No. 25: Bad Apples

 Does anyone else cringe when Minnesota carry activists publicly congratulate themselves for being law-abiding?   Why not just shout “We’re not serial killers!”

Lawful behavior isn’t a bragging right. It’s the price of admission to civil society.  Get over yourselves. 

In 2003 Governor Tim Pawlenty opened a Pandora's Box of incivility after he signed the Personal Protection Act into law. This shift in public policy made it easy for Minnesotans to purchase carry permits. More importantly it cemented the gun industry’s hold on this once nice State. Overnight citizens started lining up with their wallets.

Part of the grand bargain stipulates that applicants are denied permits if they committed certain criminal violations like felonies and violence, if they're chemically dependent or if they pose a threat to themselves or others. Makes sense, right? After all, who would sell a permit to someone like that?

But here’s a question that may keep you up at night. How do sheriffs screen applicants with undocumented  criminal behavior undocumented  chemical dependence or undocumented  mental illness?  This blind spot in the law increasingly places the Department of Public Safety in a position where it is forced to introduce greater risk to public safety.

This isn’t hyperbole.

In 2013, sheriff departments across  Minnesota denied, voided, revoked or suspended a total of 2034 permit applications. 173 denials were reversed on appeal and MDPS issued permits.  22 in Hennepin County alone.

Hennepin County sited the following denial reasons in the  Permitto Carry Annual Report published by the Minnesota Bureau of CriminalApprehension in 2014:

County	Denial Reason	Appealed	Result
Hennepin	Numerous arrests and charges for Felony Receiving & Possessing Stolen Property, Theft of a Motorcycle, Domestic Assault twice and Disorderly Conduct show history of poor decisions and lack of good judgment.	YES	Issued
Hennepin	Pattern of criminal activity including 7 arrests and a total of 72 contacts with law enforcement as well as juvenile conviction for Receiving and Concealing Stolen Property show history of poor decision making and a lack of good judgement.	YES	Issued
Hennepin	Contacts involving Assault, OFPs, Damage to Property, Simple Robbery and Disorderly Conduct show history of making poor decisions and a lack of good judgment.	YES	Issued
Hennepin	Pattern of behavior of multiple arrests and charges for narcotics, disorderly house, presecription forgery, domestic assault and Felony receiving and concealing stolen property as recent as January of 2013 shows disregard for the law.	YES	Issued
Hennepin	Charged with CSC and Harassment Stalking to which he pled guilty to Gross Misdemeanor Harassment steming from incident at Mall where he followed a woman out of the mall and grabbed her under her dress shows history of making poor decisions and a lack of good judgment.	YES	Issued
Hennepin	Arrest for 5th Degree Controlled substance led to ammended Felony Dangerous Weapon on School Property and has additional arrests for Burglary, Receiving Stolen Goods show poor decision making, lack of good judgment and basic disregard for the law.	YES	Issued
Hennepin	Has 3 Domestic Assault arrests that led to guilty plea for disorderly conduct as well as involvement with law enforcement for strong-arm robbery and assault show pattern of a lack of good judgment and a general disregard for the law.	YES	Issued
Hennepin	Still has arrests for 1st Degree Damage to Property, Carrying a Weapon Without a Permit, Theft and Resisting Arrest which shows a lack of good judgment and disregard for the law.	YES	Issued
Hennepin	Substantial likelihood applicant is a danger to self or the public, if authorized to carry a pistol under a permit.	YES	Issued
Hennepin	Danger to self or public, if authorized to carry a pistol under a permit.	YES	Issued
Hennepin	Has multiple contacts with Law Enforcement	YES	Issued
Hennepin	Failed to quailify under MN Statute / Ordered by judge to not possess firearm at this time	YES	Issued
Hennepin	Numerous contacts with Law Enforcement	YES	Issued
Hennepin	Several contacts with Law Enforcement.	YES	Issued
Hennepin	Previous contact with law enforcement.	YES	Issued
Hennepin	Numerous contacts with law enforcement.	YES	Issued
Hennepin	Danger to self/others.	YES	Issued
Hennepin	Arrested, charged and found guilty of Domestic Assault. Had several contacts with law enforcement that included assaultive behavior.	YES	Issued

What this means is that over the next four years anyone of these bad apples could pull up behind you at the Pump & Munch carrying a loaded pistol.  Legally.  Hopefully nothing happens. But what if that one time he’s intoxicated, or tuned up on meth or struggling against a psychotic episode.  Maybe he doesn’t like the loud music coming from your car?

