Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Man Sues St. Cloud Because He Got a Ticket After Carrying an AK47 in Public :: 05/06/2016

A growing number of Minnesotans have permits to carry firearms, according to numbers from the state. But one Minnesotan with a permit claims the City St. Cloud denied him his right.

Tyler Gottwalt is suing the city of St. Cloud. According to the lawsuit, Gottwalt was walking in the city on November 17, 2014, with a rifle on his back. Police confronted him and ultimately he was cited for carrying his weapon in public, but Gottwalt's lawyer says the St. Cloud ordinance is in conflict with both state statute and the Second Amendment.

"When a state statute preempts any other statute, including ordinances, that state statute is supreme," said Attorney Kenneth Udoibok.

Gottwalt said he expected police to stop him but only to see his permit.

"I open carry my handguns," he said Thursday. "I've refrained from that with rifles now."

Gottwalt is hoping to get the St. Cloud ordinance thrown out, and even though his criminal case was dismissed, he wants compensation too.

Asked why he'd want to carry a semi-automatic rifle on his back in public, Gottwalt responded, "Well the answer is simple: it's because it's my right to do so."

5 EYEWITNESS NEWS reached out to both St. Cloud police and the city attorney's office. They forwarded us to their lawyer, who didn't respond to a request for comment.

http://kstp.com/news/saint-cloud-lawsuit-ak47-carrying-in-public/4128699/

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