The Trump administration’s Justice Department filed a federal lawsuit Thursday against Minnesota, Minneapolis and St. Paul, challenging state and local requirements that can delay firearm purchases for up to 30 days and, in some cases, nearly 60 days.
The lawsuit targets Minnesota’s permit-to-purchase and transferee-report requirements for handguns and certain semiautomatic rifles. Under state law, residents who do not have a permit to carry generally must wait up to 30 days while local law enforcement processes the necessary authorization. The DOJ says delays in Minneapolis and St. Paul have extended beyond the statutory period, leaving some residents waiting nearly two months.
The department first put Minnesota officials on notice that a lawsuit was coming earlier this month. Assistant Attorney General for Civil Rights Harmeet Dhillon argued that the waiting periods burden the Second Amendment rights of residents who have already undergone background checks and want to obtain firearms for protection inside their homes.
“The Supreme Court held that the home is where the need for defense of self, family, and property is most acute,” Dhillon said in announcing the lawsuit. “When a person needs to defend their home, they need to defend it now, not thirty to sixty days from now.”
The DOJ's complaint argues that Minnesota residents can face a 30-day wait regardless of whether they use the state’s Permit to Purchase process or a Transferee Report. It also challenges the one-year validity of the state permit, arguing that residents who want to maintain the authorization could face another 30-day waiting period each year.
The lawsuit further alleges that Minneapolis and St. Paul police departments have frequently taken longer than the statutory 30-day limit to process applications. The complaint says Minnesota law provides no penalty for agencies that exceed the deadline and no specific remedy for applicants forced to wait longer.
U.S. Attorney Daniel Rosen for the District of Minnesota said the Justice Department is seeking to protect Minnesotans’ ability to purchase firearms, while Minnesota Attorney General Keith Ellison has defended the state's requirements as part of its background-check system.
The case now moves to federal court, where Minnesota, Minneapolis, and St. Paul will have an opportunity to defend the challenged laws. The Justice Department is seeking an injunction preventing enforcement of the firearm purchase restrictions it argues violate the Second Amendment.
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