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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
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| The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. — Joseph Story, Commentaries on the Constitution of the United States; With a Preliminary Review of the Constitutional History of the Colonies and States before the Adoption of the Constitution [Boston, 1833]. |
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