It Had to Happen Someday
A permit holder shot the bouncer at Nye's.
A Minneapolis man fatally shot restaurant doorman Billy Walsh four times in the back after the suspect had been tossed out and pestered Walsh to get back in, according to criminal charges filed Monday.
Zachary Ourada, 26, was charged with second-degree murder in Walsh's death following the shooting Thursday night outside Nye's Polonaise Room, a northeast Minneapolis supper club and lounge.
The homicide, Minneapolis' 18th of the year, has drawn special attention because Ourada is believed to be the first Minnesota gun permit holder charged with murder since the state's 2003 permit-to-carry law went into effect. The law required sheriffs to issue permits to people trained to use a pistol safely and not prohibited from owning firearms.
Prediction: Ourada was carrying illegally long before he got the permit.
But I digress:
"I think this is a wake-up call to legislators, and I hope they will take another look," said Rebecca Thoman, executive director of Citizens for a Safer Minnesota. "Putting more guns out there results in more deaths and injuries. ... How many instances is it going to take until there are enough?"
Good question, Rebecca; how many crimes deterred will it take until "there are enough" to shut you the hell up? How many states will need to pass this law without significant problems before you take your checkbook and switch to saving baby seals or something?
Said Sen. Pat Pariseau, R-Farmington, the bill's Senate sponsor: "I don't think it proves problems with the law. I think it proves that someone got [a permit] who shouldn't have gotten one."
WHAT SHOULD HAPPEN: Ourada should get the book thrown at him. Hard. Many times.
WHAT WILL PROBABLY HAPPEN: The Hennepin County District Attorney's office will quietly plead out the gun violation in exchange for a deal; gun violations are an easy throwaway for use in plea-bargains (the Ramsey County attorney's office, which has a strict gun felony law, had as of a few years ago never used it, pleading it away in every single case). HenCo Attorney Amy Klobuchar will use the issue to rile up her base in Minneapolis, but remain vewy vewy quiet about it as she campaigns outstate for Senate, knowing that it's a complete loser for her.
Oh, and Zack? Your "be in the same room or side of the street as Mitch" privileges are permanently revoked.
Posted by Mitch at
May 17, 2005 08:20 AM
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How do you know he was a concealed-weapon permit holder? I thought that information was confidential or secret.
Every time I've ever asked for a list of permit holders, I've been turned down.
So, are the names of concealed-weapon permit holders public information or not?
If not, who leaked this information in violation of the law and what's going to be done about it?
And why did they leak it? Innocent mistake? Or political maneuver to undermine the pending legislation?
Posted by: nathan bissonette at May 17, 2005 08:48 AM.
I'd like to know specifically what are called previous "minor" scrapes with the law,something the Strib didn't see fit to report in detail.
Posted by: Will Allen at May 17, 2005 09:03 AMNathan-
The channel 11 news reported that he had a permit this morning.
LF
Posted by: LearnedFoot at May 17, 2005 09:26 AMYeah, I know it's in the media. What I want to know is HOW it got there.
If permit holders names are public information, I want the list.
If permit holders names are not public information, then somebody leaked this juicy tidbit in violation of the law and I want to know who and why.
Any investigators reading this list?
Posted by: nathan bissonette at May 17, 2005 10:15 AM.
Minn. Stat. sec. 624.714 subd. 14(a):
"The commissioner must maintain an automated database of persons authorized to carry pistols under this section that is available 24 hours a day, seven days a week, ONLY to law enforcement agencies, including prosecutors carrying out their duties under subdivision 8a, to verify the validity of a permit"
The "leak" probably came about as a reult of the prosecutor doing his duty in accordance with the same section, subd. 8a:
"Whenever a person is charged with an offense that would, upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney must ascertain whether the person is a permit holder under this section. If the person is a permit holder, the prosecutor must notify the issuing sheriff that the person has been charged with a prohibiting offense."
LF
Posted by: LearnedFoot at May 17, 2005 10:32 AMThat section is intended for internal law enforcement action - suspend the permit of a guy charged with a crime.
That section does NOT change the data from private to public.
So who blabbed?
Posted by: nathan bissonette at May 17, 2005 10:43 AMI suspect - but can not confirm - that being a perp voids your right to privacy re your permit, among many other things.
That's a hunch, of course.
Lawyers?
Posted by: mitch at May 17, 2005 10:53 AMData collected by government agencies is classified into categories by the Data Practices Act, Chapter 13.
Data on permits to carry weapons is classified as "private" [13.87] meaning it is accessible by law enforcement and by the individual, but not by the public. 13.02
Any public employee who discloses "private" data violates the law, commits a misdemeanor, and can be suspended without pay or fired. 13.09
I can't find a section saying that the rules change if a presumptively innocent person has been arrested and accused of a crime (that's the "perp's" legal status at this point). What if the guy is found innocent at trial - where does he go to get his privacy back?
So who's the public official that broke the law and what's going to be done about it?
Posted by: nathan bissonette at May 17, 2005 11:03 AM.
Somebody in the Hennepin County Sheriff or County Attorney's office broke the law to leak data damaging to proponants of the concealed carry law just a few hours before a vote on that law comes up in the Legislature.
Coincidence or connivance?
This could be a micro-Rather/TANG Memo case. You've got to break it, Mitch.
Posted by: nathan bissonette at May 17, 2005 11:17 AMI think the telling thing is, despite moans and wails that the law would mean blood running through the streets, this is the first case in over two years that the anti-gun crowd can actually even attempt to hoist up.
Posted by: Ryan at May 17, 2005 11:23 AMOkay, I over-reacted, calling this incident proof that the Commies are under the bed (doesn't mean there aren't Commies under there, only that this incident isn't proof of it).
Thanks for researching this to set me straight, Mitch.
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