Understanding Minnesota's Firearm State Preemption: Key Implications for Gun Owners

Firearm advocates and anti-gun lobbies are engaged in a back and forth here in Minnesota these days.  Since the horrific political assassinations by a former Walz appointed business member on Melissa Hortman and her husband.  This was unfortunately followed up by the evil targeting of children at Annunciation Catholic School by a trans shooter.  Governor Tim Walz (DFL) has been pushing to hold a special session on “gun violence” at the state capitol.

Due to the political divide in Minnesota, (State house split 67 DFL -67 Rep. and the state Senate is 33 DFL – 32 Rep.) has led to gridlock at the State Capitol.  With each passing week the chances of anything passing statewide have become increasingly unlikely. This is where several cities such as St. Paul and Minneapolis are attempting to ram through gun restrictions on their own.

This flies into direct conflict with the “Firearm State Preemption Law” on the books here in Minnesota.  However, not many people seem to understand why this law is important, or even what its purpose is.  Minneapolis Mayor Jacob Frey (DFL) and St. Paul Mayor Melvin Carter (DFL) have both attacked the law and put pressure on Walz to overturn the law. St. Paul has even recently brought forth a city ordinance that would ban commonly owned firearms within St. Paul.

However, St. Paul is openly admitting that this ordnance would not be enforceable under the Minnesota Preemption Law.  So, what is State Preemption Law?  When did it pass?  Why does it exist?  What does it do?  These questions are fair and out to be explained as these types of laws serve an important function. 

First and foremost, Preemption Laws are not limited to firearms alone.  There are many types of Preemption Laws on the books in Minnesota and other states.   Also, we should start out with the definition of “Preemption”.  According to Merriam-Webster, “preemption means “a doctrine in law according to which federal law supersedes state law when federal law is in conflict with a state law”.

This just means that state law, or federal law in some cases, is supreme.  This is done to give uniformity throughout a jurisdiction, in this instance the state of Minnesota.  These laws are designed to protect us, the citizens.  So, when we travel freely throughout this state, we know what the laws are regardless of which city we happen to be in. 

Let’s take tobacco, as an example.  The state of Minnesota has a law on the books that sets the tobacco age at 21.  This law would prevent a place like Rochester, from lowering the tobacco age to 18 if they wanted to.  This is due to the criminal nature of the law.  So, if Rochester had lowered the tobacco age to 18, and a citizen of Rochester took that tobacco to another city and sold it to an 18-year-old, they would be breaking the law.  To prevent this, Minnesota set universal standards for the sale of tobacco throughout the state.  The Federal Government has done this as well with respect to alcohol.

The same principle exists with firearms.  Firearm ownership and possession can carry severe criminal penalties depending on who and what they are in possession of.  To ensure that citizens of the state do not unexpectantly get jammed up in legal jeopardy, the state of Minnesota in 1985 set up a law that mandated all Firearm Laws in the state of Minnesota had to be passed through the state legislature and signed by the governor.  This would set the statewide expectations, and rules for ownership and possession.

This law was further updated in 2003 to ensure that work arounds by local cities would not happen.  These types of laws are there to protect you and me, the general citizen, from accidentally breaking the law in another city we do not live in just by passing through.  The misunderstanding of why a law like this is passed has led to the confusion.  There is also a possible deliberate misrepresentation of why this law was passed.

It was not done out of malice, nor to restrict local authorities from doing their job.  It was passed to ensure the constitutionally protected actions of the citizens of Minnesota would not be trampled on by local authorities.  It ensures me and you can travel throughout the state in confidence we understand the expectations and responsibilities we have when carrying or transporting a firearm.

It gives us universal rules to live by and ensures that the rights of ALL Minnesotans are protected.  Your zip code should not ensure your right to self-defense or purchasing a firearm.  We are all equal and all rights are given by God to everyone of regardless of race, sex, and creed.  Preemption Laws like we have are not the exception, but the rule.  Forty-three other states in the United States have Firearm Preemption Laws on the books.  It is common practice in the United States to have universal criminal laws throughout the state and country.  We must maintain this expectation to ensure our fellow man understands what is legal at all times.

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