Stewartville man cited for school carry

[bstrawse]

KAAL TV talks with the father

http://www.kaaltv.com/article/stories/s3569103.shtml

From the article:

The Sheriff's Department says its waiting for the legal process to play out before deciding whether to take away Evan’s conceal-carry permit.

Permits will be revoked if you become a prohibited person, but does what he did put him in any of those categories? Permits can't be revoked just because the sheriff feels like it or doesn't like something you did.

The Sheriff can revoke a permit for the same reasons that they may deny a permit to begin with. Conviction of the misdemeanor crime of carrying on K-12 school property does not automatically mean a permit revocation or suspension. There's nothing in 609.66 or 624.714 that would require an automatic revocation or suspension.

Any revocation can be appealed through the processes outlined in MN 624.714 - first with the Sheriff, and then with the court.

[jschroeder]

Thanks. I guess I was just wondering at what point "Shall Issue" becomes "May Revoke" Meaning, in a case where a crime is committed that doesn't make you a prohibited person, and doesn't call for statutory revocation, how much discretion is there to revoke? I'd think it would be fairly narrowly defined (as a general rule). Like jshuberg's littering example from the other thread. That certainly wouldn't qualify.

[bstrawse]

KAAL TV talks with the father

http://www.kaaltv.com/article/stories/s3569103.shtml

From the article:

The Sheriff's Department says its waiting for the legal process to play out before deciding whether to take away Evan’s conceal-carry permit.

Permits will be revoked if you become a prohibited person, but does what he did put him in any of those categories? Permits can't be revoked just because the sheriff feels like it or doesn't like something you did.

The Sheriff can revoke a permit for the same reasons that they may deny a permit to begin with. Conviction of the misdemeanor crime of carrying on K-12 school property does not automatically mean a permit revocation or suspension. There's nothing in 609.66 or 624.714 that would require an automatic revocation or suspension.

Any revocation can be appealed through the processes outlined in MN 624.714 - first with the Sheriff, and then with the court.

Let me make a revision to my statement above because I was slightly incorrect. The Sheriff can't actually revoke a permit - they have to petition the court to have the permit revoked - and the judge will decide if the permit is revoked. Only the Sheriff can make this petition... The permit holder will be a part of the hearing and can make their argument to the court (i.e. due process).

Sorry for the error on my earlier explanation.
b

[mrp]

We have discussed school safety and I have addressed them on the negative impact of designating schools as "gun free zones." I was pleased to find that many agree with us on this matter.

You may want to discuss the fact that the school administrator(s) can give permit holders permission to carry on school property.

https://www.revisor.mn.gov/statutes/?id=609.66

609.66 DANGEROUS WEAPONS.
Subd. 1d.Possession on school property; penalty.
(f) This subdivision does not apply to:
(8) possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center;