The federal government is suing Minnesota and its two largest cities, claiming the state’s statutory scheme for purchasing handguns and certain rifles violates the Second Amendment rights of Minnesotans who do not have a permit to carry.
Specifically, the lawsuit targets state law that requires a standard firearm purchase to be subject to a mandatory delay of up to 30 days while a transferee report is delivered to the purchaser’s local police chief or sheriff and the law requiring Minnesotans to obtain a permit to purchase from local police chiefs or sheriffs.
While Minnesota law allows up to 30 days for a permit to purchase to be granted, the lawsuit alleges that waiting periods for approvals from chiefs of police in St. Paul and Minneapolis commonly exceed 30 days, with some citizens waiting nearly 60 days for approval.
The lawsuit claims that over 93% of Minnesota
The lawsuit claims that over 93% of Minnesota residents do not have a carry permit and therefore, Minnesotans “who merely wish to defend their home” are forced to face a 30-day waiting period every year.
“Given the recent, shocking, and tragic instances of gun violence in Minnesota, it is astonishing that the Trump administration is devoting its resources to attacking Minnesota’s police departments and the state’s common-sense background check laws,” Minnesota Attorney General Keith Ellison said about the lawsuit. “These laws, which Minnesota’s elected representatives passed democratically, are in place to ensure permits to purchase or transfer handguns and assault rifles are issued only to eligible purchasers. It should disturb every single Minnesotan that Donald Trump’s Department of Justice is trying to make Minnesota less safe.”
WCCO has reached out to the City of St. Paul and the City of Minneapolis for comment on the lawsuit.
Well, I fully expected we’d see some legal
“Well, I fully expected we’d see some legal challenges to the law. I didn’t know exactly where they’d come from,” Democratic Minnesota Sen. Ron Latz told WCCO on Friday.
Latz later added, “I didn’t anticipate that the U.S. Department of Justice would be the ones bringing the challenge.”
Rob Doar of the Minnesota Gun Owners Caucus says it’s likely the Justice Department targeted Minnesota despite a dozen other states having a similar law.
According to Latz, the legislation doesn’t violate the Second Amendment.
The amendment is subject to reasonable regulation, he
“The amendment is subject to reasonable regulation,” he said. “The Second Amendment is not absolute.”
Latz says he respects the Second Amendment, but that his priority is protecting the public.
The federal government is asking the court to enter a permanent injunction stopping the enforcement of the laws. Doar says the case could take years for the court to figure out, and even if it does, a new administration could later dismiss it.