Monday, August 03, 2015

MN:Are All States' Gun Permits now Valid in Minnesota?




In May of 2015, Minnesota enacted an omnibus firearm reform law.  The law went into effect yesterday, 1 August, 2015.

One of the reforms was a change in the wording for Minnesota to recognize permits from other states.  The previous wording required that the other State's law be "substantially similar" to Minnesota's permit law.  The Commissioner of the Department of Public Safety is required to publish a list, and if the State that a person has a permit for is not on the list, then the permit is considered valid.  Here is the old law, that ceased effect on 31 July:
Subd. 16.Recognition of permits from other states.

(a) The commissioner must annually establish and publish a list of other states that have laws governing the issuance of permits to carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.
 The new law has a new criteria:

Subd. 16.
Recognition of permits from other states.

(a) The commissioner must annually establish and publish a list of other states that have laws governing the issuance of permits to carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state not on the list may use the license or permit in this state subject to the rights, privileges, and requirements of this section.
No new list had been posted by late Sunday evening, 2 August.  A contributor at opencarry.org suggests that the new Minnesota list will recognize an additional eight states, and remove recognition from two, Texas and  Utah.  That is mere rumor at present.

I do not wish to be a test case, but it appears that at least for this weekend, all states' permits were valid in Minnesota.    DPS has had ample time to create a new list.   The Minnesota DPS has not issued a list under the new law.

The new law is clear.   If a state is not on the list, its permit is valid in Minnesota. I think the Minnesota authorities would have a tough time prosecuting someone from say, North Dakota who had a permit from North Dakota and was carrying in Minnesota before the Minnesota DPS publishes a new list. Clearly, the old list is no longer valid.



Maybe a new list will be posted on Monday.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

3 comments:

Anonymous said...

When Kansas became a dust bowl California tried to stop Kansans from moving to California by closing the California border. The supreme court put a stop to that by declaring Americans had the right to move any where in the country. States can not pass laws that interfere with freedom of American to go any where in the country, especially laws that prevent you from taking your personal belongings with you or that interfere with your federally guaranteed rights such as keep and bear. proving that all of your rights travel with you. Not recognizing the right to keep and bear arms is unconstitutional, permit or no permit. shall not infringe, a permit is an infringement. No state has the authority to deny any of your federally guaranteed God given rights especially the right of self protection and freedom of movement.

Anonymous said...

I have a question for everyone. Arizona does not require a concealed carry license. Since I am a natural born American citizen and my rights are with me all the time anywhere I am in this country. How can any state enforce license only laws? It makes no difference where I am in this country, My second amendment right is guaranteed by the federal constitution. the tenth amendment forbids the states to make gun laws. Read it. Is the second amendment in the federal constitution or not? Show me any words the states use in their state gun laws that are in the 26 words of the second amendment. then show me state authority to amend the federal constitution. It is in no way a states rights issue. It is a federal guaranteed right. To keep and bear shall not infringe. the tenth amendment only allows states to address issues not addressed in the federal constitution. To me the issue is settled there are no valid state gun laws. We are not obligated to obey any unconstitutional laws. Police opinion don't count legislators opinions don't count judges opinion don't count the written laws is what counts and the second amendment has never been amended or repealed or modified. It is a federally guaranteed right and states have no say. How would it be accepted if a state passed a law that said we have to house law enforcement officers for free in our homes? What if a judge decides he likes your home and moves you out and he move in? Read the Bill of rights. What if the DA came in and took all of your documents at gun point just to see if he could find something to try you for? There is a reason we have a bill of rights.

Anonymous said...

They just released the new list. They didn't include Wisconsin as similar and they DROPPED Utah from the list. Pathetic.