White Bear Lake Adventures part 2

[downtownjeff]

I have deleted my posts

[scarletvw]

Well that doesn't seem very nice of her to say. Glad I don't live there, dropped off my permit app on monday night, picked it up on wednesday night of the same week. I also lived in 4 diferent locations in the 5 year period.

And another thing, whats with all the uppidy people that live in White Bear Lake with the goofy bear stickers? Ya'll think you're better then everyone else?

[darkwolf45]

That deserves a direct talk with the mayor or city counsel. Just saying.

[downtownjeff]

....

[rugersol]

That deserves a direct talk with the mayor or city counsel. Just saying.

... from my miniscule dealings with a mayor/city-council, I suspect that'd very much prolong his application "process"!

I sold a pistol to a guy in White Bear, years ago ... the way he made it sound, he basically had to "register" it?! ... sorta like Michigan, I guess?!

[downtownjeff]

...

[Strativarius]

I applied for and recieved my PTP last September within 5 days (from the St. Paul PD). I don't say that to brag at all. It just seems that the instances of people being delayed in getting their permits is very hit and miss. I think sometimes, it really does come down to manpower and processing time, and not always an active attempt to thwart MN law and statues. That having been said, WBL (and others) do seem like they've got a pretty big stick up their collective butts though.
Good luck and i hope you get it soon.

Then your problem is going to be finding ammo....

[Nalez]

Given the Ramsey County Sheriff's position on the 2nd amendment, I would see what options they have in regards to enforcing MN 624.7131 Subd. 5.

You might also be able to get a hearing under Subd. 8; as because the permit was not issued after 7 days; the judicial review process may provide some options.

[downtownjeff]

....

[tazdevil]

Got a denial notice in the mail today. Postmarked 4/26/2013 dated 4/29/2013.

Given the fact that I went down and inquired about it on the 25th and warned (see above) the message I got was don't push the White Bear Lake Police Chief.

Well, do they have to provide you with a reason or just the letter stating "Your denied"? Maybe all the more reason to get a PTC instead?

[Back In Black]

Seems like they're being dinks. Appeal through the county court or reapply at the county sheriff.

[xd ED]

If you know of no reason for the denial, I would apply for a PTC.

If you DO know why it was denied- consider contacting an instructor, or attorney Marc Berris for advice on whether the PTC might get issued.

[tman]

My guess is that the OP has a record.



https://www.revisor.mn.gov/statutes/?id=624.7131

Subd. 4.Grounds for disqualification. A determination by the chief of police or sheriff that the applicant is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon shall be the only basis for refusal to grant a transferee permit.

https://www.revisor.mn.gov/statutes/?id=624.713#stat.624.713

624.713 CERTAIN PERSONS NOT TO POSSESS FIREARMS.
Subdivision 1.Ineligible persons. The following persons shall not be entitled to possess a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person's ability to possess a firearm has been restored under subdivision 4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere by a judicial determination that the person is chemically dependent as defined in section 253B.02, unless the person has completed treatment or the person's ability to possess a firearm has been restored under subdivision 4. Property rights may not be abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. Property rights may not be abated but access may be restricted by the courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable conditions; or
(vii) has renounced the person's citizenship having been a citizen of the United States; or
(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state.
A person who issues a certificate pursuant to this section in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms for persons convicted or adjudicated delinquent of a crime of violence in clause (2), applies only to offenders who are discharged from sentence or court supervision for a crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
Subd. 1a.Ineligible to receive, ship, transport. A person presently charged with a crime punishable by imprisonment for a term exceeding one year shall not be entitled to receive, ship, or transport any pistol or semiautomatic military-style assault weapon. A violation of this subdivision is a gross misdemeanor.
Subd. 2.Penalties. (a) A person named in subdivision 1, clause (1), who possesses a pistol or semiautomatic military-style assault weapon is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A person named in subdivision 1, clause (2), who possesses any type of firearm is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph does not apply to any person who has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under section 609.165, subdivision 1d.
(c) A person named in any other clause of subdivision 1 who possesses any type of firearm is guilty of a gross misdemeanor.
Subd. 3.Notice. (a) When a person is convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined in section 624.712, subdivision 5, the court shall inform the defendant that the defendant is prohibited from possessing a pistol or semiautomatic military-style assault weapon for the remainder of the person's lifetime, and that it is a felony offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol or semiautomatic military-style assault weapon possession prohibition or the felony penalty to that defendant.
(b) When a person, including a person under the jurisdiction of the juvenile court, is charged with committing a crime of violence and is placed in a pretrial diversion program by the court before disposition, the court shall inform the defendant that: (1) the defendant is prohibited from possessing a pistol or semiautomatic military-style assault weapon until the person has completed the diversion program and the charge of committing a crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this prohibition; and (3) if the defendant violates this condition of participation in the diversion program, the charge of committing a crime of violence may be prosecuted. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol or semiautomatic military-style assault weapon possession prohibition or the gross misdemeanor penalty to that defendant.
Subd. 4.Restoration of firearms eligibility to civilly committed person; petition authorized. (a) A person who is prohibited from possessing a firearm under subdivision 1, due to commitment resulting from a judicial determination that the person is mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may petition a court to restore the person's ability to possess a firearm.
(b) The court may grant the relief sought in paragraph (a) in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be such that:
(1) the person is not likely to act in a manner that is dangerous to public safety; and
(2) the granting of relief would not be contrary to the public interest.
(c) When determining whether a person has met the requirement of paragraph (b), clause (1), the court may consider evidence from a licensed medical doctor or clinical psychologist that the person is no longer suffering from the disease or condition that caused the disability or that the disease or condition has been successfully treated for a period of three consecutive years.
(d) Review on appeal shall be de novo.

[bstrawse]

Got a denial notice in the mail today. Postmarked 4/26/2013 dated 4/29/2013.

Given the fact that I went down and inquired about it on the 25th and warned (see above) the message I got was don't push the White Bear Lake Police Chief.

My advice:
1- stop posting about this
2- have this thread deleted
3- hire an attorney to deal with this - Marc Berris would be my recommendation

B

[CraigJS]

Lived in WBL all my life, haven't had ANY problems. I've gotten 2 PTP and 2 PTC over the years, all less than 30 days..

As far as the bear stickers, WE ARE better than ya'll...