Near school carry in Rochester

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Near school carry in Rochester

Postby dismal on Fri Oct 10, 2014 9:46 pm

This could get interesting...

http://www.kaaltv.com/article/stories/S3586421.shtml?cat=10151


Matthew Halleck brings his two girls to and from the outskirts of Harriet Bishop Elementary in Rochester every day. "I'm going to protect my children anyway I can,” said Halleck.
For Matthew, that means carrying a concealed gun that he has a permit for, while adhering to all legal boundaries. "It's not crossing the street here, where the crosswalk is, it's making sure it's concealed so the kids can't see it,” he said.
But Matthew is no longer the only one who knows he's carrying a gun. Recently a sign went up in a front yard across the street from the school. It has Matthew’s picture on it and reads, "This man carries a loaded gun around your children every day."


Lots of interesting comments on their Facebook page:

https://www.facebook.com/kaaltv
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Re: Near school carry in Rochester

Postby xd ED on Fri Oct 10, 2014 10:26 pm

Yet another reason to keep it concealed.
Re the busybody woman, hopefully her neighbor will post one of these:

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Re: Near school carry in Rochester

Postby Snakeman721 on Sat Oct 11, 2014 5:31 am

Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.
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Re: Near school carry in Rochester

Postby photogpat on Sat Oct 11, 2014 6:41 am

Snakeman721 wrote:Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.


Its a tricky area...he's in public so he has no expectation of privacy...she can absolutely take his picture. Now, usage.

The statement made is true, and confirmed by the man. She's not using his image to endorse a product...but she is implying there's something sinister about him...which goes against his character. Might be something there.

IANAL though.
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Re: Near school carry in Rochester

Postby Hmac on Sat Oct 11, 2014 9:11 am

Snakeman721 wrote:Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.


Sure they can
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Re: Near school carry in Rochester

Postby 2in2out on Sat Oct 11, 2014 9:02 pm

I saw that on their web page earlier today. The horror.

I agree with xd Ed.
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Re: Near school carry in Rochester

Postby bstrawse on Sun Oct 12, 2014 6:12 am

Snakeman721 wrote:Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.


Please point us to a statute that says this is illegal.
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Re: Near school carry in Rochester

Postby Snakeman721 on Sun Oct 12, 2014 6:53 am

bstrawse wrote:
Snakeman721 wrote:Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.


Please point us to a statute that says this is illegal.
b


I'll have to check into it, but why do they blur faces of people in the background,not involved with a news story when they air the story. :?:
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Re: Near school carry in Rochester

Postby farmerj on Sun Oct 12, 2014 1:26 pm

Crossing that ground for "use of likeness". He may have been in public. But he also has a limited right to privacy still to be able to just drop off his kids at school.

In addition, having a permit to carry in MN is considered a protected piece of information. This person has violated that privacy by posting this. The media became an accomplice in that fact.

Really pushing grey areas here with this subject.

http://corporate.findlaw.com/litigation ... ivacy.html

Not saying this would stand, just one persons observation of the situation. I'd seek counsel to explore it.
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Re: Near school carry in Rochester

Postby bstrawse on Sun Oct 12, 2014 2:03 pm

farmerj wrote:Crossing that ground for "use of likeness". He may have been in public. But he also has a limited right to privacy still to be able to just drop off his kids at school.

In addition, having a permit to carry in MN is considered a protected piece of information. This person has violated that privacy by posting this. The media became an accomplice in that fact.

Really pushing grey areas here with this subject.

http://corporate.findlaw.com/litigation ... ivacy.html

Not saying this would stand, just one persons observation of the situation. I'd seek counsel to explore it.


Minnesota Law protects the privacy of permit data from disclosure BY GOVERNMENT and agents of the government - it does not prevent an individual citizen from revealing that information if they have knowledge of the fact.
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Re: Near school carry in Rochester

Postby farmerj on Sun Oct 12, 2014 2:35 pm

Be interesting to see Marc berris or David gross see this.
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Re: Near school carry in Rochester

Postby Mn01r6 on Sun Oct 12, 2014 2:36 pm

Might have an argument for the extension of the tort of "publication of private facts" http://www.dmlp.org/legal-guide/publica ... vate-facts
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Re: Near school carry in Rochester

Postby farmerj on Sun Oct 12, 2014 2:38 pm

Mn01r6 wrote:Might have an argument for the extension of the tort of "publication of private facts" http://www.dmlp.org/legal-guide/publica ... vate-facts



Basically what I posted above. I see it having merit to explore with legal counsel.
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Re: Near school carry in Rochester

Postby xd ED on Sun Oct 12, 2014 4:38 pm

Her sign said the guy had a gun on him around children; no mention of a permit to carry.
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Re: Near school carry in Rochester

Postby 20mm on Sun Oct 12, 2014 7:53 pm

bstrawse wrote:
Snakeman721 wrote:Hmmmmm, sounds like a lawsuit. I'm pretty sure someone cannot post signs with your name and photo out in public without your permission.


Please point us to a statute that says this is illegal.
b


https://www.revisor.mn.gov/statutes/?id=609.765
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