The Facts
The second amendment protects the right of individuals to keep and bear arms. That doesn’t mean that the government can’t regulate or place some limits on the manufacture, ownership, and sale of firearms for the safety of its people. The Supreme Court has ruled as such. “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, concealed weapons prohibitions … possessions of firearms by felons and the mentally ill, carrying of firearms in sensitive places such as schools and government buildings, or laws imposing condition and qualifications on the commercial sale of arms.”
In Minnesota, more people are dying from guns than opioid use and car crashes. That’s certainly true in my experience. I have lost no family members to opioid use or car crashes, but I have lost 3 family members to guns. My grandfather was a police officer shot and killed in the line of duty. My father’s cousin was shot and killed as a bystander in a domestic dispute and my wife’s cousin was a victim of suicide by firearm. Nationwide, 52% of law enforcement officers shot to death were killed by individuals prohibited from possessing a firearm.
In 2016, 43,050 people died in Minnesota. Cancer, heart disease, and accidental injury are the leading causes, but gun violence plays a significant role. 432 people died from guns in 2016 while 395 died from opioids, and 392 people died from car crashes. The majority of these gun deaths in Minnesota (77%) and other states come from suicides.
Also in 2016, Minnesota’s violent crime rate hit a 50 year low, according to the FBI. In 2017, the state set a new record for firearm background checks. The National Instant Criminal Background Check System processed 683,544 checks on gun buyers in Minnesota: 473,975 permits, 94,383 handguns and 125,516 long guns. 283,188 Minnesotans have permits to legally carry firearms in public. What is not known for sure is how many total guns there are in the state, exactly how many gun owners there are, or how much ammunition is sold each year. But, an estimated 36.7% of Minnesotans own at least one firearm.
From 2006 to 2016, 673 Minnesotans were murdered with guns. An additional 83 died from accidental shootings or shootings with an unknown intent. From 2009 to 2013, 89 women were shot and killed by current or former intimate partners.
Assault Weapons Ban
On January 17, 1989, a 24 year old man with a long criminal history walked onto the Cleveland Elementary School playground in Stockton, California, and began firing with a semi-automatic AK-47. He killed 5 children and wounded 30 others. California then became the first state to pass an assault weapons ban. In addition to assault weapons, it also banned magazines that could hold over 10 rounds of ammunition. Guns and magazines that were legally owned prior to the passing of the law were grandfathered in as long as they were registered with the California Department of Justice. New Jersey and Connecticut both passed statewide bans before the federal ban in 1994.
The Federal Assault Weapons Ban was passed in 1994. At the time, the U.S. Department of Justice said, “"In general, assault weapons are semi automatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use.” The term is not to be confused with assault rifle, such as an M16, which has the capability to fire in semi-automatic, burst, or fully automatic mode. The assault weapons ban expired in 2004. Therefore, assault weapons, such as the Colt AR-15, are legal in the United States. Assault rifles capable of fully automatic firing have been illegal since 1934.
Assault weapons, and often the AR-15, are the weapon of choice for many high-profile mass shootings including the Pulse Nightclub Shooting, the Sandy Hook Elementary School Shooting, the Aurora Movie Theater Shooting, and the Columbine School Shooting. When assault weapons are used in mass shootings, 155% more people are shot and 49% more people die versus mass shootings that don’t include assault weapons. Restricting access to assault weapons has significant effects on mass shooting fatalities. During the federal ban, there was a marked decrease in the use of assault weapons and large capacity magazines in crime.
However, assault weapons do not significantly affect murder rates at the state level as handguns are responsible for far more deaths. Assault weapons bans do affect school shootings. Quinnipiac researcher, Mark Gius says, "Assault weapons bans reduced the number of school shooting victims by 54.4 percent. All other gun-control laws—concealed-carry laws, private-sale background checks, and federal dealer background checks—had no statistically significant effect on school shootings."
In the absence of a federal assault weapons ban, there are seven states that have assault weapons bans. The three listed above plus Hawaii, Maryland, Massachusetts, and New York which adopted statewide bans after the federal ban expired. These bans have been repeatedly challenged and repeatedly upheld by the courts as constitutional. The Supreme Court has rejected challenges to the bans.
Minnesota does not have an assault weapons ban, however Minnesota is one of only 2 states that have a training and background check requirement on assault weapons that is more stringent than that of other firearms. Minnesota prohibits the possession of “semiautomatic military-style assault weapons” to person under the age of 18.