.  .  .

Not even a genuinely spotless criminal history is proof an applicant will always do the right thing when no one is looking. Shrill gun advocates insist that permit holders are law-abiding but they willfully ignore the growing numbers of bad apples joining their ranks.  More hyperbole?

In 2013, Minnesota sheriffs revoked 57 valid permits for the following reasons:

County	Revocation Reason	Appealed	Result
Aitkin	Felony Assault 2nd Degree Dangerous Weapon	NO	N/A
Aitkin	609.223 subd. 1 FElony Assault 3rd Degre	NO	N/A
Anoka	Found guilty of carrying a Pisol under the influence of a controlled substance	NO	N/A
Anoka	4 POLICE CALLS REGARDING MENTAL HEALTH, DANGER TO SELF AND OTHERS. APPROVED BY CMDR. SOMMER. 10-14-13	YES	Issued
Blue Earth	convicted of domestic assault on October 5, 2012. Unable to possess any guns per court order.	NO	N/A
Brown	sheriff's concern for safety of self or others	NO	N/A
Brown	assault found on record	NO	N/A
Cass	diagnosed bi-polar	NO	N/A
Chisago	DANCO & HRO issued against	NO	N/A
Chisago	Minnesota Statute 624.713	NO	N/A
Clay	Arrested for Domestic Violence and interferring with 911 Call.	NO	N/A
Crow Wing	conditions for OFP	NO	N/A
Crow Wing	Felony 3rd degree assault charges pending	NO	N/A
Crow Wing	danger to self and others.	YES	Revoked
Crow Wing	Not officially appealed. Correspondence only received from applicant.	YES	Issued
Crow Wing	charges pending per 624.713 subd 1a	NO	N/A
Crow Wing	Charges pending: terroristic threats	NO	N/A
Crow Wing	624.713 subd 1a	YES	Issued
Crow Wing	Felony conviction	NO	N/A
Grant	THIS IS A PERSON CONVICTED IN GRANT CO COURT OF A CRIME PUISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR	NO	N/A
Hubbard	Reckless Discharge of a Firearm (Felony) MN Statute 609.66 subd 1a (a)(3), la(b)(2)	NO	N/A
Hubbard	Revoked due to incident on 5/29/2013, which was handled by the PD. He was taken to a medical facility for a mental health evaluation.	NO	N/A
Isanti	While performing an Annual Review I noticed that there was a Domestic Assualt Charge that was pled to Disorderly Conduct. After talking with the Sheriff his Permit to Carry has been Revoked.	NO	N/A
Itasca	Notified from Sterns County Attorney that permit holder had been alleged of a crime of Reckless Discharge of a Firearm. Charges pending.	NO	N/A
Itasca	OFP out of Scott County for one year	NO	N/A
Koochiching	Per Sheriff Jespersen, IC , revoke license for one year from this date Oct 21, 2013.	NO	N/A
Martin	Court Order/Condition of Release current charges of 2nd Assault/Terroristic Threats/Domestic Assault	NO	N/A
Martin	Convicted - 624.7142 - Carry Under the influence	NO	N/A
Martin	Federally prohibited person	YES	Issued
Mower	Carrying while intoxicated	NO	N/A
Mower	Arrested for DUI, over .10 blood alcohol, in possession of a handgun	NO	N/A
Nicollet	Charged with Dangerous Weapons 609.66.1a(a)(3) Felony Drug Possession-3RD Degree 152.023.2(a)(1)	NO	N/A
Olmsted	recent conviction	NO	N/A
Otter Tail	Notified of revocation on 03/28/2013. Card was cut up according to and no longer has in possession	NO	N/A
Otter Tail	Due to involvment in OFP Violation and 1st Degree Burglary on March 9, 2013. CFS .	NO	N/A
Pennington	Carrying weapon while arrested for DUI	NO	N/A
Ramsey	Erratic threatening behavior	NO	N/A
Ramsey	Ramsey County District Court Judege Revocation	NO	N/A
Ramsey	Revoked after Revocation Hearing in Ramsey County District Court	NO	N/A
Scott	Carrying a pistol while under the influence of alcohol 0.10 or more.	NO	N/A
Sherburne	disqualification for firearms - criminal vehicular homicide or operation	NO	N/A
St. Louis	TURNED IN CARRY PERMIT AS HE HAS AN ACTIVE OFP ORDER	NO	N/A
St. Louis	Charged with sale of marijuana in the 5th degree.	NO	N/A
St. Louis	Conviction in 2012 of possession of drugs in the 5th degree, a felony	NO	N/A
St. Louis	Convicted of disorderly conduct stemming from domestic assault	NO	N/A
St. Louis	Sentenced to 3rd degree possession of a controlled substance	NO	N/A
St. Louis	Convicted of felony 5th degree possession of drugs	NO	N/A
St. Louis	Convicted of felony assault in 3rd degree	NO	N/A
St. Louis	Charged with felony criminal defamation and disorderly conduct	YES	Issued
St. Louis	Plead guilty to 5th degree possession of drugs	NO	N/A
St. Louis	Upon further review, it was determined applicant is ineligible because of a domestic assault conviction.	NO	N/A
St. Louis	On /13 applicant became the subject of an order for protection	NO	N/A
St. Louis	Charged with felony theft of a motor vehicle	YES	Issued
Waseca	Pending Felony Charges in Blue Earth County NO	NO	N/A
Wilkin	Convicted felon and a known illegal drug user	NO	N/A
Wright	Suicidal per judge	NO	N/A

