St. Paul Faces Legal Battle Over Proposed Firearms Ordinance

The Minnesota Gun Owners Caucus has threatened legal action against St. Paul if the city proceeds with a proposed ordinance regulating firearms. This announcement follows a joint call from St. Paul Mayor Melvin Carter, Minneapolis Mayor Jacob Frey, and suburban mayors for the state to repeal a preemption law that currently prohibits local firearm regulations.

The City Council is scheduled to introduce the ordinance at its meeting on Wednesday, with a public hearing planned for November 5, 2023. If approved, the ordinance could be signed into city code by Mayor Carter as early as November 12. The proposed legislation aims to address rising violence, particularly after a tragic shooting on August 27, 2023, at Annunciation Catholic Church in Minneapolis, which resulted in the deaths of two children.

According to Bryan Strawser, chairman of the Minnesota Gun Owners Caucus, the ordinance is an overreach of governmental authority. “The St. Paul City Council is trying to make a political statement with an illegal ordinance, and they know it,” he stated in a recent communication. He emphasized that the initiative is more about “virtue signaling” than ensuring public safety, and vowed to challenge the ordinance in court if it is enacted.

The proposed ordinance aims to ban assault weapons, large-capacity magazines, and binary triggers within city limits. It would also require firearms to have serial numbers, prohibit untraceable “ghost guns,” and restrict firearms in sensitive public spaces, including parks and city buildings. In addition, the ordinance mandates clear signage at public facilities and establishes penalties for violations.

In response to the Gun Owners Caucus’s threat, City Council President Rebecca Noecker defended the council’s actions. “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,” she said. Noecker highlighted the council’s commitment to community safety, particularly for children.

Legal opinions on the ordinance’s validity are mixed. Rob Doar, general counsel for the Minnesota Gun Owners Caucus, pointed out that Minnesota courts have consistently ruled that municipalities cannot indirectly enact what they are prohibited from doing directly. He warned that if the ordinance passes, the Caucus would seek both declaratory and injunctive relief to protect the rights of law-abiding gun owners in St. Paul.

Despite the potential for legal challenges, City Council members remain determined to move forward. Jennifer Lor, press secretary for Mayor Carter, stated that there is no existing case law that prohibits the proposed ordinance. She noted that similar contingent laws have been successfully enacted in other states, including laws regarding abortion that were put in place despite direct conflicts with Roe v. Wade.

The discussion surrounding the ordinance reflects a growing tension between local and state regulations on firearms, with community members and leaders advocating for immediate action on gun control. Councilmember Saura Jost expressed a desire to prevent further mass shootings, asserting that the ordinance would clarify the city’s stance on gun violence.

As the debate progresses, the City Council will continue to gather public input, with residents expressing a range of opinions on the proposed regulations. Some community members have voiced opposition to the ordinance, stating that it unfairly targets legal gun owners and diverts attention from addressing crime more broadly.

The unfolding situation in St. Paul highlights the complexities of gun legislation in the United States, where local governments seek to address urgent public safety concerns while navigating state-imposed limitations. As the council prepares to introduce the ordinance, the outcome remains uncertain, but the potential for a legal showdown looms large.