Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

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Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby Lumpy on Tue Jan 14, 2020 7:52 pm

[Copied from NRA-ILA email letter]

On Tuesday, January 21, the Minnesota Senate Judiciary and Public Safety Committee will hold a hearing on both anti-gun and pro-gun legislation. The committee will be taking testimony on Senate File 434 (criminalizing private firearm transfers) and Senate File 436 (“Red Flag” legislation). The committee will also be taking testimony on two pro-gun bills: Senate File 72 (self-defense legislation) and Senate File 748 (Constitutional Carry). Please attend this hearing on Tuesday, January 21 or contact your State Senator and urge them to OPPOSE Senate File 434 and Senate File 436, and to SUPPORT Senate File 72 and Senate File 748.

Senate File 434, sponsored by Senator Ron Latz (DFL-46), would potentially criminalize almost all private firearm transfers in Minnesota.

Senate File 436, sponsored by Senator Ron Latz (DFL-46), would violate an individual’s constitutional rights and allow for a chief law enforcement officer or designee to petition the court for an ex parte order to remove an individual’s Second Amendment rights without due process.

Senate File 72, sponsored by Senator Carrie Ruud (R-10), would allow for law-abiding citizens to defend and protect themselves and their loved ones while in their home. Victims of violent crime who responded with defensive force should not have to face criminal or civil prosecution.

Senate File 748, sponsored by Senators Mark Koran (R-32) and Andrew Lang (R-17), would remove the requirement to obtain a permit in order to lawfully carry a firearm for self-defense. This legislation gives Minnesotans the freedom to choose the best method of carrying for them.


The anti bills need no further explanation. But I had questions about the two pro bills:

First, would someone explain to me exactly how Senate File 72 would change the current laws on self-defense and justifiable force.

Second, while I love "constitutional carry" in principle, is the timing right in MN or might it provoke a backlash? Unfortunately, one has to pick one's battles by what looks winnable.
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Re: Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby andrewP on Wed Jan 15, 2020 6:16 am

Lumpy wrote:First, would someone explain to me exactly how Senate File 72 would change the current laws on self-defense and justifiable force.


I am not a lawyer, but the big change I see with SF 72 is that it appears to remove the duty to retreat.

https://www.revisor.mn.gov/bills/text.php?version=latest&session=ls91&number=SF0072&session_year=2020&session_number=0
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Re: Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby bstrawse on Wed Jan 15, 2020 3:54 pm

Lumpy wrote:[Copied from NRA-ILA email letter]

On Tuesday, January 21, the Minnesota Senate Judiciary and Public Safety Committee will hold a hearing on both anti-gun and pro-gun legislation. The committee will be taking testimony on Senate File 434 (criminalizing private firearm transfers) and Senate File 436 (“Red Flag” legislation). The committee will also be taking testimony on two pro-gun bills: Senate File 72 (self-defense legislation) and Senate File 748 (Constitutional Carry). Please attend this hearing on Tuesday, January 21 or contact your State Senator and urge them to OPPOSE Senate File 434 and Senate File 436, and to SUPPORT Senate File 72 and Senate File 748.

Senate File 434, sponsored by Senator Ron Latz (DFL-46), would potentially criminalize almost all private firearm transfers in Minnesota.

Senate File 436, sponsored by Senator Ron Latz (DFL-46), would violate an individual’s constitutional rights and allow for a chief law enforcement officer or designee to petition the court for an ex parte order to remove an individual’s Second Amendment rights without due process.

Senate File 72, sponsored by Senator Carrie Ruud (R-10), would allow for law-abiding citizens to defend and protect themselves and their loved ones while in their home. Victims of violent crime who responded with defensive force should not have to face criminal or civil prosecution.

Senate File 748, sponsored by Senators Mark Koran (R-32) and Andrew Lang (R-17), would remove the requirement to obtain a permit in order to lawfully carry a firearm for self-defense. This legislation gives Minnesotans the freedom to choose the best method of carrying for them.


The anti bills need no further explanation. But I had questions about the two pro bills:

First, would someone explain to me exactly how Senate File 72 would change the current laws on self-defense and justifiable force.

Second, while I love "constitutional carry" in principle, is the timing right in MN or might it provoke a backlash? Unfortunately, one has to pick one's battles by what looks winnable.


SF 72 removes the duty to retreat and makes several clarifications that exist today in case law but not in statutory law. It also expands castle doctrine beyond your "place of abode".

Constitutional Carry should be pushed now - one, we want roll call votes on this to know where people stand - and to separate the wheat from the chaff in the GOP. Second, it will take years to get this through so we should get started now.

We had hearings on SYG and CC in the House in 2017. We got roll call votes on the House Floor last year on SYG and CC via amendment.
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Re: Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby GoodDoctor on Thu Jan 16, 2020 8:45 am

Lumpy wrote:[Copied from NRA-ILA email letter]

Senate File 72, sponsored by Senator Carrie Ruud (R-10), would allow for law-abiding citizens to defend and protect themselves and their loved ones while in their home. Victims of violent crime who responded with defensive force should not have to face criminal or civil prosecution.


I like this aspect, as well, since it eliminates reprisals.
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Re: Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby bstrawse on Thu Jan 16, 2020 5:16 pm

GoodDoctor wrote:
Lumpy wrote:[Copied from NRA-ILA email letter]

Senate File 72, sponsored by Senator Carrie Ruud (R-10), would allow for law-abiding citizens to defend and protect themselves and their loved ones while in their home. Victims of violent crime who responded with defensive force should not have to face criminal or civil prosecution.


I like this aspect, as well, since it eliminates reprisals.


Minnesota already prohibits a person committing a crime from suing for injuries suffered as a result of their criminal actions - SF72 doesn't contain any civil liability language.
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Re: Minnesota: Hearing on Pro- and Anti-Gun Bills Scheduled

Postby Holland&Holland on Thu Jan 16, 2020 10:06 pm

Ya but their family can still use on their behalf ;)
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