Would right granted under the U. S. Constitution close at the boundary of one condition when a member enters another? Generally speaking, not. The privileges and immunities provision of Content IV, Part 2, of the Constitution says that people of one position are “entitled to all Privileges and Immunities of Citizens ” in different states. This includes the right to go for work and leisure. But, there are restrictions.
The context of the Following Amendment’s right to keep and bear wings for self-defense across state lines is the issue at the heart of a case filed on January 7, 2025, against Bob Jacobson, in his official capacity as director of the Minnesota Department of Public Safety.
The complaint problems Minnesota’s refusal to acknowledge freely issued weapon grants of various states, including those held by defendants David McCoy and Jeffrey Johnson in their home state of Texas and Georgia, respectively. Johnson even holds a force from Florida, where he used to sit.
The defendants are specialized long-haul 18-wheel truck drivers who crisscross the land, 300 times a month. According to the issue, both maintain rifle competency with security courses and memberships in several firearms organizations. Each often passes background inspections required by their work. Neither has any history of violence, criminal convictions, or group some offenses. Their background include knowledge as firefighters and emergency health professionals.
The people consider themselves good Samaritan, their “personal ethos” impelling them to “make the path a much safer ” by “helping stranded cars, coming to the aid of incidents, assisting law enforcement and emergency staff. ”
While driving, McCoy and Johnson often carry weapon for the reasons of self-defense, as well as protection of others, their house, and goods. But whenever they reach the Minnesota border , Minnesota law requires them to unload their firearms and stow them in a closed, fastened container, rendering them not readily accessible. Other states have analogous restrictions.
Different State Requirements
“It’s a spiderweb of regulations as I travel from state to state, ” said McCoy, who spoke on a hands-free phone while en route to Nashville. “As I turn up Interstate 81, I pass into West Virginia, ” he said, by way of example. “Twelve miles later I pass into Maryland where I stop and unload my gun. ” When he reaches Pennsylvania, he stops again to retrieve his firearm. He repeats this scenario again and again, 300 days a year.
When McCoy called lawyer Loren Seehase for advice about his travel difficulties, she was shocked to discover the “patchwork of laws ” he had to navigate. Seehase is senior counsel at the nonprofit Liberty Justice Center, a public-interest litigation firm. “Minnesota’s law currently recognizes the validity of handgun permits issued by 20 states but denies reciprocity to 29 others, ” she said. The law can fluctuate year to year. And it has no statutory requirement that the commissioner explain denial of reciprocity for any state law he considers not “similar ” to Minnesota and thereby excludes.
After comparing Texas and Minnesota regulations, Seehase said she believed Texas ’ law is actually more restrictive.
Non-compliance with Minnesota’s gun permit requirement carries hefty penalties that would threaten plaintiffs ’ licenses and livelihoods. First offenses carry fines up to$ 3,000, incarceration up to 364 days, or both. Second and subsequent offenses can result in fines up to$ 10,000, incarceration up to five years, or both.
Needed for Protection
Safety on the road is also a serious concern for truckers. “They live in their truck. In a sense it is their home, ” said Seehase.
“One time I was carrying cargo to a new job and the mechanic was intoxicated and did n’t recognize me and shot at me in my truck, ” McCoy said. While stopped at crashes to help motorists, he has witnessed individuals fleeing from purported crimes. Road rage against truckers is a common occurrence.
There are reports of violence against female truckers too. They account for 6 to 10 percent of long-haulers.
The year 2023 saw an enormous surge in cargo theft across the U. S. involving hijacking, forced entry, and break-ins while truckers stepped away from their vehicles. Totals for 2024 are not in yet, but theft rose substantially during the third quarter. Estimates place the financial fallout at$ 15-$ 35 billion.
The costs and logistics of complying with assorted state permits add additional burdens. Minnesota alone charges a$ 100 application fee for a firearms permit and requires applicants to apply in person. Permit notification can take another 30 days. Meanwhile, the law prohibits out-of-state truckers and others from carrying firearms. Permits, valid for five years, are mailed to applicants ’ home addresses, adding another layer of difficulty for truckers to retrieve them.
Lawsuit
The complaint alleges that these burdens are not only onerous on the plaintiffs but on “millions of other similarly situated Americans. ” Professional truck drivers number approximately 3. 5 million in the U. S. , of which 300,000-500,000 are long-haulers. Add to that others with valid permits who travel out-of-state for work or pleasure, including those residing in recreational vehicles. Seehase says this results “in a refusal to recognize the carry permits of approximately two-thirds of Americans. ”
The lawsuit seeks a declaratory judgment that Minnesota’s refusal to recognize lawfully issued out-of-state firearms permits violates the Second Amendment, an injunction prohibiting enforcement, and an order requiring Minnesota to honor lawfully issued out-of-state firearms permits.
The complaint says in no other instance does Minnesota require a visiting individual to obtain permission before exercising a constitutional right. What about regulations, for example, that require permits for parades or protests and the First Amendment right to peaceably assemble? “That’s different, ” Seehase said. “ Under the law, they’re not treating residents and nonresidents differently. ”
The commissioner’s office declined to weigh in, stating it was generally not their practice to comment on pending litigation. Once served with the complaint, the commissioner will have 21 days to respond.
The litigation will undoubtedly turn on the application of the U. S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s concealed carry permit regulation requiring applicants to demonstrate special need for carrying a firearm in public for self-defense. The court did not prohibit states from enacting firearms licensing requirements, but held that the Second Amendment’s right to bear arms extended beyond one’s home. It further placed the burden on a state to substantiate that its laws are consistent with the nation’s historical tradition of firearms regulation. “ I don’t think Minnesota can overcome that burden, ” Seehase said.
Beverly Willett is co-founder of the Coalition for Divorce Reform and a former lawyer. She is the author of “Disassembly Required: A Memoir of Midlife Resurrection. ”
