Posted on 01/18/2025 6:10:44 AM PST by marktwain
On January 7, 2025, two interstate commercial truck drivers filed a complaint in the Federal District Court for the District of Minnesota. The lawsuit contends Minnesota, and in particular, the Commissioner for the Department of Public Safety, is infringing on the exercise of their Second Amendment rights by not recognizing their right to bear arms across state lines.
Here is the introduction of their complaint:
- This is a constitutional challenge to Minnesota’s refusal to recognize firearm permits lawfully issued by other States. Minnesota criminalizes carrying a firearm without a Minnesota permit or a recognized out-of-state firearm permit. 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 only recognizes the out-of-state firearm permits from 20 states, and refuses to recognize the out-of-state permits from 29 states, including Texas, Florida, and Georgia. In other words, millions of law-abiding citizens who lawfully bear arms in their home states cannot do so while visiting the State of Minnesota—unless they obtain a separate Minnesota firearm permit.
- Minnesota’s failure to honor lawfully issued firearm permits from all States places an unreasonable burden on Plaintiffs’ Second Amendment right to bear arms. Individuals do not lose their constitutional rights simply by crossing into another state. In fact, there is no other constitutional right that Minnesota requires a visiting individual to first obtain permission before they may exercise a fundamental right.
- The Minnesota firearm permit law and the Commissioner’s arbitrary refusal to recognize the lawfully issued firearm permits from all other States violates the Second Amendment. Defendant will continue to infringe on millions of Americans’ right to bear arms in Minnesota unless, and until, a court declares the law
(Excerpt) Read more at ammoland.com ...
Here’s something else to consider. The federal Gun-Free School Zones Act does not recognize an out-of-state permit even if the state that you’re in does.
And school zones are everywhere.
From Wikipedia:
Although the federal GFSZA does provide an exception for an individual licensed to carry a firearm, this exception only applies in the state that physically issued the permit.
Nearly all 50 states have provisions to issue concealed carry permits to citizens. Most of these states also enter into reciprocity agreements with other states where each state agrees to recognize the other’s concealed carry permits.
Because the Federal GFSZA requires the permit be issued by the state which the school zone is in, it is difficult for a permit holder to travel outside their state of issuance to a reciprocating state without violating the Federal GFSZA.
Minnesota does allow us folks from ND to carry if we have the Class 1 license, of which I do.
I can’t wait for national reciprocity as states like Illinois and Kalifornia will have to let me in armed. A person will have to follow their gun laws such as magazine size limitations and other crap, but at least a person can be armed.
The Gun Free School Zone Act is being challenged in court cases in Texas and Montana. (Fifth Circuit and Ninth Circuit)
Somehow I imagine a long row of two-sided lockers, built right along the state line by a major highway. Truckers put their arms in on one side—and retrieve them on the other.
We have traveled in other states when all of a sudden we realize we are in a school zone. One must make certain all traffic rules are strictly adhered to or do a uturn and get out.
But I must add, gun free school zones do work, and work well. There has not been a gun related death at a school in decades. /s/
Is the Full Faith and Credit clause mentioned in there somewhere?
L
The two cases I have read are straight up Second Amendment cases.
The Gun Free School Zone Act was struck down as unconsitutional in 1995. Here is a relatively concise history of the GFSZA.
https://www.ammoland.com/2023/09/unconstitutional-tragedy-joe-bidens-gun-free-school-zone-act/
I would like to see gun control laws declared unconstitutional (because they are).
Short-term, I’d settle for national reciprocity. It’s not ideal, but if one state says you can carry, then the other 49 ought to just accept it. Greenland too.
It is nearly impossible to travel without intersecting Gun Free School Zones.
The Act was a way to ban people from being armed while traveling. It is a direct attack on Second Amendment rights.
And yet there have been, or are still, efforts within Minnesota to make it a sanctuary state for illegal immigration.
I don’t understand why a case hasn’t been brought under the Full Faith clause. Drivers and marriage licenses are accepted across State lines. Why are CCLs any different?
L
I prefer the court declare that individual states cannot regulate the carrying of weapons across their state lines over the “National Reciprocity” bill. I don’t need the federal government to give me permission to exercise a right that I already have, and that they didn’t give to me in the first place.
A homo marriage is recognized in all 50 states. So is a divers license. Why not a concealed carry?
Meanwhile, from NYS...
Guess why...
YEAH! With all the illegal aliens and their gangs taking over America, truck drivers should be required to be armed at all times. They need to defend their employer’s property.
> The Gun Free School Zone Act was struck down as unconstitutional in 1995. <
True, but then Congress “fixed” it. The Nanny State just wouldn’t give up. So unfortunately the act still in force, and still causing innocent folks grief.
Every weapons law is an infringement.
“A homo marriage is recognized in all 50 states. So is a divers license. Why not a concealed carry?”
The old Progressive Media loves that which destroys Western Civilization. They hate the sexual restraints of Christianity. They detest the Second Amendment.
That is why. Trump has succeeded in displacing the Old Progressive Media. Now there is competition in the Media.
The Mediacracy has finally been broken.
It’s a shame that people are required to go to court (and spend money) for what is so clearly written in the Constitution.
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