Truckers lose gun rights case, but Congress could rewrite the rules

A federal court has denied a truck driver’s claim that Minnesota’s gun laws violate the Second Amendment. However, a bill in Congress could change that.

Judge John Tunheim of the District of Minnesota dismissed a lawsuit filed by two truck drivers. They argued that Minnesota’s gun rules, which recognize only certain states’ carry permits, infringe on their Second Amendment rights.

The case focuses on Minnesota’s reciprocity rules for concealed carry permits. Like many states, Minnesota recognizes permits only from states with similar or stricter gun laws. Its concealed carry reciprocity law accepts permits from 33 states but invalidates those from 15 states. Vermont allows constitutional carry but does not issue permits.

People traveling through Minnesota without a recognized permit must have their firearm unloaded and contained in a closed and fastened case. Otherwise, a gun owner must obtain a Minnesota permit. That costs $100, and the application must be submitted in person. Permits have to be renewed every five years.

In January, truck drivers David McCoy II and Jeffrey Johnson Sr. sued Minnesota. They claimed the state’s gun laws violate the Second Amendment. McCoy holds a permit from Texas, while Johnson has permits from Florida and Georgia.

Both drivers expressed feeling unsafe due to violent crimes against truckers and said they regularly carry firearms for self-defense. They argued they must either give up their right to bear arms or break Minnesota’s laws to protect themselves. And if Johnson were convicted, he could lose his Transportation Workers Identification Credential.

Living in a state with relaxed gun laws, Johnson said he would need permits from every state. He argued that would be too costly and burdensome.

Tunheim, a judge appointed by former President Bill Clinton, found Minnesota’s laws do not violate the Second Amendment.

“The Supreme Court has interpreted this language to mean that the Second Amendment protects an individual right to bear arms … and applies to the states,” Tunheim said. “However, the rights bound up in the Second Amendment are not without limit.”

Tunheim used the Bruen two-factor test, which looks at a regulation’s plain text and whether it is consistent with the nation’s historical tradition of firearm regulation.

Regarding the text, Minnesota argued that its reciprocity law regulates states, not individuals. In other words, it does not regulate Johnson directly. Therefore, he is not part of “the people” in the Second Amendment. Tunheim did not buy that argument.

Minnesota also argued the Second Amendment does not cover the truck drivers’ actions of carrying firearms for self-defense without a recognized permit. The state’s law is a shall-issue permitting system, which guarantees a permit if all criteria are met. Three years ago, New York’s more discretionary may-issue permitting system was struck down by the Supreme Court.

Many lower courts have interpreted the Supreme Court ruling to mean that shall-issue gun permit laws are automatically constitutional. However, the Minnesota court turned to historical context to address Second Amendment issues.

Ultimately, the court determined that concealed carry permits are “consistent with the longstanding tradition of regulations ensuring only law-abiding, responsible individuals bear arms.” Tunheim said the reciprocity laws ensure that the state’s “public safety standards are not circumvented.”

“If anything, Minnesota’s reciprocity provision makes it easier for individuals like Johnson to carry firearms in Minnesota; it does not add additional restrictions regarding who can or cannot carry firearms in Minnesota,” Tunheim said. “Further, the provision does not prohibit out-of-state residents from carrying firearms in Minnesota but rather requires that their out-of-state permits have similar licensing standards to those endorsed by Minnesota’s legislature. Nothing in Bruen or the Constitution requires states to adopt or defer to the licensing standards of other states. Indeed, states retain authority under their police powers to regulate who may carry firearms within their borders.”

In July, McCoy withdrew from the case.

When the case was filed, Texas concealed carry permits were not recognized in Minnesota. Since then, Minnesota has added 13 states to its reciprocity list, including Texas.

Florida and Georgia are still not recognized.

Johnson still has the option to appeal the decision. As of Monday, Sept. 15, an appeal had not been filed.

Meanwhile in Congress, Rep. Richard Hudson’s, R-N.C., Constitutional Concealed Carry Reciprocity Act is sitting in the House. The bill, HR38, establishes nationwide reciprocity for gun owners with applicable permits and for residents of states that do not require permits, also known as Constitutional carry states.

The bill has 188 co-sponsors. All but one – Jared Golden, D-Maine – are Republicans. In March, the bill cleared committee and was reported to the House for full consideration. It has been sitting in limbo ever since.

Last November, then President-elect Donald Trump announced that he was ready to sign a concealed carry reciprocity bill into law. LL