NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: Husker_Fan on May 11, 2010, 09:37:02 AM
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Minnesota does not honor the NE permit because the laws are "not substantially the same." Does anyone know why?
I looked all over the MN DPS and AG websited but didn't see anything.
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Where were you told that information?
I believe that Nebraska isn't on the Minnesota list yet because LB430 went into effect after Minnesota's last review process. That annual review is in June. I am hoping that Nebraska will be added this summer after the review in June. I haven't seen anything (yet) that would indicate Nebraska would not be added once a review is done.
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Hopefully that's it. I wasn't sure if LB430 fixed the reciprocity problem or not.
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Can we write the controlling authority and request that Nebraska be included in the next review? Squeaky wheel gets the grease
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I was thinking the same thing. Unlike NE, it's not the AG, but the Commisioner of the Department of Public Safety that makes the decision.
Michael Campion
Town Square Building
444 Cedar Street
Saint Paul, Minnesota 55101
(651) 201-7000
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OK members, here is your mission...Reciprocity with Minnesota... Go get 'em
Commissioner Michael Campion
Minnesota Department of Public Safety
Central Office, Town Square Building 444 Cedar Street, Suite 1000
St. Paul, MN 55101
Work Phone: (651) 201-7000
Fax Phone: (651) 297-5728
E-Mail: michael.campion@state.mn.us
http://www.dps.state.mn.us
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This is what I got back from Suzanne Cellette in MN:
The list of out of state permits valid in Minnesota was last reviewed in June of 2009. A committee looks at the requirements each state has for their permit to carry. They look at what education or classes are required, if the individual is required to do some type of practice shooting, what content is required to be covered in the class materials. etc. Then, if those requirements are the same as the Minnesota statutory requirements, they will recognize a permit to carry issued by that state. The states that MN recognizes are posted on the BCA website and the list is reviewed annually and updated as needed.
Anyone else get a response from Minnesota yet?
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None here. The request I made was to include Nebraska in the review that is upcoming this June.
I don't think during the last review Nebraska had a reciprocity clause in our statute
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No, we did not since LB430 had not gone into effect.
We now have reciprocity and recognize MN permits. I'm sending a message that goes down the list on the MN DPS website of what they look at.
Minnesota law requires that states must have substantially similar standards in order to be granted permit to carry reciprocity. In determining which states currently meet that standard, the Department considered a number of components of the new law, including handgun training requirements, use of criminal background checks, mutual reciprocity issues, as well as prohibitions for criminal convictions and civil commitments. Another crucial consideration was other states? ability to provide Minnesota law enforcement personnel with confirmation of permit validity 24 hours a day, 7 days a week.
I think we meet all of these including the ability to confirm permit validity because the state patrol links CCW status to the driver's license abstract at the DMV. Running a DL will notify an LEO of the status of any CCW permit.
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Yes, I agree that we should be good to go in the next review period, so lets keep some pressure on to get the review on the front burner
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I never did hear anything back and don't see any change on the MN DPS/BCA website.
Anyone else had better luck?
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Minnesota has denied reciprocity to NE thru NSP. I don't have the link handy, but on the NSP website there is a list of states who have entered into agreements with us, Minnesota is in red meaning they won't honor our permit. Minnesota did respond with that answer to NSP
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Minnesota appears to require additional training to renew, that may be the reason they will not honor the Nebraska permit.
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Thanks, I found the pdf updated last month. I would be nice to know why our law is not "substantially similar" to Minnesota's.
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And yet they honor a Utah permit which is less stringent than Nebraska. ???
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Thanks, I found the pdf updated last month. I would be nice to know why our law is not "substantially similar" to Minnesota's.
I have briefly corresponded with E. Joseph Newton, General Counsel, Minnesota Department of Public Safety regarding this. He sent me a copy of two letters he sent to Steven J. Shaw in Lincoln. The most recent letter dated August 6th, 2010.
I can't attach a copy of that letter because it is a PDF file that is larger than the maximum allowed by this board. So I am typing here the bulk of the letter. If anyone really wants to see the original, let me know and I can put the file on my web server and post a link, or find some other workaround.
"Thank you for taking the time to speak with me on Thursday. As we discussed, Nebraska adopted the federal standard for issuing permits to carry. The federal standards, however, do not have any restrictions regarding alcohol use or confinement for chemical dependency. Minnesota requires proof of successful treatment if one is so confined or committed. See Minn. Stat. 624.713. Consequently, the laws are not substantially similar and reciprocity would, therefore, not be allowed." E. Joseph Newton
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"Federal standard" ???
"do not have any restrictions regarding alcohol use or confinement for chemical dependency" ???
Sounds like a weak lawyerly excuse to me. He obviously was stretching to find a problem.