DOJ Says Minnesota Firearm Purchase Rules Violate Second Amendment

Minnesota — The U.S. Justice Department sued Minnesota, Minneapolis and St. Paul on Thursday, challenging the state’s rules for buying handguns and certain semiautomatic rifles. The department argues that the permit and transfer process unconstitutionally delays purchases by people seeking firearms for self-defense at home.

Under Minnesota law, a person without a permit to carry generally must obtain a permit to purchase or submit a transferee report before acquiring a handgun or covered rifle. State law gives police chiefs or sheriffs up to 30 days to decide a permit application. A permit to carry can also be used to purchase a firearm without an additional purchase permit.

In its federal complaint, the department argues that those rules can make a buyer wait up to 30 days even when the firearm is intended solely for use at home. It further alleges that permit approvals in Minneapolis and St. Paul commonly exceed the statutory deadline and that some applicants have waited nearly 60 days. Those longer delays are allegations in the lawsuit, not a separate waiting period established by state law.

“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 K. Dhillon said in the Justice Department’s announcement.

The department asks the U.S. District Court for the District of Minnesota to declare the challenged practices unlawful and block their enforcement. A court has not ruled on the claims.

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