Why no gun ownership protection in MN state constitution?

Firearms related political discussion forum

Why no gun ownership protection in MN state constitution?

Postby Lumpy on Mon May 27, 2019 5:33 pm

Most of the states have protection for gun ownership in their state constitutions. Yet surrounded by such states are two that do not: Iowa and Minnesota. How did this come about?
User avatar
Lumpy
 
Posts: 1248 [View]
Joined: Sat Dec 28, 2013 2:54 pm
Location: North of Lowry, West of Penn

Re: Why no gun ownership protection in MN state constitution?

Postby Rip Van Winkle on Mon May 27, 2019 5:47 pm

Just a guess on my part. When the state was founded, the RTKBA was regarded as such an obvious given that it wasn't necessary to include it.
I will never apologize for being an American.
Post 435 Gun Club
North Star Rifle Club
cmpofficer@post435gunclub.org
48 down, Still in the hunt for a heavy!
President's Hundred (#48 2018)
Certified NRA RSO
User avatar
Rip Van Winkle
 
Posts: 2637 [View]
Joined: Thu Jul 26, 2007 5:04 pm
Location: Unfashionable end of the western spiral arm, Galaxy Milky Way

Re: Why no gun ownership protection in MN state constitution?

Postby bstrawse on Mon May 27, 2019 7:51 pm

Rip Van Winkle wrote:Just a guess on my part. When the state was founded, the RTKBA was regarded as such an obvious given that it wasn't necessary to include it.


Probably this - I don't actually know the history why though.
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
 
Posts: 3709 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Why no gun ownership protection in MN state constitution?

Postby Holland&Holland on Tue May 28, 2019 8:37 am

Why would we have needed it? Shall not be infringed probably seemed pretty straight forward at the time.
User avatar
Holland&Holland
 
Posts: 7149 [View]
Joined: Mon Jan 12, 2009 9:17 am

Re: Why no gun ownership protection in MN state constitution?

Postby bstrawse on Tue May 28, 2019 10:07 am

Holland&Holland wrote:Why would we have needed it? Shall not be infringed probably seemed pretty straight forward at the time.


Except that leaves a bunch of things open, like:

What level of scrunity should be applied when analyzing laws that infringe upon the 2nd Amendment right?

Big unanswered question currently in Second Amendment jurisprudence....
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
 
Posts: 3709 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Why no gun ownership protection in MN state constitution?

Postby Lumpy on Tue May 28, 2019 10:28 am

Just found out that Wisconsin only added their amendment in 1998; and Illinois' constitutional protection amounts to "guns are protected unless we pass a law that they aren't". So I guess it's a question of why upper-Midwest states chose to omit protection of gun ownership.
User avatar
Lumpy
 
Posts: 1248 [View]
Joined: Sat Dec 28, 2013 2:54 pm
Location: North of Lowry, West of Penn

Re: Why no gun ownership protection in MN state constitution?

Postby Ghost on Tue May 28, 2019 11:54 am

bstrawse wrote:
Holland&Holland wrote:Why would we have needed it? Shall not be infringed probably seemed pretty straight forward at the time.


Except that leaves a bunch of things open, like:

What level of scrunity should be applied when analyzing laws that infringe upon the 2nd Amendment right?

Big unanswered question currently in Second Amendment jurisprudence....
b

Sadly so
User avatar
Ghost
 
Posts: 6986 [View]
Joined: Wed Feb 05, 2014 8:49 pm

Re: Why no gun ownership protection in MN state constitution?

Postby daleamn on Tue May 28, 2019 12:52 pm

That "shall not be infringed" thing seems obvious to me too but obviously bstrawse is correct about current day "interpretations" of things.

I sometimes wonder if the Supreme Court shouldn't be made up of 7th Grade English teachers instead of lawyers. Since they read English and can look up what words mean wouldn't that be all that's needed?
daleamn
 
Posts: 23 [View]
Joined: Fri Feb 08, 2019 2:10 pm
Location: Twin Cities

Re: Why no gun ownership protection in MN state constitution?

Postby bstrawse on Tue May 28, 2019 2:03 pm

daleamn wrote:That "shall not be infringed" thing seems obvious to me too but obviously bstrawse is correct about current day "interpretations" of things.

I sometimes wonder if the Supreme Court shouldn't be made up of 7th Grade English teachers instead of lawyers. Since they read English and can look up what words mean wouldn't that be all that's needed?


in my heart of hearts I know "shall not be infringed" should be enough.

Unfortunately, the courts haven't seen it that way.... :/
b
Chair, Minnesota Gun Owners Caucus & Minnesota Gun Owners Political Action Committee - Join the Caucus TODAY
MN Permit to Carry Instructor| NRA Instructor | NRA Chief Range Safety Officer | Twitter | Facebook
User avatar
bstrawse
 
Posts: 3709 [View]
Joined: Thu Apr 16, 2009 11:45 am
Location: Roseville, MN

Re: Why no gun ownership protection in MN state constitution?