Red indicates permits issued on appeal.

.  .  .

2013 saw the largest increase in Minnesota carry permits issued to date. 2014 is on track for a total number of 200K. With each new milestone, there is a corresponding jump in crime committed by carriers.

Reported Crimes Committed Reporting Period 2013	2013	2013		2013
		Used Pistol
Crime Type	Reported Crimes Committed By Permit Holders	YES	NO	Pistol Use Not Reported/ Known
Arson	3	3	0	0
Assault Offenses - Aggravated, Simple, Intimidation, Drive by Shooting, Threaten with Firearm	9	0	3	6
Bad Checks	6	0	3	3
Bribery	1	0	0	1
Burglary / Breaking and Entering	6	0	0	6
Counterfeiting / Forgery	0	0	0	0
Crimes Against Children, Violent - Neglect or Endangerment of a Child, Malicious Punishment of a Child	1	0	0	1
Crimes Against Family, Violent - Domestic Assault	42	0	5	37
Crimes Against Family, Violent - OFP Order for Protection	21	0	6	15
Sex Offenses, Criminal Sex Conduct	4	1	0	3
Destruction / Damage / Vandalism of Property	2	0	1	1
Disorderly Conduct	27	1	5	21
Drug / Narcotic Offenses - includes Drug Paraphernalia	43	1	5	37
Driving Under the Influence	145	10	32	103
Embezzlement	2	0	2	0
Extortion / Blackmail	0	0	0	0
Family Offenses, Nonviolent	3	0	1	2
Fraud Offenses - False Pretenses, Swindle, Confidence Game, Credit Card / ATM, Health Care	1	0	1	0
Gambling Offenses - Betting / Wagering, Operating / Promoting / Assisting Gambling, Gambling Equipment Violations, Sports Tampering	0	0	0	0
Homicide Offenses - Murder and Non-negligent Manslaughter, Negligent Manslaughter, Assisting Suicide, Criminal Vehicular Homicide	1	0	0	1
Human Trafficking	0	0	0	0
Interference with Privacy – Harassment, Stalking, Restraining Order, Peeping Tom, Terroristic Threats	4	0	1	3
Kidnapping / Abduction	1	0	0	1
Larceny / Theft Offenses - Pocket-picking, Shoplifting, Theft from Building, Theft from Coin-Operated Machine or Device, Theft from Motor Vehicle, Theft of Motor Vehicle Parts or Accessories, Mail Theft, All Other Larceny	9	0	3	6
Liquor Law Violations - Furnish Alcohol to Minor	6	0	3	3
Motor Vehicle Theft	1	0	0	1
Obstruction of Justice - Resist / Interfere with Police / Interfere with Emergency Call / False Info	2	0	0	2
Pornography / Child Pornography / Obscene Material - Possession, Distribution	3	0	0	3
Prostitution Offenses - Prostitution, Assisting or Promoting Prostitution	4	0	3	1
Robbery - Armed, Simple, Purse Snatching	2	1	0	1
Sex Offenses, All Other	2	0	0	2
Stolen Property Offenses - Receiving, etc.	2	0	0	2
Traffic - Careless Driving, Fleeing Police in a Vehicle, Driving After Cancellation or Suspension, Motor Vehicle Registration, Other Traffic	407	0	50	357
Trespass of Real Property	0	0	0	0
Weapons Law Violations - Carry without Permit, Carry in a Courthouse, Carry in a School, Carry Under the Influence, Certain Persons Prohibited, Explosive Device, Other Carry Permit Violations, Negligent Storage of Firearm, Reckless Handling, Reckless Discharge	20	17	0	3
All Other Not Covered Above	229	1	2	226
2013 Totals	1023	44	129	850

