 will continue. I hope that is helping.

Go get 'em. Thanks for being there at the tip of the spear.


We expect to have a hearing late next week on our motion for a temporary injunction - we're hoping to have final confirmation from the judge that has been assigned on Friday - we'll announce once it's set. It's likely to be done remotely and so should be viewable by the general public. A full hearing w/ evidence on the merits for a final decision is unlikely to happen for many weeks - but the ruling on a temporary injunction will be the first step.

Thanks for the kind words - we agree this is long overdue.

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

Postby bstrawse on Thu Aug 12, 2021 6:40 pm

Lumpy wrote:
Holland&Holland wrote:About time this was forced to a head. Great work.


As I recall, at one point there was reluctance to push the issue for fear that we'd lose due to the hoplophobes and the preeminence of the Fair as a public gathering place. But since they made it fight or quit now's the time, and I think we're on firmer ground now.


There was definite a wink-wink-nod-nod acceptance to this in the past - but the metal detectors are a bridge too far - it was time to push back.

That said, if we win this case, I expect anti-gun legislators to try and undue this by changing MN's preemption laws - fortunately right now we hold the Senate and that'll get stopped cold there.

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

Postby bstrawse on Fri Aug 13, 2021 10:56 am

We'll have an initial hearing on our motion for injunction in this case on Thursday, August 19th, at 1:30PM virtually in Ramsey County District Court.

Details to come on how to watch/listen.

Updates and case filings are available at http://gunowners.mn/statefair

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

Postby bstrawse on Thu Aug 19, 2021 10:28 am

The responses from Ramsey County, the Ramsey County Sheriff, and the State Agricultural Society are now posted on our website at http://gunowners.mn/statefair

Our hearing is today at 1:30PM on our motion for a temporary injunction. We expect a decision within a few days.

You can listen in starting at 1:30pm at 612-902-9678 with access code 0101019.

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

Postby Citiot on Thu Aug 19, 2021 1:56 pm

Interesting call... not sure what to make of it. I guess we'll soon find out when judge decides.
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