
Public Defense, Crim/ConLaw Nerd | Law & Policy Communicator | Volunteer EMT/SAR Cmdr. | Pres.: MN Gun Owners Law Center | General Counsel: @mnguncaucus
Joined April 2025
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Replying to @talkette
They say he was charged, then say “charges were forwarded” (which isn’t a thing. A case gets referral for prosecution. Charges only come once a prosecutor files them.
After 3 months, highly unlikely there’s going to be any more probable cause than existed on the day of incident.
Minnesota’s intent element doesn’t vanish because Duke files the law under “Categorical Bans.”
Minneapolis’s ordinance doesn’t become enforceable because someone counted its residents.
Overrelying on Duke’s incomplete database is how cherry-picked citations get promoted into imaginary legal traditions.
Read the statute. Read the cases. Check applicability. Check enforceability.
“Duke had it in a spreadsheet” is not a constitutional test.
471.633 says: "Local regulation inconsistent with this section is void." Ask St. Paul, they're keenly aware of this in court. Mpls may be next.
The exceptions permit discharge rules ®ulations identical to state law. Neither authorizes Minneapolis to invent its own rifle ban.
Minnesota's Supreme Court later reversed a conviction because the jury instruction shifted the burden of disproving intent to the defendant.
The state still had to prove intent. State v. Simon (1925).
law.justia.com/cases/minneso…
Minnesota Angle: Cook County's SCOTUS gun-ban brief has a MN problem. Two, actually.
An intent-based offense becomes support for blanket bans. A preempted city ordinance helps pad the argument for widespread regulation.
Let's check the receipts.
supremecourt.gov/DocketPDF/2…











