Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn
Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn
On January 7, two interstate commercial truck drivers initiated legal action in the Federal District Court for the District of Minnesota. The lawsuit challenges Minnesota's refusal to acknowledge firearm permits issued by other states, arguing that this infringes on their Second Amendment rights.
The complaint highlights that "Minnesota criminalizes carrying a firearm without a Minnesota permit or a recognized out-of-state firearm permit." It further states, "Every year, the Commissioner for Minnesota’s Department of Public Safety decides which out-of-state firearm permits Minnesota will and will not recognize. The recognition of out-of-state firearm permits is at the Commissioner’s sole discretion and is not based on objective standards."
Currently, Minnesota acknowledges out-of-state firearm permits from only 20 states but excludes those from 29 others, including Texas, Florida, and Georgia. This situation requires visitors to obtain a separate Minnesota permit to legally carry firearms within the state. The plaintiffs argue that this imposes an unreasonable burden on their constitutional rights.
The complaint asserts that "individuals do not lose their constitutional rights simply by crossing into another state," emphasizing that no other constitutional right requires permission before being exercised when visiting another state. It concludes by stating that "the Commissioner’s arbitrary refusal to recognize the lawfully issued firearm permits from all other States violates the Second Amendment."
There are ongoing cases in various courts challenging similar restrictions on Second Amendment rights across state lines. Two such cases are in Massachusetts' Supreme Court of Judicial Appeal and two others in California. These could set precedents favorable to exercising these rights across state lines.
Senate Bill S65, National Reciprocity, recently introduced in both chambers of Congress, could render these cases moot if enacted. With 29 states allowing permitless or Constitutional carry and 21 with “shall issue” laws, there is significant interest in national reciprocity among lawmakers.
Most senators represent states where many can legally carry concealed weapons. They may find little reason to prevent visitors from exercising their Second Amendment rights as guaranteed by the U.S. Constitution. President Donald Trump has indicated he would sign such a bill if it passes through Congress.
Republished with permission from AmmoLand.