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Federal court says a Minnesota gun law is unconstitutional
The United States Court of Appeals for the Eighth Circuit opinion was released earlier this week.
MINNEAPOLIS — A Minnesota gun law has gained national attention, after a federal court ruled the state’s law banning 18- to 20-year-olds from getting a firearm permit was unconstitutional.
The Minnesota’s Gun Owners Caucus is one of the organizations that challenged this law. Three individuals who were under the age of 21, at the time of the lawsuit, were also listed as plaintiffs.
“We finally got the opinion from the Eighth Circuit of Appeals that affirmed the lower court ruling and cited in our favor,” said senior vice president of Minnesota’s Gun Owners Caucus Rob Doar. “A lot of members and supporters are excited.”
Doar said the case was originally filed in 2021.
“The case has been going on so long that two of our plaintiffs actually just reached the age where they could lawfully apply for their permit,” he said.
A three-panel judge from the United States Court of Appeals for the Eighth Circuit stated the state’s current law is unconstitutional.
“It’s significant because it’s an affirmation that when it comes to constitutional rights, they’re entitled to everybody and you don’t have to reach an arbitrary age in order to have the full exercise of your right,” Doar said.
However, not everyone is happy with the court’s decision.
“We’re absolutely disappointed in this position. We know that the gun violence epidemic is a huge problem in this state,” said the Director of Protect Minnesota Maggiy Emery.
When it comes to owning guns, Emery said age should matter. She said there is a difference between an 18-year-old and 21-year-old having a permit to carry a firearm.
“I think it’s just a question of three years of development. We know that young people are significantly overrepresented in firearm homicide deaths because young people are impulsive and don’t have the skillset to make good decisions,” she said.
She said her biggest concern is that people under the age of 21, don’t have the decision-making skills necessary to handle a firearm.
It’s a sentiment shared by Attorney General Keith Ellison. In a statement, he said in part, “the people of Minnesota want and deserve solutions that reduce shootings and improve public safety, and today’s ruling only makes that more difficult. Despite this setback, I remain as committed as ever to improving public safety in Minnesota by championing and defending lifesaving, common-sense gun violence prevention measures.”
Doar said Ellison has 21 days to appeal the federal court’s decision.
A spokesperson for Ellison’s office said they are exploring their options when it comes to filing an appeal.
The council argues that the HERC must be closed to comply with the city’s zero waste policy, which was passed back in 2017.
MINNEAPOLIS — The Minneapolis City Council unanimously approved a plan to shut down the Hennepin Energy Recovery Center (HERC) on Thursday.
The resolution comes after decades of protests against the massive North Loop trash incinerator that burns roughly 365,000 tons of garbage a year.
“Today is a big step towards protecting the health of our communities and addressing longstanding environmental injustices that disproportionately impact communities of color,” said councilmember Robin Wonsley, in a statement.
The resolution calls for the incinerator to be permanently closed by Dec 31, 2027 and for the entire facility to be shut down by Dec 31, 2033.
The council argues that the HERC must be closed to comply with the city’s zero waste policy, which was passed back in 2017.
In October 2023, the Hennepin County Board signed off on a plan to close the HERC between 2028 and 2040, depending on how quickly the county can transition into a zero-waste system.
Of the garbage burned at the HERC, 75% comes from the city of Minneapolis. The other 25% comes from a dozen other cities in the area. The HERC produces enough energy to power more than 25,000 homes and half the buildings in downtown Minneapolis.
At a City Council Meeting on Oct. 10, Jenni Lansing with the City of Minneapolis Health Department provided analysis on the air pollution impacts of HERC. She said the health department supports working towards a zero-waste future and the ultimate closure of HERC, but said closing it now is not the solution.
“Overall emissions in Hennepin County are dominated by on-road and non-road, mobile and nonpoint sources, and these sources drive the cancer and non-cancer risks to health in Minneapolis,” Lansing said.
Hennepin County defines zero waste as preventing 90% or more of all discarded materials from being landfilled or incinerated.
This is a developing story and will be updated as more information becomes available.
The snow is really coming down in some places with Maple Lake getting 3.5″ so far.
GOLDEN VALLEY, Minn. — The wettest Halloween storm ever — is making mischief before little trick-or-treaters hit their neighborhood’s slushy streets.
Officials are reporting several power outages and car spin-outs.
There have been over 14,000 power outages, according to Xcel Energy.
The Minnesota State Patrol has responded to 169 crashes and 94 vehicles off the road, as of 2. pm. Thursday.
Meteorologist Beny Dery said an additional 1 to 2″ of snow is possible before things taper off this evening.
So far some of the totals around town are: 3.5″ Maple Lake, 3.0″ Buffalo, 2.5″ Dassel, 2.4″ Windom, 2.0″ St. Bonifacious, 1.5″ Maple Plain and 1.5″ in Bethel.
The snow is expected to let up from west to east and should wrap up for the metro between 5 to 6 p.m.
Last week, prosecutors charged John Sawchak with attempted 2nd-degree murder and other felony charges after he allegedly shot his neighbor Davis Moturi.
MINNEAPOLIS — Following the shooting between two neighbors, the Minneapolis City Council voted unanimously to request that the city’s auditor conduct an independent investigation into the incidents and cases between Davis Moturi and John Sawchak.
Moturi was allegedly shot by his neighbor, Sawchak, on Wednesday, Oct. 23 but Minneapolis police did not arrest Sawchak until days later.
Minneapolis Police Chief Brian O’Hara defended not arresting Sawchak sooner, calling it a “high-risk” situation. O’Hara later said the victim, who had complained about harassment from Sawchak for months, was failed by police. Sawchak was arrested this past weekend after an hours-long standoff.
Moturi suffered a fractured spine, two broken ribs, and a concussion in the shooting. “Mr. Moturi’s life matters and I’m sorry that for nearly a year, MPD did not treat it like it did,” said Council Member Robin Wonsley in a news release, “Today’s vote affirms that the City Council is committed to taking meaningful actions towards accountability and restoration, starting with this independent review.”
Meanwhile, a spokesperson for Minneapolis Mayor Jacob Frey released this statement:
“Mayor Frey fully supports an independent review of this incident. The mayor and City are committed to always doing better, and this means closely examining past actions and finding where there may be ways to improve and grow. The mayor extends his condolences to Davis Moturi, his wife, Caroline, and their family and friends. The safety of our residents is a top priority and any form of violence or hate speech is completely unacceptable and does not align with who we are as a community. Brian O’Hara will continue to be the Minneapolis Police Chief.”
