Dear Neighbors,
On Thursday, the House voted on and approved two gun control bills—despite bipartisan opposition to both pieces of legislation. I’ve always been up-front with constituents about my support for the 2nd Amendment and I had concerns about how these two bills would negatively impact law-abiding Minnesotans’ right to own firearms and it is uncertain what sort of impact they will have to curb criminal behavior.
The first bill would create substantial new barriers and procedures for what used to be a relatively simple process of transferring firearms to a friend, relative, or neighbor. The new, complicated process could inadvertently turn law-abiding gun owners into criminals if they do not follow steps laid out in legislation.
We know that criminals already intent on breaking the law won’t follow this new, bureaucratic process, thus leaving law-abiding gun owners as the ones that will largely be impacted by this bill.
The second bill not only raises questions regarding the 2nd Amendment, but it also impacts due process rights.
This legislation creates an “Extreme Risk Protection Order” process to file a petition with the courts to have your firearms removed if someone believes you are a risk to self or others. In some cases, a court would be able to issue the order following an ex parte hearing, meaning individuals would not be present in court and not given the opportunity to contest the order.
The process would effectively treat people as guilty until they can prove their innocence. This goes against the principles of our legal system.
I am also concerned that the bill would put our law enforcement professionals in harm’s way by expecting them to contact and seize guns from gun owners who may not know they have had a gun seizure order levied against them.
Minnesota already has several tools in place for situations where people feel they are in imminent danger including 72-hour holds for individuals going through a mental crisis. In cases of domestic violence, Minnesota law directs officers to make an arrest if they believe that domestic violence has occurred in the preceding 72 hours or if the person poses a threat to the potential victim.
Enforce the Laws We Already Have
Better legislation that I have signed as a co-author would strengthen laws we already have on the books including a bill that increases penalties for individuals that transfer a firearm to an individual that they know is legally barred from owning or possessing a firearm. Another term for this type of transaction is a “straw purchase”.
Another bill I am co-authoring provides compliance to ensure that individuals convicted of child abuse, domestic abuse, and stalking and have been court-ordered to no longer possess a firearm have followed through and transferred their firearms to the proper authorities. We’ve learned that there have been significant issues carrying out this sort of court order in the past and this legislation would make sure the proper authorities are following through.
As a society, we need to continue to pursue measures that will keep our communities safe while ensuring that law-abiding Minnesotans’ 2nd Amendment rights are respected and upheld.
I very much appreciate the many who have contacted me and shared their concerns about these bills and want current laws enforced and their constitutional rights to not be infringed.
I also carefully listened to those who support more gun control. Thursday’s bills have had bipartisan opposition and went nowhere last year. To be blunt this bill was brought back up by the majority, simply for campaign reasons.
In the end, I believe I am representing Lakeville’s values to strengthen our current laws and supporting bipartisan bills that can pass. I will continue to work on the better proposals mentioned.
Jon Koznick
Assistant Minority Leader
State Representative, Lakeville, 58A