A writer for the Pacific Standard summed up assault weapons bans concisely, “So if our goal as a society is to reduce the overall murder rate, an assault weapons ban would be highly ineffective. But if we want increased protection from people who aim to create mass casualties in schools—or concert venues like the one in Las Vegas—it could be of enormous help.”
Universal Background Checks
Over 90% of Americans support universal background checks for all gun sales, however the so-called “gun-show loophole” allows unlicensed sellers to sell without performing any background checks. This applies to sellers at gun shows and all private sales of guns. A 2017 study found that 22% of Americans purchased their firearms without a background check.
In 2012, a gunman killed three people, including his wife, and injured 4 others at a spa in Wisconsin after buying a gun through a private seller on-line. He was prohibited from buying guns do to an active domestic violence restraining order, but was able to do so anyway because the seller was not required to run a background check.
In 2012, a gunman killed three people, including his wife, and injured 4 others at a spa in Wisconsin after buying a gun through a private seller on-line. He was prohibited from buying guns do to an active domestic violence restraining order, but was able to do so anyway because the seller was not required to run a background check.
A survey of state prison inmates who were convicted of gun offenses found that only 13% of them obtained the gun from a store or pawn shop where background checks were required. 96% of them were already prohibited from possessing a firearm at the time of their crime and did so through an unlicensed private seller.
Nineteens states and Washington, D.C. have extended the background check requirement beyond federal law to include at least some private sales. Minnesota is not one of them. Of those nineteen, nine states and D.C. require universal background checks for transfers and sales of all firearms whether purchased from a licensed or unlicensed dealer. From 2009 to 2012, states that required background checks on all handgun sales had 35% fewer gun deaths per capita than states without the requirement. Additionally, states that require background checks on all handgun sales experience 52% fewer mass shooting incidents. They experience 48% less gun trafficking, 38% fewer deaths of women shot by intimate partners, and 17% fewer firearms involved in aggravated assaults.
Additionally, states with universal background checks have 53% fewer firearm suicides and 31% fewer suicides overall.
In Minnesota, our current background check system has blocked 28,499 gun sales to prohibited people since 1998. 19,456 were felons, 1,083 were fugitives, and 3,751 were people convicted of domestic abuse misdemeanors or subject to domestic abuse protection orders.
Stand Your Ground Laws
Castle Doctrine law is common law in the United States. It states that people have “no duty to retreat” from their home in the event of an intruder, but rather are justified in using deadly force to defend oneself. It’s a legal defense that bars a defendant from prosecution for murder if they kill someone in their own home for purposes of self-defense. Each state implements this slightly differently, but mostly the same. In Minnesota, “there is no duty to retreat before using deadly force to prevent a felony in one's place of abode; no duty to retreat before using deadly force in self-defense in one's place of abode.”
“Stand Your Ground” laws are related to the Castle Doctrine law. Stand Your Ground laws are an extension of Castle Doctrine law by allowing a defendant to use the level of force that they see fit against any threat or perceived threat at any location outside the home where a person has a lawful right to be. Without Stand Your Ground laws, a person has a “duty to retreat” by any reasonable means before using deadly force by way of self defense. There is no federal law so it is up to the states to adopt this law. 34 states have adopted “Stand Your Ground Laws” in one way or another. Minnesota is not one of them.
Critics call “Stand Your Ground” laws, “Shoot First’ laws. They say it makes it very difficult to prosecute individuals who claim self-defense because the only other witness is the deceased. In 2005, Florida was the first to enact the “Stand Your Ground” law. It was a law promoted by the National Rifle Association. After Florida, the conservative, corporate-funded American Legislative Exchange Council (ALEC) adopted a model law in conjunction with the NRA and have lobbied states every since to adopt the law, being successful in a majority of the states.
By 2012, deaths by self defense were up over 200% in Florida. 2012 was also the year that self-appointed crime watch volunteer, George Zimmerman, shot and killed 17 year old Trayvon Martin in Florida. Martin was returning from a convenience store when Zimmerman deemed him suspicious. Zimmerman claimed that Martin attacked him and he feared for his life. In the trial, the judge instructed jurors that Zimmerman had no duty to retreat and had the right to stand his ground and use deadly force if he thought it was necessary to defend himself. Prior to this law, jurors would be instructed that a person had a duty to retreat using “every reasonable means” before using deadly force. Zimmerman was acquitted.
Race plays a significant role in prosecutions. Studies have found that when the attacker is white and the victim is black, the homicide is 281% more times likely to be found justifiable than when the attacker is black and the victim is white. When both are black, the attacker is more likely to be convicted than if they are both white. 73% of those who killed a black victim faced no penalty versus 59% of those who killed a white victim.
