The Minnesota Gun Owners Caucus has threatened to file a lawsuit against the City of Edina if the city passes an ordinance that attempts to regulate firearms. That warning comes as the City of St. Paul is preparing to vote on a gun control ordinance.
Since the August shooting at Annunciation Catholic School in Minneapolis, elected officials in Minnesota cities have expressed a desire to enact firearm regulations at the local level.
However, Minnesota state law explicitly preempts local jurisdictions from passing their own firearm regulations. In fact, Minnesota Statute 471.633 states that all ordinances from local governments that attempt to regulate firearms are “void.”
That law exists to ensure Minnesota has uniform gun laws throughout the state and to keep Minnesota from enduring a patchwork of conflicting gun laws that vary from city to city.
In the wake of the Annunciation shooting, mayors from St. Paul, Minneapolis, and other jurisdictions have called for the state legislature to either enact stricter gun control laws or repeal the firearm preemption law and let cities legislate their own regulations.
Given the closely-divided nature of the Minnesota Legislature, additional gun control laws or a repeal of the firearm preemption law are almost certainly going nowhere.
Despite this, the Edina City Council is considering whether it should pass an ordinance that would regulate firearms. While that ordinance has not yet been drafted, the city council has used a pending St. Paul firearms ordinance as a starting point for discussing the matter.
The St. Paul ordinance would ban “assault weapons, large-capacity magazines, and binary triggers within city limits;” require all firearms to have serial numbers; restrict guns in city buildings and parks; and establish penalties for violations of the ordinance.
However, that ordinance would only become effective upon a change in state law. The St. Paul City Council will discuss, and possibly vote on, the ordinance this afternoon.
At an October meeting, the Edina city attorney was directed to draft an ordinance that regulates firearms despite the city attorney’s own memo which said such an ordinance would be invalidated by state law and cost taxpayer dollars to defend in court.
The city attorney instead recommended that the Edina City Council pass a resolution that calls on the legislature to change state law. While the city attorney was directed to draft a firearms ordinance, the council also voiced support for the resolution idea as well.
On Sunday, the Minnesota Gun Owners Caucus issued a letter which warned Edina that enactment of an ordinance that regulates firearms would result in a lawsuit.
“Should the City proceed with the passage of this ordinance, the Minnesota Gun Owners Caucus will immediately initiate legal action to challenge its validity in court,” wrote the group. “We will seek declaratory and injunctive relief on behalf of our members, supporters, and all peaceable gun owners residing in Edina whose rights and legal clarity are place in jeopardy by this unlawful measure.”
Describing the ordinance as “facially invalid,” the letter concluded by telling the Edina City Council to “abandon this unlawful course of action, respecting both the constitutional limits of municipal power and the rights of your residents.”
Alpha News contacted several Edina city officials seeking comment for this story. However, the city spokesperson said, “Since the Council hasn’t taken action on this, it’s best for you to get any comment from individual Council members on what they are thinking.”
The specifics of Edina’s firearms ordinance, which could differ significantly from the St. Paul ordinance, will likely be unveiled at the next city council meeting on November 18th.
Luke Sprinkel
Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.
