Posted: 7/23/03

Phillips challenges weapons rule passed by city council July 7th

Alice Pickering
Wyoming Area Reporter

A resolution prohibiting the possession of any dangerous weapon in Wyoming city offices or on city property was challenged Monday evening. The resolution was passed at the council meeting July 7 by a 4-0 vote with Council member Ted Phillips away on a family emergency.

The text of the resolution states the purpose is, ìto protect the free, proper, and lawful access to and from city facilities, including use of public property to conduct public business from interference or disruption, or the threat thereof.î

Areas covered by the resolution are city buildings, spaces leased or controlled by the city and where city business is conducted.

Provisions of the resolution specifically exclude any licensed local, state, or federal police officers in the performance of official duties.

Also excluded are licensed conceal-carry permit holders who notify the city police about the intent to carry such weapons on city property and who have allowed the city police department at least 24 hours to acknowledge the request in writing.

The resolution included providing ìa list of permit holders entering the city facility with their weapons.î

Council member Lynn Koalska presented the resolution patterned after one passed recently in Chisago County. Even then there were disagreements about terminology.

Police Chief Mike Temte alerted council of the phrase ìdangerous weaponî which could be too broadly interpreted and might put an individual in violation if he/she failed to report carrying something like a pocket knife into city hall or for a meeting. Temte said he was certain the intent was to specify firearms, but that it was necessary to be very specific.

Administrator Dennis Coryell had been asked by council to check with the county about the signs which were reported to have been posted at the county building prohibiting guns from the building.

In his written memo, he said the county had placed the signs in the second floor corridor near the judgesí offices. This had been done at their request. The sign text was either ìNo weaponsî or ìGuns Prohibited.î

Sgt. Scott Dexter wanted assurances about off-duty police officers (city, county, or state) being exempted from the rule. Many are on their way to or from work.

The challenge

At the Monday meeting, Phillips challenged the legality of the resolution. He felt the action on the part of council in adopting the resolution on July 7 was ìgoing against the (new) state law;î possibly opening the city to the risk of law suits. He felt it had been adopted hastily.

Phillips said the city canít have a more restrictive law than the state.

He said he had spoken with Chisago County Sheriff Todd Rivard, who had been asked to review the language of the county resolution.

According to Phillips, Rivard did not take a position on the resolution and said it did not provide for arrest or prosecution.

Koalska said she knew the county had spent about two months on the language of its resolution and had kept the language of the cityís resolution nearly the same. County Commissioner Ben Montzka, in attendance on July 7, was not opposed to the language.

Koalska also spoke with Rivard shortly after the resolution was passed. She said the sheriff had no problem with the resolution, but cautioned some common sense discretion.

The resolution is not an ordinance.

City Attorney Tom Miller said the resolution should be more in the form of a policy than a regulation. He believed the state law deals mostly with pistols. Some deficiencies he noted were the 24-hour-notice requirement and the list of conceal-carry weapons holders.

Regarding the resolution Council member Martin English was ìcomfortable going as far as Tom Miller thinks we can or drop it.î

At a meeting earlier in the year, Phillips revealed he had a permit to carry a concealed weapon.

When asked if he planned to carry a gun to council meetings, he said he might or might not.

Mayor Vern Haag wanted to solve the issue for the community. He reported checking websites of some neighboring states with conceal-carry laws on the books

Of those he could access, the most complete law was that of South Dakota, with pages of information, while North Dakota had only a few lines of regulation.

He said the ìlaw needs to be revisited at the state level.î He is in support of the resolution. He wanted the city resolution to be readdressed with a full council. Council member Sandy Standridge was absent.

In the interim, Miller said the city was at low risk for related legal problems.

At Phillipsí request, State Sen. Sean Nienow, who had planned to introduce himself to the council, attended the meeting. A supporter of the state conceal-carry law, Nienow was an observer on Monday.

Phillipsí motion to rescind the resolution died for lack of a second.

A motion to table action/revision until the Aug. 4 meeting passed by a 3-1 vote, with Phillips opposed.

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