Legal Question in Civil Litigation in Minnesota

Can a judge issue an order contradicting an existing state law ? IE: persuant to MN statute 609.66 I notified my local sheriff that I would be appearing for jury duty and that I intended to carry with me my pistol for which I have a permit under 624.714.

I received a letter back from the sheriff that reads -

" Dear Sir,

We received your letter notifying us of your intent to carry a pistol on site at the Dakota County Court complex in October during jury duty. Please see the attached court order dated from May 2006 "

The court order reads -

District Court First Judicial District

ORDER

Persuant to the administrative authority of the chief judge under Minn stat 484.6, subd 3: the inherent judicial power of the court under Article 1, 8Article 3, 1 and Article 6, 1

Of the Minnesota Constitution rules 2.02 (e) and (f) Rules of practice - District Courts: Minn Stat subds 1 and 3; and Minn stat 609.66 Subd. 1g (3) and (4)

IT IS ORDERED

1. Effective immediately all persons including those who have a permit under Minn Stat 624.714 are PROHIBITED from having firearms on their person or in their possession in courtrooms, adjacent hallways, and other areas attendant to the court function so designated excepted as provided in paragraph 2 below

This order does not applyu to

licensed peace officers or military personnel who are performing official duties

Persons who possess firearms for the purpose of display as demonstrative evidence during testimony at a trial or exhibition in compliance with advance notice and safety guidelines set by the sheriff

Persons who posses dangerous weapons in a courthouse complex with the express written consent of the county sheriff

Dated 5/31 2006 signed by chief judge William Macklin

I have researched the statues and articles they site in this order and just can not make sense of a Judge being able to create an order pre empting a state law that is on the books..

Any insight would be appreciated.


Asked on 9/17/10, 12:50 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

Under Minnesota Statute 609.66 (1g) (b), your right to possess the firearm on grounds of the courthouse is restricted by the following statement:

"Unless a person is otherwise prohibited or restricted by other law to possess a dangerous weapon"

In issuing the Order above, the court is prohibiting you from possessing your firearm on the grounds on the courthouse. The Court Order would constitute "other law."

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Answered on 9/28/10, 1:27 pm


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