Posted April 7, 2017 3:05 am by Comments

By Chris Eger

A Minnesota gun owner suing the city of St. Cloud and three police officials after he was arrested while walking in public with his rifle saw a federal judge side with the city last week.
U.S. District Judge John R. Tunheim granted a motion by the City of St.Cloud and dismissed the case of Tyler Paul Gottwalt on March 28. The gun owner argued the city’s gun regulation is vague, overbroad and fundamentally unconstitutional in light of Minnesota’s preemption laws. This, in turn, led the defendants to overstep their powers, violating Gottwalt’s civil rights in the process.
Tunheim did not agree.
“Because Minnesota law does not permit an individual to publicly carry an AK-47 while in possession of a valid permit to carry a weapon, and because laws outlawing the public carrying of an AK-47 are not unconstitutional under the Second Amendment, the Court will grant the Defendants’ motion to dismiss Gottwalt’s claims,” wrote Tunheim in his 10-page opinion.
Gottwalt was stopped Nov. 17, 2014, by Sauk Rapids and St. Cloud police, as he walked across a bridge from one town to the next with an AK-style rifle, slung over his shoulder. While the Sauk Rapids officers stood by, those from St. Cloud consulted

Source: Guns.com

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