Some Anti-ICE Protesters in Minnesota Are Openly Carrying. What Does the Law Say?

AP Photo/John Locher

As protests over ICE activity continue in Minnesota, some on the left are beginning to exercise their Second Amendment rights. 

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We'll get to how these individuals are carrying in a moment, but first we need to talk about a common response from the left to images like this. 

The reaction that I've seen from Second Amendment supporters is exactly what you'd expect: people have the right to keep and bear arms, and it doesn't matter if you agree with their political views or not. 

I did see some folks suggest that this individual and others who've been spotted with rifles are violating Minnesota's ban on open carry. But as MN Gun Owners Law Center President Rob Doar pointed out repeatedly on social media over the weekend, that's not necessarily the case. 

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So long as someone has a permit to carry in Minnesota, they can openly carry a rifle or shotgun to their heart's content... subject to the same "sensitive place" restrictions that apply to concealed carry. And if someone doesn't possess a carry permit, they can still openly carry a long gun so long as its unloaded. 

The relatively short list of "gun-free zones" enshrined in Minnesota statute doesn't include carrying during a protest, at or near a permitted event, or on random city streets. So yes, at least on the surface it appears these armed protesters (or at least the one in the Daily Caller post) are complying with Minnesota law. 

Even after Doar cited statute, he got pushback from some folks, including one guy who argued that it's an assumption the individual featured in the DC post has a permit, and "either way he's handling the gun in a manner that is reckless." 

First, in a nation where the right to keep and bear arms in enshrined in the Constitution, the mere act of bearing arms should not be assumed to be a criminal act. And as Doar pointed out, "The statute requires more than uncomfortable optics. It requires proof of both reckless handling and actual endangerment, neither of which can be established from a still image without evidence the firearm was loaded, operable, or handled in a manner creating a real risk of discharge."

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Is that a high bar for law enforcement? Yes. But shouldn't that be the case when we're talking about a fundamental civil right? 

Now, having said that, if you're trying to look tough and intimidating, I'd say carrying a .22 caliber rifle really isn't your best option. And regardless of what you're carrying, you still need to follow the fundamental rules of gun safety. That includes proper trigger discipline and not pointing the muzzle of your rifle at someone, even accidentally. 

If you can't do that, then leave the gun at home and protest with a sign or a megaphone instead. 

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

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