DOJ threatens lawsuit against Minnesota over gun purchase waiting period
The Justice Department says the state’s 30-day waiting period violates the Second Amendment
WASHINGTON (Valley News Live) — The U.S. Department of Justice’s Civil Rights Division sent a notice of suit to Minnesota Gov. Tim Walz, Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her on Sept. 17, threatening to sue the state and the two cities over firearm purchase waiting periods, according to the letter.
The letter, signed by Assistant Attorney General Harmeet Dhillon, argues that Minnesota’s permit-to-purchase and transferee report requirements violate the Second Amendment rights of residents who have not obtained a permit to carry.
According to the letter, Minnesota law generally prohibits people without a carry permit from purchasing a handgun or certain rifles until 30 days after a transferee report is delivered to the purchaser’s local police chief or sheriff. The letter states that some residents have faced wait times of up to 60 days due to delays in approvals from police chiefs in Minneapolis and St. Paul.
The letter also says Minnesota’s permit-to-purchase process requires applicants to wait up to 30 days for police to grant the permit, regardless of whether the applicant has already passed a criminal background check under the National Instant Criminal Background Check System.
Dhillon wrote in the letter that she has authorized the filing of a complaint in federal district court alleging that Minnesota’s “Report of Transfer” and “Transferee Permit” schemes violate residents’ Second Amendment rights by imposing unnecessary and prejudicial delays, and that law enforcement’s implementation of these policies constitutes a pattern of misconduct.
“A right delayed is a right denied. Minnesota cannot deny Americans the right to purchase commonly owned firearms with weeks-long waiting periods. The Civil Rights Division’s Second Amendment Section will challenge these violations of fundamental rights,” Dhillon said in a post on X.
What the DOJ is asking for
According to the letter, the Department of Justice said it would consider deferring the lawsuit if Minnesota, Minneapolis and St. Paul agree to immediately stop enforcing the statutes in question, acknowledge their unconstitutionality, and enter a court-enforceable consent decree permanently blocking enforcement of the laws or similar ones.
The letter also serves as a document-retention notice, directing state officials, employees and contractors to preserve records relevant to the matter, including documents, photos, videos, tapes, emails and computer files.
The letter asked the state to respond by Sept. 23, 2026, on whether it is interested in pre-suit settlement negotiations, saying the DOJ may file its complaint without further notice if it does not hear back by 5 p.m. ET that day.
The letter was also sent to Minnesota Attorney General Keith Ellison, Minneapolis City Attorney Kristyn Anderson and St. Paul City Attorney Irene Kao.
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