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Thread: news from minnesota

  1. #1
    Regular Member oliverclotheshoff's Avatar
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    news from minnesota

    new out of Minnesota copied from another forum


    -- The Minnesota state Senate Finance Committee recently passed House File 1467, one of the NRA’s top legislative priorities, by a 10 to 5 vote. In part, HF 1467 would remove a person’s “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground and protect themselves or their family anywhere they are lawfully present.
    HF 1467 contains three important firearm policy improvements, NRA-ILA reports.
    Stand Your Ground:
    It would create a presumption that an individual who forcefully or stealthily enters or attempts to enter your home or vehicle is there to cause substantial or great bodily injury or death, so the occupant may use force, including deadly force, against that individual. It would also expressly allow an individual to use force, including deadly force, to prevent a forcible felony, and it provides protections against criminal prosecution and civil lawsuits when justifiable force is used.
    Universal Recognition:
    Currently, Minnesota only has reciprocal agreements with fifteen states and twenty-three states recognize Minnesota's permit to carry. Unfortunately, Minnesota’s Department of Public Safety has not sought out any additional reciprocity agreements. By adding the proposed language, Minnesota will recognize every state that offers a carry permit and drastically improve Minnesotans’ abilities to carry for self-defense in other states. The proposed language would also require Minnesota’s Department of Public Safety to enter in to reciprocity agreements.
    Emergency Powers Reform:
    The proposed language would prohibit any government agency from confiscating or regulating the lawful possession, carrying, transfer, transportation and defensive use of firearms or ammunition during a state of emergency, such as occurred in the wake of Hurricane Katrina in New Orleans, Louisiana.


    Make sure your friends and relatives across the river are contacting their legislators.
    SCOTT

    "When guns are outlawed only outlaws will have guns"

    "When seconds count police are minutes away"

    "Dialing 911 only takes seconds but waiting for help may take the rest of your life"

    http://g2-elite.com/phpbb/index.php Shed Hunting

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    Regular Member XDFDE45's Avatar
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    That's what we need!!!!!
    Wisconsin Carry Member
    My Castle Doctrine Law

    Don't wish ill upon your enemy......plan it.

  3. #3
    Regular Member Sorcice's Avatar
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    Quote Originally Posted by XDFDE45 View Post
    That's what we need!!!!!
    Thought we just got that..

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    Regular Member Yetiman's Avatar
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    As someone who travels to MN on a semi regular basis and has family there, this has me doing the Snoopy happy dance.

  5. #5
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    The bill was passed by the Minnesota House of Representatives May 14, 2011 by a vote of 79 to 50.
    It was passed by the Minnesota Sebate today Feb. 23,2012 by a vote of 40 to 23.

    There is some question as to if Governor dayton will veto it or not. He says he is undecided and concerned that law enforcement is against the bill. It looks like there would be enough votes to overide his veto if he does veto the bill. That is providing there aren't any turncoats. The biggest provision for us in the bill is the reciprocity conditions. Wisconsin license to carry would be recognized in Minnesota. Currently a Wisconsin CCL is not valid in Minnesota because Wisconsin does not have a requirement for live fire. Otherwise the bill is nearly identical to the "castle doctrine"law recently enacted in Wisconsin.

  6. #6
    Regular Member davegran's Avatar
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    Thumbs up "Eliminating the common law duty to retreat"

    The bill is here and has some interesting language in it, including:
    5.5.... The individual may meet force
    5.6 with superior force when the individual's objective is defensive; the individual is not
    5.7 required to retreat; and the individual may continue defensive actions against an assailant
    5.8 until the danger has ended.
    and:
    4.6 (d) "Dwelling" means a building defined under section 609.556, subdivision 3, an
    4.7 overnight stopping accommodation of any kind, or a place of abode, that an individual
    4.8 temporarily or permanently is occupying or intending to occupy as a habitation or home.
    4.9 A dwelling includes, but is not limited to, a building or conveyance and that building's
    4.10 or conveyance's curtilage and any attached or adjacent deck, porch, appurtenance, or
    4.11 other structure, whether the building or conveyance is used temporarily or permanently
    4.12 for these purposes, is mobile or immobile, or is a motor vehicle, watercraft, motor home,
    4.13 tent, or the equivalent.
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

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    This is the Wisconsin definition of "dwelling' as referenced in the self defense statute 939.48.

    (h) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.

    Interesting that 'sidewalks' are included in the definition. I wonder if that implies that sidewalks are considered private property re: the GFSZ.

  8. #8
    Herr Heckler Koch
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    Quote Originally Posted by Captain Nemo View Post
    Interesting that 'sidewalks' are included in the definition. I wonder if that implies that sidewalks are considered private property re: the GFSZ.
    In some municipalities jurisdictions sidewalks are on easements to private property. There have been some too broad statements to the contrary here.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Herr Heckler Koch View Post
    In some municipalities jurisdictions sidewalks are on easements to private property. There have been some too broad statements to the contrary here.
    An easement does not transfer title/ownership - it confers a right to use for a specific purpose and any other pertinent particulars.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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  10. #10
    Herr Heckler Koch
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    Quote Originally Posted by oliverclotheshoff View Post
    the sidewalk is in the public right away ... and sidewalks are included in the right away
    This is a too broad statement. QED

  11. #11
    Campaign Veteran deepdiver's Avatar
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    In context I don't think the "sidewalks" referenced are the public sidewalk on the right of way by the street or other sidewalks normally within an easment, but rather sidewalks from a driveway to front door or around the side of the house, ie sidewalks within the property boundaries.

  12. #12
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    (58) "Sidewalk" means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, constructed for use of pedestrians.

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