Gun Laws And 2a
St. Paul Mayor, Councilors Considering Ban On Many Common Semi-Auto Firearms
St. Paul Mayor, Councilors Considering Ban On Many Common Semi-Auto Firearms
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✍️By ZRIntel Editorial Team📍St. Paul, Minnesota
The decision by St. Paul, Minnesota, city councilors to push forward with a plan to ban so-called “assault weapons” and “high-capacity” magazines is drawing fire from a state gun owners’ group. At their October 22 meeting, councilors introduced a proposal that would ban many common semi-automatic rifles and high-capacity magazines that hold more than 10 rounds within the city limits. “We have to do something,” said St. Paul Mayor Melvin Carter, who is backing the proposal. “What we’re saying isn’t that you can’t make, sell, or own an assault rifle. What we’re saying is don’t carry it down Grand Avenue.” Mayor Carter did not elaborate on whether carrying an “assault weapon” down Grand Avenue was currently a big problem in the city.
The main downfall of the proposal, which is likely to pass given the council’s support, is that it violates the state’s firearms preemption law, which was enacted for just such a purpose. That law states: “The legislature preempts all authority of a home rule charter or statutory city, including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a governmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void.”
That’s just one of the sticking points with the Minnesota Gun Owners Caucus (MGOC), which trashed the proposal in a recent action alert. “Saint Paul politicians are pushing an illegal firearms ordinance that directly violates Minnesota’s preemption law, which prohibits cities from regulating firearms, ammunition, or their components,” MGOC said in the alert. “They know it’s unlawful—and they’re doing it anyway. MGOC also explained that the proposed ordinance would do nothing to prevent crime.
“It won’t make the city safer,” the alert said. “But it will create confusion, chill lawful conduct, and put peaceable gun owners and businesses at risk. Even delayed enforcement doesn’t make it legal—it’s void from day one. This is nothing more than political grandstanding at the expense of your rights—and it sets a dangerous precedent for cities across Minnesota.” State Rep. Kaohly Her, who is challenging Mayor Carter in the upcoming November 5 election, is also criticizing the proposal for running afoul of the state preemption law.
“To proactively pass ordinances, or to pass ordinances that you know will be legally challenged, which means you are using tax dollars to fight something just to make a stand, to say that you’ve done something, that’s super performative,” she commented.
As debates continue, the gun rights community remains alert to the implications of local councils attempting to enact regulations that may conflict with state laws. The outcome in St. Paul could resonate across Minnesota, potentially emboldening further local actions or, conversely, prompting stronger protections for gun owners at the state level. This scenario resonates with ongoing tensions around the interpretation of Second Amendment rights versus local regulatory efforts.
In summary, while St. Paul's city council appears poised to proceed with a controversial ban, stakeholders from both sides of the debate understand the legal landscape. The Minnesota Gun Owners Caucus emphasizes that efforts infringing upon lawful ownership will face opposition and could lead to costly legal ramifications for the city. As the November election approaches, the fervor surrounding this issue is unlikely to fade, with increased attention on how local governance intersects with constitutional freedoms. ShoQ's Take: The rapid push for restrictive measures in St. Paul may amplify scrutiny of local firearm policies, particularly when juxtaposed against state laws designed to uphold individual rights. Gun owners across Minnesota should remain vigilant, as similar efforts could crop up in other municipalities. This ongoing tug-of-war highlights the critical balance required between legislative initiatives and maintaining Second Amendment freedoms, illustrating the necessity for informed advocacy as we enter election season.