Gun law raises questions

By DAWN SLADE
Mille Lacs County Times
Posted 6/26/03

The conceal carry gun law that was enacted by the Minnesota Legislature in April has led to a lot of questions.

The name is actually a misnomer. If someone has a permit to carry, they do not need to conceal it.

And if businesses donıt want customers carrying guns into their establishment, they must now post a sign near the entrance to the establishment.

But, according to the law, those businesses that post a sign stating guns are banned from the premises, must also inform each customer who enters the business that guns are banned.

How can a busy establishment do that without hiring someone to stand at the door and ask each customer that walks in? Itıs a question business owners and managers are asking, but arenıt getting much for an answer.

A few businesses in Milaca have already posted signs that say guns are banned from the premises, including Bremer Bank, Fairview Northland Pharmacy and Fairview Northland Clinic.

Corporations made the decision on behalf of the local businesses to incorporate the signs.

³My regional manager informed me that it had to be put up at a certain height,² Fairview Northland Pharmacy Manager John Creasy said.

Other than the height and location for the sign, Creasy says heıs unsure why the corporation chose to put the signs up at its location other than guns and drugs donıt mix well.

³I think the staff are all positive about it,² Bremer Bank Vice President Joe Anderson said. ³I donıt think any bank staff people want someone carrying a gun into the lobby.²

Anderson has heard comments from customers on the sign as well.

³Most of the comments from customers have been positive, weıve had a couple people question it,² Anderson said.

The law says that if a gun-carrying customer enters an establishment where there is a sign posted banning guns, that person is in violation of the law and the business owner can contact police.

Law enforcement can then ticket the person for a petty misdemeanor, which is a $25 fine.

But what if a business or organization chooses not to post a sign and something happens, is the company held liable?

Itıs one of the many questions that are not easily answered.

³Thereıs not a cut and dry answer for it,² Mille Lacs County Attorney Jan Kolb said.

However, if the business has a sign banning guns and the establishment allows someone in that they know is carrying a gun, then the business can be held liable if something happens.

³Thereıs going to be a lot of challenges to it before it all gets straightened out,² Kolb added.

Thereıs also the maximum $100 fee to permit carriers. It may seem high for those seeking to obtain a permit, but for the sheriff departments and county attorney offices that have to do background checks and handle the administration end of it, itıs not enough.

For Mille Lacs County the number of people seeking permits has been nominal.

Since May 28, the Mille Lacs County Sheriffıs Office has had 15 applications for a permit to carry, some of which may have been renewals versus new applications.

In 2002, according to the BCAıs concealed carry by agency report, the Mille Lacs County Sheriffıs Department received 39 applications and granted 35 permits.

The report indicated that the Milaca Police Department received two applications and denied both. The Princeton Police Department received eight applications last year and granted five.

Of the applications applied for at those three agencies, 14 cited personal safety as the reason for obtaining a permit, while 35 reported an occupational hazard as the reason.

Some questions surrounding the permit to carry issue are yet to be answered. But, questions on obtaining a permit and the rules and regulations pertaining to carrying a gun can be answered at the BCAıs website at www.bca.state.mn.us.