BB62
Accomplished Advocate
http://www.guns.com/2017/04/07/man-charged-while-open-carrying-has-lawsuit-dismissed/
"A Minnesota gun owner suing the city of St. Cloud and three police officials after he was arrested while walking in public with his rifle saw a federal judge side with the city last week.
U.S. District Judge John R. Tunheim granted a motion by the City of St.Cloud and dismissed the case of Tyler Paul Gottwalt on March 28. The gun owner argued the city’s gun regulation is vague, overbroad and fundamentally unconstitutional in light of Minnesota’s preemption laws. This, in turn, led the defendants to overstep their powers, violating Gottwalt’s civil rights in the process.
Tunheim did not agree.
“Because Minnesota law does not permit an individual to publicly carry an AK-47 while in possession of a valid permit to carry a weapon, and because laws outlawing the public carrying of an AK-47 are not unconstitutional under the Second Amendment, the Court will grant the Defendants’ motion to dismiss Gottwalt’s claims,” wrote Tunheim in his 10-page opinion. ..."
Yes, yes, I see that the firearm in this case is a rifle, however 1) according to OCDO, MN has no RKBA in its Constitution, 2) according to the Federal judge the 2nd Amendment doesn't apply (and I hardly think he would draw a distinction between HGOC and LGOC), and 3) the man was charged with a violation of a local gun law, yet according to OCDO, there is complete state preemption.
HGOC = handgun open carry
LGOC = long gun open carry
"A Minnesota gun owner suing the city of St. Cloud and three police officials after he was arrested while walking in public with his rifle saw a federal judge side with the city last week.
U.S. District Judge John R. Tunheim granted a motion by the City of St.Cloud and dismissed the case of Tyler Paul Gottwalt on March 28. The gun owner argued the city’s gun regulation is vague, overbroad and fundamentally unconstitutional in light of Minnesota’s preemption laws. This, in turn, led the defendants to overstep their powers, violating Gottwalt’s civil rights in the process.
Tunheim did not agree.
“Because Minnesota law does not permit an individual to publicly carry an AK-47 while in possession of a valid permit to carry a weapon, and because laws outlawing the public carrying of an AK-47 are not unconstitutional under the Second Amendment, the Court will grant the Defendants’ motion to dismiss Gottwalt’s claims,” wrote Tunheim in his 10-page opinion. ..."
Yes, yes, I see that the firearm in this case is a rifle, however 1) according to OCDO, MN has no RKBA in its Constitution, 2) according to the Federal judge the 2nd Amendment doesn't apply (and I hardly think he would draw a distinction between HGOC and LGOC), and 3) the man was charged with a violation of a local gun law, yet according to OCDO, there is complete state preemption.
HGOC = handgun open carry
LGOC = long gun open carry