Red Flag Laws
In 1999, Connecticut became the first state to enact a “Red Flag” law which allows police to temporarily confiscate firearms from individuals determined to be a threat to themselves or their community. Indiana followed suit in 2005. A study published in the journal Psychiatric Services found a decline in gun suicides in these states.
In total, 8 states have red flag laws, including Florida which adopted the law following the Stoneman Douglas High School Shooting. Minnesota is not one of them. Most of these laws require some sort of judicial oversight and due process, however critics say firearms shouldn’t be taken away unless there is an actual conviction.
Here is where the candidates stand:
Jeff Johnson (R): Candidate Johnson says, “Self-defense is a fundamental individual right and creating new “gun control” restrictions on law-abiding citizens will only leave guns in the hands of criminals.”
Erin Murphy (D): Candidate Murphy is proud of her “F” rating from the NRA and has never receive money from the NRA. She believes Minnesota should ban assault weapons, ask law enforcement to intervene when a person either already has or is looking to purchase a gun and is a threat to themselves or their community, set restrictions on magazine capacity, require built-in safety measures and hold manufactures accountable when the standard isn’t met, require universal background checks, and lift the ban on researching gun violence as a public health issue.
Tim Pawlenty (R): Candidate Pawlenty does not address this issue on his website. However, in April he told the press corps that he supports banning bump-stocks or anything that would make a weapon a machine gun, giving local schools more money so they can decide if they want bulletproof glass, police officers, or mental health counseling, strengthening background checks by making sure that people who have mental health challenges or a history of being violent don’t have access to guns, and enforcing and enhancing penalties for people who buy guns with the intent of transferring it to someone else. When asked about background checks for private sales and the so-called “gun show loophole” he said, “Make the background check system available to those people in a way that’s easy and convenient and then offer them legal safe harbor if they use it. I think that’s common ground.”
Tim Walz (D): Candidate Walz says, “Minnesotans deserve to feel safe in their communities, and to have their second amendment rights respected.” He touts himself as a lifelong sportsman and hunter who has the credibility among law-abiding gun owners to build coalitions necessary to get something done on this issue. He has received money from the NRA in his past congressional campaigns. He says he donated all of the money received from the NRA to the Intrepid Fallen Heroes Fund. He says he will not accept any additional campaign contributions from the NRA. In Congress, he voted in support of universal background checks, “No Fly, No Buy” legislation, and funding the CDC to study gun violence. He voted against Concealed Carry reciprocity. And, he was an original co-sponsor on the bill to ban bump stocks. In Minnesota, he will support a ban on assault weapons, pass universal background checks, fight “stand your ground” bills, and institute the gun violence prevention order which would enable law enforcement and family members to petition the court to prohibit a person from having firearms if a judge finds they are a significant danger to themselves or others.
Nineteens states and Washington, D.C. have extended the background check requirement beyond federal law to include at least some private sales. Minnesota is not one of them. Of those nineteen, nine states and D.C. require universal background checks for transfers and sales of all firearms whether purchased from a licensed or unlicensed dealer. From 2009 to 2012, states that required background checks on all handgun sales had 35% fewer gun deaths per capita than states without the requirement. Additionally, states that require background checks on all handgun sales experience 52% fewer mass shooting incidents. They experience 48% less gun trafficking, 38% fewer deaths of women shot by intimate partners, and 17% fewer firearms involved in aggravated assaults.
Additionally, states with universal background checks have 53% fewer firearm suicides and 31% fewer suicides overall.
In Minnesota, our current background check system has blocked 28,499 gun sales to prohibited people since 1998. 19,456 were felons, 1,083 were fugitives, and 3,751 were people convicted of domestic abuse misdemeanors or subject to domestic abuse protection orders.
Stand Your Ground Laws
Castle Doctrine law is common law in the United States. It states that people have “no duty to retreat” from their home in the event of an intruder, but rather are justified in using deadly force to defend oneself. It’s a legal defense that bars a defendant from prosecution for murder if they kill someone in their own home for purposes of self-defense. Each state implements this slightly differently, but mostly the same. In Minnesota, “there is no duty to retreat before using deadly force to prevent a felony in one's place of abode; no duty to retreat before using deadly force in self-defense in one's place of abode.”
