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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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| Those, who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed by the fear of an armed people. — Aristotle, as quoted by John Trenchard and Water Moyle, An Argument Shewing, That a Standing Army Is Inconsistent with a Free Government, and Absolutely Destructive to the Constitution of the English Monarchy [London, 1697]. |
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