DOJ Sues Minnesota Over 30-Day Waiting Period to Buy Guns – Infringes on Citizens’ Right to Self-Defense

The article reports that the U.S. Justice Department has filed a lawsuit against Minnesota, including the cities of minneapolis and St. Paul, challenging their firearm permit waiting period laws. Minnesota requires residents seeking firearm permits-including for handguns and certain rifles-to wait at least 30 days, often extending to 60 days, before acquiring a firearm. Officials argue that this waiting period infringes on Second Amendment rights, emphasizing that individuals have the constitutional right to defend themselves immediately, especially in their homes. the DOJ contends that the state’s procedures effectively create unconstitutional delays, and they are seeking a permanent injunction to remove these restrictions. Critics and advocacy groups assert that such waiting periods violate constitutional rights and are not supported by history or tradition of firearm regulation. The lawsuit highlights discrepancies between concealed carry permits and general firearm permits, noting that most permit requests are for non-concealed firearms. The case underscores ongoing tensions over gun rights and firearm regulation in the United States.




The Justice Department on Thursday sued the state of Minnesota and two major cities so that state residents wanting to protect themselves with their firearms can do so without government interference.

The cities of Minneapolis and St. Paul are being sued along with the state government over state law that means anyone seeking a permit for a regulated weapon, which includes handguns and some rifles, must wait at least 30 days, according to a Department of Justice news release.

In practice, the waiting periods in St. Paul and Minneapolis are often 60 days, the release 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 thirty to sixty days from now,” Assistant Attorney General Harmeet Dhillon of the Justice Department’s Civil Rights Division said.

“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 sixty days to obtain a firearm is intolerable under the Constitution,” she added.

“The Second Amendment is not a second-class right! MN’s restriction of civil rights behind waiting periods is unconstitutional and indefensible,” Dhillon posted on X.

“We are committed to protecting Minnesotans’ right to purchase firearms and we will not tolerate procedures that are wielded in a way that impairs that right,” U.S. Attorney Daniel Rosen for the District of Minnesota said in the DOJ release.

The lawsuit noted that state rules for concealed carry permits and those for citizens simply wanting a gun to defend their homes are different, and that 93 percent of the permits requested are not for concealed carry.

A Minnesota resident wanting a handgun must ask permission from the local chief of police or county sheriff.

Law enforcement officials have at least 30 days to review the application, which is only good for one year.

When law enforcement goes beyond the 30-day period, citizens have no form of redress for the delays, meaning police agencies can stall without any consequences.

The Minnesota system “effectively creates a waiting period of up to 30 days to purchase handguns and regulated rifles,” the lawsuit said.

“Defendants will not be able to rebut the presumption of unconstitutionality because they will not be able to show that the State’s waiting period is consistent with the nation’s history and tradition of firearms regulation,” the lawsuit continued.

The Trump administration is seeking a permanent injunction that would end enforcement of the laws.

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