DOJ Sues Minnesota, Twin Cities Over Gun Purchase Waiting Periods

The Department of Justice (DOJ) on Sept. 24 sued Minnesota and the Twin Cities of Minneapolis and St. Paul, alleging that their laws imposing waiting periods on firearm purchases violate the Second Amendment.

According to the lawsuit, Minnesota law requires a permit to purchase a firearm, which is valid for one year.

The lawsuit said the state law bars the purchase of a handgun or regulated rifle for 30 days after a transferee report is delivered to the buyer’s local police chief or sheriff.

Waiting periods for approvals from police chiefs in Minneapolis and St. Paul commonly exceed the statutory 30-day limit, with some residents having to wait nearly 60 days, the department said.

“The Supreme Court held that the home is where the need for defense of self, family, and property is most acute. When a person needs to defend their home, they need to defend it now, not 30 to 60 days from now,” Assistant Attorney General Harmeet Dhillon of the DOJ’s Civil Rights Division said in a statement.

“Law-abiding citizens do not need government permission to purchase a firearm, and forcing a citizen who has already passed a background check to wait up to 60 days to obtain a firearm is intolerable under the Constitution.”

More than 93 percent of Minnesota residents have not obtained a carry permit, according to the lawsuit.

It stated that for residents without a carry permit, the state’s firearm purchase permit offers “a potential exception to the original 30-day delay by substituting a different delay that may last up to 30 days.”

The lawsuit seeks permanent injunctive relief barring Minnesota and the Twin Cities from enforcing their gun purchase waiting period regulation scheme.

The Second Amendment to the U.S. Constitution protects the right “to possess firearms outside the context of militia or military activity.”

The DOJ has previously sent a notice of suit to Minnesota and the Twin Cities on Sept. 17, saying it would consider deferring the lawsuit if the state agreed by Sept. 23 to enter “pre-suit negotiations” to resolve the matter.

The Epoch Times reached out to the offices of Minnesota’s governor and mayors of Minneapolis and St. Paul for comment but did not receive a response by publication time.