St. Paul Faces Legal Threat Over Proposed Firearms Ordinance

The Minnesota Gun Owners Caucus announced its intention to pursue legal action if the city of St. Paul enacts a proposed ordinance regulating firearms. The council plans to introduce this ordinance during a meeting scheduled for November 5, with a potential vote on November 12.

St. Paul Mayor Melvin Carter, along with Minneapolis Mayor Jacob Frey and several suburban mayors, has called for the repeal of a state law that prevents local jurisdictions from enacting their own firearms regulations. They argue that local ordinances are necessary to combat violence and enhance community safety.

In a statement issued on Wednesday, Bryan Strawser, chairman of the Minnesota Gun Owners Caucus, criticized the proposed ordinance, asserting, “The St. Paul City Council is trying to make a political statement with an illegal ordinance, and they know it. This isn’t about safety; it’s about virtue signaling at the expense of the law and the rights of peaceable citizens.” He emphasized the organization’s commitment to challenge what they view as governmental overreach.

The proposed ordinance is designed to take effect only if the state’s preemption laws are repealed, amended, or invalidated by the courts. It aims to signal the city’s readiness to regulate firearms while ensuring legal enforceability. The ordinance includes measures to ban assault weapons, large-capacity magazines, and binary triggers, which allow a semiautomatic weapon to fire both upon pulling and releasing the trigger. Additionally, it would require all firearms to have serial numbers and prohibit untraceable “ghost guns.”

According to a letter sent to Mayor Carter and the City Council by Rob Doar, the general counsel for the Minnesota Gun Owners Caucus, “Minnesota courts have repeatedly held that municipalities may not do indirectly what they are forbidden to do directly. An ordinance that is invalid today does not become valid merely because its enforcement is deferred until an unspecified future date.” Should the ordinance proceed, the Caucus plans to seek declaratory and injunctive relief on behalf of its members and all law-abiding gun owners in St. Paul.

Despite the impending legal challenge, Rebecca Noecker, the City Council President, expressed determination to move forward with the ordinance. She stated, “It’s not surprising that the Gun Owners Caucus is once again standing in the way of common sense legislation that is supported by the majority of Americans and that saves lives.” Noecker emphasized the Council’s commitment to addressing community safety needs.

The push for local firearm regulations follows a tragic shooting at Annunciation Catholic Church in Minneapolis on August 27, which resulted in the deaths of two children and injuries to many others. In response, Governor Tim Walz had expressed intentions to convene a special legislative session to discuss gun policy, but he later retracted this, stating that such a session would be ineffective without a prior agreement from Republicans on a legislative framework.

The proposed St. Paul ordinance also includes restrictions on firearms in sensitive areas such as parks, libraries, and city buildings, as well as requirements for clear signage at public facilities to inform residents of the regulations. Enforcement measures would empower local public safety officials to impose penalties for violations.

Public sentiment regarding the ordinance appears divided. The City Council received eight emails from constituents urging them to oppose the legislation, with one email stating, “Stop the games with … going after legal gun owners. … Start locking up criminals for a change!” In contrast, the Gun Owners Caucus urged the Council to respect state law and avoid engaging taxpayers in costly legal disputes.

According to Jennifer Lor, press secretary for Mayor Carter, there is no legal precedent that prohibits the proposed ordinance. She noted that similar contingent laws have been enacted in various parts of the country, including laws addressing abortion, which were introduced in direct violation of Roe v. Wade.

City Council members have voiced their support for the ordinance, emphasizing the necessity of taking action against gun violence. Councilmember Saura Jost remarked, “I never want to see another mass shooting in St. Paul, in Minnesota, anywhere. Let this ordinance settle any question about where the people in St. Paul stand on gun violence.”

As the City Council prepares to introduce the ordinance, the outcome of this legislative effort will likely have significant implications for local governance and the ongoing debate over gun control in Minnesota.