“Stand Your Ground” laws are related to the Castle Doctrine law. Stand Your Ground laws are an extension of Castle Doctrine law by allowing a defendant to use the level of force that they see fit against any threat or perceived threat at any location outside the home where a person has a lawful right to be. Without Stand Your Ground laws, a person has a “duty to retreat” by any reasonable means before using deadly force by way of self defense. There is no federal law so it is up to the states to adopt this law. 34 states have adopted “Stand Your Ground Laws” in one way or another. Minnesota is not one of them.
Critics call “Stand Your Ground” laws, “Shoot First’ laws. They say it makes it very difficult to prosecute individuals who claim self-defense because the only other witness is the deceased. In 2005, Florida was the first to enact the “Stand Your Ground” law. It was a law promoted by the National Rifle Association. After Florida, the conservative, corporate-funded American Legislative Exchange Council (ALEC) adopted a model law in conjunction with the NRA and have lobbied states every since to adopt the law, being successful in a majority of the states.
By 2012, deaths by self defense were up over 200% in Florida. 2012 was also the year that self-appointed crime watch volunteer, George Zimmerman, shot and killed 17 year old Trayvon Martin in Florida. Martin was returning from a convenience store when Zimmerman deemed him suspicious. Zimmerman claimed that Martin attacked him and he feared for his life. In the trial, the judge instructed jurors that Zimmerman had no duty to retreat and had the right to stand his ground and use deadly force if he thought it was necessary to defend himself. Prior to this law, jurors would be instructed that a person had a duty to retreat using “every reasonable means” before using deadly force. Zimmerman was acquitted.
Race plays a significant role in prosecutions. Studies have found that when the attacker is white and the victim is black, the homicide is 281% more times likely to be found justifiable than when the attacker is black and the victim is white. When both are black, the attacker is more likely to be convicted than if they are both white. 73% of those who killed a black victim faced no penalty versus 59% of those who killed a white victim.
Red Flag Laws
In 1999, Connecticut became the first state to enact a “Red Flag” law which allows police to temporarily confiscate firearms from individuals determined to be a threat to themselves or their community. Indiana followed suit in 2005. A study published in the journal Psychiatric Services found a decline in gun suicides in these states.
In total, 8 states have red flag laws, including Florida which adopted the law following the Stoneman Douglas High School Shooting. Minnesota is not one of them. Most of these laws require some sort of judicial oversight and due process, however critics say firearms shouldn’t be taken away unless there is an actual conviction.
Here is where the candidates stand:
Jeff Johnson (R): Candidate Johnson says, “Self-defense is a fundamental individual right and creating new “gun control” restrictions on law-abiding citizens will only leave guns in the hands of criminals.”
Erin Murphy (D): Candidate Murphy is proud of her “F” rating from the NRA and has never receive money from the NRA. She believes Minnesota should ban assault weapons, ask law enforcement to intervene when a person either already has or is looking to purchase a gun and is a threat to themselves or their community, set restrictions on magazine capacity, require built-in safety measures and hold manufactures accountable when the standard isn’t met, require universal background checks, and lift the ban on researching gun violence as a public health issue.
Tim Pawlenty (R): Candidate Pawlenty does not address this issue on his website. However, in April he told the press corps that he supports banning bump-stocks or anything that would make a weapon a machine gun, giving local schools more money so they can decide if they want bulletproof glass, police officers, or mental health counseling, strengthening background checks by making sure that people who have mental health challenges or a history of being violent don’t have access to guns, and enforcing and enhancing penalties for people who buy guns with the intent of transferring it to someone else. When asked about background checks for private sales and the so-called “gun show loophole” he said, “Make the background check system available to those people in a way that’s easy and convenient and then offer them legal safe harbor if they use it. I think that’s common ground.”
Tim Walz (D): Candidate Walz says, “Minnesotans deserve to feel safe in their communities, and to have their second amendment rights respected.” He touts himself as a lifelong sportsman and hunter who has the credibility among law-abiding gun owners to build coalitions necessary to get something done on this issue. He has received money from the NRA in his past congressional campaigns. He says he donated all of the money received from the NRA to the Intrepid Fallen Heroes Fund. He says he will not accept any additional campaign contributions from the NRA. In Congress, he voted in support of universal background checks, “No Fly, No Buy” legislation, and funding the CDC to study gun violence. He voted against Concealed Carry reciprocity. And, he was an original co-sponsor on the bill to ban bump stocks. In Minnesota, he will support a ban on assault weapons, pass universal background checks, fight “stand your ground” bills, and institute the gun violence prevention order which would enable law enforcement and family members to petition the court to prohibit a person from having firearms if a judge finds they are a significant danger to themselves or others.
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