ST. PAUL, Minn. — The Department of Justice’s Civil Rights Division has put Minnesota on notice over its firearm waiting-period statutes and how Minneapolis and St. Paul police enforce them.
In a September 17 letter to Governor Tim Walz, along with the mayors of Minneapolis (Jacob Frey) and St. Paul (Kaohly Her), head of the Civil Rights Division, AAG Harmeet Dhillon provides notice of an impending lawsuit to address the waiting periods imposed and enforced by the state and two major cities before citizens can take possession of certain firearms.
“A right delayed is a right denied. Minnesota cannot deny Americans the right to purchase commonly owned firearms with weeks-long waiting periods. The [Civil Rights] Division’s Second Amendment Section will challenge these violations of fundamental rights!” wrote Ms. Dhillon in her announcement on X.
The delays being challenged apply to buying a handgun or certain rifles – including for home defense – with the two paths possible both generally requiring 30-day waiting periods, with some permits delayed nearly 60 days in populated cities like Minneapolis and St. Paul, according to the letter:
These waiting periods apply even if a person has passed a criminal background check under the National Instant Criminal Background Check System (NICS). Thus, even if a person has demonstrated that they are not disqualified from possessing a firearm by passing a NICS check, they may not obtain possession of their firearm until the additional state-mandated waiting period has expired.
The department “will consider deferring the filing of the lawsuit for a short period” if the state will offer a meaningful response by a September 23 deadline. That response must include a resolution that addresses immediate cessation of enforcement, acknowledgement of the unconstitutionality of the statutes, and agreement to enter a court-enforceable consent decree.
If Minnesota does not respond by the September 23 deadline, the letter says the United States may file without further notice.
Similarly to the lawsuit filed against San Jose this week, the contemplated complaint would name the state and the two cities, alleging that the waiting-period statutes and the police departments’ enforcement of them violate the Second Amendment and 34 U.S.C. Section 12601, noting specifically that “implementation of these policies constitutes a pattern or practice of law enforcement misconduct that deprives persons of their constitutional rights.”
The full list of DOJ legal actions in support of the Second Amendment can be found on our Action Tracker.
