Skip to Content

A Constitutional law professor breaks down Second Amendment after gun owner’s group sues Minnesota State Fair

Remaining Ad Time Ad - 00:00

Minn. (KTTC) -- The Minnesota Gun Owner's Caucus is suing the organizers of the Minnesota State Fair for enforcing its policy, banning firearms at the fair. The group is citing the Second Amendment to the U.S. Constitution in its suit, which "guarantees the individual right to possess and carry” firearms. According to University of Minnesota Law professor David Schultz, there is more to it than that.

"With the metal detectors going into place and them stating that they intend to turn away permit holders, that kind of forced our hand and we needed to file a lawsuit," said Minnesota Gun Owner's Caucus Vice President Rob Doar.

The lawsuit names the defendants as the State Agricultural Society as well as the Ramsey County Sheriff's Department.

"We are only including them in the lawsuit simply because they have been contracted by the fair to provide security within the fair so we have no expectation that the Ramsey County Sheriff's Office intends to infringe upon the rights of permit holders," stated Doar.

Professor David Schultz points to the 1981 Supreme Court case, District of Columbia v. Heller, for clarification on whether or not anyone's rights are being infringed upon.

"What the court said in that opinion is that the individual right to bear arms is historically grounded either in a right to have a gun in our house to protect ourselves or that right to have a gun for the purposes of hunting," said Schultz.

Schultz says the court in the Heller case never said we have an unlimited right to carry guns at any place or at any time. He also says certain restrictions can still be put in place when it comes to the right to bear arms.

"What this group is trying to argue is that they have an unlimited right to carry arms to bear arms, carry a weapon with them, including in the state fair," Schultz said.

Professor Schultz believes the argument from Minnesota Gun Owner’s Caucus will fail under current interpretations of the U.S. Constitution.

"Not to say they might not win, might not be successful in changing the law, but right now the law is against them," stated Schultz.

The Minnesota Gun Owner's Caucus tells us they expect a hearing on the temporary injunction portion within the next ten days or so. As for a full hearing, that may take a few months.

Author Profile Photo

Carli Petrus

Skip to content