TheeBadOne
Member
A Ramsey County judge has denied the state's request to move to Hennepin County District Court a challenge by 27 church groups and the city of Minneapolis of a state law that prevents them from banning guns from their parking lots and rental facilities.
Judge John Finley ruled that it would not be more convenient for witnesses in the case to have the challenge moved to Hennepin County where a judge is hearing an earlier challenge to the law brought by other religious groups.
An attorney for the state argued that moving the Ramsey County case to Hennepin County would be more convenient because it would allow the two cases to be consolidated. Attorneys for plaintiffs in the Ramsey County suit opposed the move.
Finley said that there is no guarantee that the two cases would be consolidated if both were in Hennepin County.
He also said that the Ramsey County suit raises an issue not addressed in the Hennepin County challenge: that the gun law was passed in violation of the Minnesota Constitution because it was tacked on to a Department of Natural Resources (DNR) bill allegedly having nothing to do with the gun-carrying issue.
Using the DNR bill as a vehicle for the gun law violates a constitutional provision that says no law shall embrace more than one subject, the Ramsey County suit argues.
It also says the law infringes on property rights of the church groups and the city by allowing people with guns to intrude without permission and without compensation on the property owners. The church groups say the law violates their guarantees of religious freedom.
http://www.startribune.com/stories/467/4245354.html
Judge John Finley ruled that it would not be more convenient for witnesses in the case to have the challenge moved to Hennepin County where a judge is hearing an earlier challenge to the law brought by other religious groups.
An attorney for the state argued that moving the Ramsey County case to Hennepin County would be more convenient because it would allow the two cases to be consolidated. Attorneys for plaintiffs in the Ramsey County suit opposed the move.
Finley said that there is no guarantee that the two cases would be consolidated if both were in Hennepin County.
He also said that the Ramsey County suit raises an issue not addressed in the Hennepin County challenge: that the gun law was passed in violation of the Minnesota Constitution because it was tacked on to a Department of Natural Resources (DNR) bill allegedly having nothing to do with the gun-carrying issue.
Using the DNR bill as a vehicle for the gun law violates a constitutional provision that says no law shall embrace more than one subject, the Ramsey County suit argues.
It also says the law infringes on property rights of the church groups and the city by allowing people with guns to intrude without permission and without compensation on the property owners. The church groups say the law violates their guarantees of religious freedom.
http://www.startribune.com/stories/467/4245354.html