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DOJ Sues Minnesota Over 30-Day Waiting Period to Buy Guns – Infringes on Citizens' Right to Self-Defense

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The Justice Department on Thursday sued the state of Minnesota and two major cities so that state residents wanting to protect themselves with their firearms can do so without government interference.

The cities of Minneapolis and St. Paul are being sued along with the state government over state law that means anyone seeking a permit for a regulated weapon, which includes handguns and some rifles, must wait at least 30 days, according to a Department of Justice news release.

In practice, the waiting periods in St. Paul and Minneapolis are often 60 days, the release said.

“The Supreme Court held that the home is where the need for defense of self, family, and property is most acute. When a person needs to defend their home, they need to defend it now, not thirty to sixty days from now,” Assistant Attorney General Harmeet Dhillon of the Justice Department’s Civil Rights Division said.

“Law-abiding citizens do not need government permission to purchase a firearm, and forcing a citizen who has already passed a background check to wait up to sixty days to obtain a firearm is intolerable under the Constitution,” she added.

“The Second Amendment is not a second-class right! MN’s restriction of civil rights behind waiting periods is unconstitutional and indefensible,” Dhillon posted on X.

“We are committed to protecting Minnesotans’ right to purchase firearms and we will not tolerate procedures that are wielded in a way that impairs that right,” U.S. Attorney Daniel Rosen for the District of Minnesota said in the DOJ release.

The lawsuit noted that state rules for concealed carry permits and those for citizens simply wanting a gun to defend their homes are different, and that 93 percent of the permits requested are not for concealed carry.

A Minnesota resident wanting a handgun must ask permission from the local chief of police or county sheriff.

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Law enforcement officials have at least 30 days to review the application, which is only good for one year.

When law enforcement goes beyond the 30-day period, citizens have no form of redress for the delays, meaning police agencies can stall without any consequences.

The Minnesota system “effectively creates a waiting period of up to 30 days to purchase handguns and regulated rifles,” the lawsuit said.

“Defendants will not be able to rebut the presumption of unconstitutionality because they will not be able to show that the State’s waiting period is consistent with the nation’s history and tradition of firearms regulation,” the lawsuit continued.

The Trump administration is seeking a permanent injunction that would end enforcement of the laws.

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Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.
Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.
Jack can be reached at jackwritings1@gmail.com.
Location
New York City
Languages Spoken
English
Topics of Expertise
Politics, Foreign Policy, Military & Defense Issues




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