eye95
Well-known member
This had been posted earlier:
Minn. Stat. 624.714 Subd 23: "...No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or governmental authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry." from here: https://www.revisor.mn.gov/statutes/?id=624.714
In this instance preemption does preempt the courts. Judges in Minnesota do NOT have the authority to issue orders on this issue beyond their court room.
I don't read it that way at all, and, at the very least, it would be questionable whether the courts were preempted by by this law--and courts decide questions of law. Courts issue orders all the time that folks wonder whether they have the authority. In the role of determining the meaning of the laws and their constitutionality, courts often ignore written law in favor of their rulings. (In particular courts will rightly ignore any laws that themselves usurp the constitutional authority of the courts!!) The only way to fix a ruling that oversteps its bounds is to get a higher court to overrule the lower court.
I don't like this kind of usurpation of power by courts. But, the reality is that one ignores a court order at his own peril. Any reasonable person, in the place of the officer, should take the court order as law until it is overruled. The officer acted in good faith. Unless he is totally wrong about the sign, he had absolute authority to disarm Rosenberg.
If the court order is in fact errant, it should be Rosenberg's target, not the officer. By foolishly going after the officer (and doing so in such a moronically flamboyant way), he is actually delaying a fix to the problem. Step one in fixing any problem is recognizing what it really is.
Rosenberg needs to figure this out. Based on his actions so far, I don't think he will anytime soon. Do you suppose someone should tell him?