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The
Below Comments Relate to this Newslink:
MN: Man Cited For Carrying AK-47 Now Suing City, Says Rights Violated
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Tyler Gottwalt is now suing the city of St. Cloud. According to the lawsuit, Gottwalt was walking in the city on November 17, 2014 with a rifle on his back. Police confronted him and ultimately he was cited for carrying his weapon in public, but Gottwalt's lawyer says the St. Cloud ordinance is in conflict with both state statute and the second amendment.
"When a state statute preempts any other statute, including ordinances, that state statute is supreme," said Attorney Kenneth Udoibok.
Gottwalt said he expected police to stop him but only to see his permit.
"I open carry my handguns," he said Thursday. "I've refrained from that with rifles now."
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| Comment by:
jdege
(5/6/2016)
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1. The carry permit does allow carry of long guns. https://www.revisor.mn.gov/statutes/?id=624.7181
2. And the state preemption statute covers all firearms. https://www.revisor.mn.gov/statutes/?id=471.633 |
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| QUOTES
TO REMEMBER |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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