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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 |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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