Above: Twin Cities Gun Owners & Carry Forum moderator, Shelley Leeson, discusses 

statistics at a gun rally in St. Paul.  Below: Leeson encourages TCGOCF members to
ignore "bans guns on premises" signs a the Minnesota State Fair.

The 2014 forecast isn't looking so good.  In fairness, there are hundreds of thousands of ordinary  Minnesotans with carry permits out there stopping bad guys with guns.  What about them?

Minnesota sheriff departments submitted to MNDPS a total of 4 lawful and justifiable use of firearms by a permit holders.  In all the years since 2003.  Averaged that's .3 per year.

Pretty underwhelming. 

Carry activists insist these numbers aren't a reflection of reality. They point to sheriff reporting non-compliance as the source of disconnect.

Either way, if an applicant is of the highest moral fiber there is still no guarantee they will maintain proficiency once they get a permit. Newly minted carriers are required to resurface in five years.  Plenty can happen in that time.  

There are no requirements to continually review the rules of engagement and the application of deadly force.  There are no requirements to drill with a gun routinely and correctly. Unless a permit holder runs afoul of the justice system, there isn't enforced oversight like there is for a cop.

For one moment, I'll suspend reality and assume each carrier is of the highest moral fiber and strictly maintains small arms proficiency.  How can it be determined they will exercise critical judgment in the split second it becomes most necessary?  After all, permit carriers aren't required to drill for this *extremely* rare eventuality.

While training in the service I met few people who've been there and to a one they admitted that even highly tested combatants commit costly mistakes or seize up in the chaos and confusion of a fire fight. Especially during an ambush.

After little more than poking a few holes in a paper target, any civilian who self appoints to the arena of public carry ought to receive a psyche eval, compliments of their county sheriff. Carriers I’ve come into contact with strike me as over zealous and confrontational.  They harbor an immature and unrealistic expectation of outcome.

Face it.  All a carry permit guarantees is that the applicant paid for a gun, some ammo, a holster, a carry permit course and the required state and county fees.  That’s it.  Nothing more.

The larger question Minnesotans should be asking themselves this November is who benefits most from this state sponsored charade?   Gun dealers? Range owners? Weapon trainers?  Sheriffs Departments? The Department of Public Safety?  State Law Makers?  Lawyers?  Don’t forget the behemoth gun industry.

Minnesotans deserve the most rigorous and restrictive standards for evaluation when granting anyone permission to carry loaded guns in public - whether its a cop, the National Guard, or a civilian.

Which brings me to the important question of them all. Is such a high standard even attainable?  Maybe not. But state law makers can't do much to worsen the current PPA law, so theres plenty of room for improvement.

On November 4^th vote for candidates who are committed to pushing back on the powerful gun lobby in the State of Minnesota.  Lets restore some civility before Minnesota starts resembling Florida.