Minnesota Supreme Court Rules That Permit-to-Carry Law Is Constitutional

The Minnesota Supreme Court ruled on Wednesday that Minnesota’s permit-to-carry law for handguns is constitutional. A man, Nathan Hatch, convicted of a gross misdemeanor for carrying a loaded pistol without a permit in 2018 attempted to strike down the law, saying it was “unconstitutional.”

According to The Star Tribune, Hatch claimed the law requiring handgun owners to obtain a permit to carry the firearm in public violated his right to bear arms.

Hatch was placed under arrest in 2018 after the Metropolitan Airport Commission Police stopped to assist him on the side of the road when his car had broken down. Hatch then informed the officers that he did have a gun with him in the back seat and that he did not have a permit.

The verdict from the Minnesota justices reads, “Considering the undisputed compelling governmental interest in ensuring public safety and the narrowly tailored provisions of the statute to achieve that interest, we conclude that the permit-to-carry statute withstands strict scrutiny. We therefore hold that the permit-to-carry statute does not violate the Second Amendment to the United States Constitution.”

According to the ruling, Hatch’s conviction was based on Minnesota laws requiring those with firearms to obtain permits to carry them except while they are in their homes or hunting.

The judges wrote, “Indeed, it is hard to imagine a less restrictive firearm permitting scheme than the one provided by the permit-to-carry statute and its related provisions. Law-abiding citizens over the age of 21 need only show that they have passed a gun safety course and that they are not a danger to themselves or others to receive a permit to carry a handgun in public.”

As reported by The Tribune, Hatch’s attorney, Lynne Torgerson, said she wants to challenge the penalties that a person could face for exercising their right to bear arms. Torgerson said she believes it is “unconstitutional to punish people … for simply carrying a handgun in public.”

She said, “People shouldn’t have to be subjected to severe criminal penalties simply for exercising pure constitutional behavior.” Torgerson, a successful gun rights attorney who has won over 30 cases, is planning on asking the U.S. Supreme Court to also review the case.

Torgerson announced her candidacy for Minnesota attorney general in July. She said that she is the one to beat current Attorney General Keith Ellison, saying she is running because of “destructive government lockdowns, lawsuits by [Ellison] and unfair practices that threaten Minnesotans’ freedoms and rights.”

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Hayley Tschetter is a reporter with The Minnesota Sun | Star News Network. She graduated with a degree in Communications from the University of Northwestern-St. Paul. Send news tips to [email protected].
Photo “Minnesota Judicial Center” by Jonathunder CC3.0.