Postby Ironbear on Wed May 29, 2019 7:47 am

daleamn wrote:I sometimes wonder if the Supreme Court shouldn't be made up of 7th Grade English teachers instead of lawyers. Since they read English and can look up what words mean wouldn't that be all that's needed?

I would probably trust 7th grade English teachers of 100 years ago... but today's English teachers are probably steeped in the philosophy of anti-American progressivism...
"Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just.” ~Blaise Pascal~
User avatar
Ironbear
 
Posts: 1856 [View]
Joined: Sat Jul 28, 2007 4:38 pm
Location: A nondescript planet in the Milky Way galaxy

Re: Why no gun ownership protection in MN state constitution?

Postby Rip Van Winkle on Wed May 29, 2019 9:30 am

Ironbear wrote:
daleamn wrote:I sometimes wonder if the Supreme Court shouldn't be made up of 7th Grade English teachers instead of lawyers. Since they read English and can look up what words mean wouldn't that be all that's needed?

I would probably trust 7th grade English teachers of 100 years ago... but today's English teachers are probably steeped in the philosophy of anti-American progressivism...

:iagree:
I will never apologize for being an American.
Post 435 Gun Club
North Star Rifle Club
cmpofficer@post435gunclub.org
48 down, Still in the hunt for a heavy!
President's Hundred (#48 2018)
Certified NRA RSO
User avatar
Rip Van Winkle
 
Posts: 2637 [View]
Joined: Thu Jul 26, 2007 5:04 pm
Location: Unfashionable end of the western spiral arm, Galaxy Milky Way

Re: Why no gun ownership protection in MN state constitution?

Postby Holland&Holland on Wed May 29, 2019 9:36 am

bstrawse wrote:
daleamn wrote:That "shall not be infringed" thing seems obvious to me too but obviously bstrawse is correct about current day "interpretations" of things.

I sometimes wonder if the Supreme Court shouldn't be made up of 7th Grade English teachers instead of lawyers. Since they read English and can look up what words mean wouldn't that be all that's needed?


in my heart of hearts I know "shall not be infringed" should be enough.

Unfortunately, the courts haven't seen it that way.... :/
b

I agree completely. I am just saying back then our fire fathers probably thought it was very straight forward.
User avatar
Holland&Holland
 
Posts: 7149 [View]
Joined: Mon Jan 12, 2009 9:17 am

Re: Why no gun ownership protection in MN state constitution?

Postby Jackpine Savage on Wed May 29, 2019 12:28 pm

It appears some things never change. I wonder who was on the right side back then?

https://en.wikipedia.org/wiki/Minnesota_Constitution

An election in Minnesota Territory to select Republican and Democratic delegates to a state constitutional convention was held on June 1, 1857, following passage of an enabling act by the U.S. Congress on February 26 of that year ("The Enabling Act for a State of Minnesota"). The convention was held in Saint Paul from July 13 to August 29. However, the divisions between the two political parties were so great that they each held their own separate conventions and never met together aside from five people from each party who met in a conference committee to create a document acceptable to both sides. Still, the tension was so extreme that delegates would not sign anything that had previously been signed by a member of the complementary convention.

In the end, each convention signed their own copies of the document. The two were essentially identical, but had about 300 differences in punctuation, grammar, and wording because of errors in transcription produced as copyists worked late into the night on August 28. The Republican version, written on white paper, ran 39 pages and was signed by 53 delegates, while the Democratic version, written on blue-tinged paper, was 37 pages long and had 51 signatures.
Jackpine Savage
 
Posts: 719 [View]
Joined: Sat Feb 09, 2008 8:45 am
Location: west central MN

Re: Why no gun ownership protection in MN state constitution?

Postby Jackpine Savage on Wed May 29, 2019 12:33 pm

More entertaining tidbits.

http://www.mnopedia.org/event/minnesota-constitutional-convention1857

.
.Minnesota politics in the 1850s was particularly intense, with fierce competition between Democrats and Republicans. The Democrats were the older, more established party. The Republicans were newer but gaining support, particularly in the northern states. Nationally and within Minnesota Territory, Republicans were calling for an end to slavery. This hotly contested issue divided the electorate and incited venomous editorials in the partisan newspapers. It was in this atmosphere that on June 1, 1857, voters throughout Minnesota Territory elected delegates to represent them at a constitutional convention.
.
.
As expected, the Compromise Committee did not always agree. Things even got physical. On August 25, prominent Democrat and former Territorial Governor Willis Gorman attacked Republican Thomas Wilson with a cane. When word of the incident reached the Republican convention, one delegate called it "a violent assault, without any just cause or provocation." Republican Galbraith clarified that the Committee only wished "simply to state the offence."
Jackpine Savage
 
Posts: 719 [View]
Joined: Sat Feb 09, 2008 8:45 am
Location: west central MN


Return to Politics

Who is online

Users browsing this forum: No registered users and 1 guest

cron