The U.S. Department of Justice filed a federal lawsuit Thursday challenging Minnesota’s law that requires most residents to wait before taking possession of a handgun or certain rifles, saying the statewide 30‑day waiting period and related permit‑to‑purchase rules violate the Second Amendment.
The complaint, filed in U.S. District Court, names the State of Minnesota and the cities of Minneapolis and St. Paul. It asks a judge to block enforcement of the waiting period and permit‑to‑purchase requirement for people who do not hold a permit to carry.
What the lawsuit says
The federal filing describes Minnesota’s system as a “hybrid waiting period and permit‑to‑purchase scheme.” Under a 2023 change to state law, licensed gun dealers must report handgun and certain regulated rifle sales to the buyer’s local police chief or county sheriff, and then wait up to 30 days before transferring the firearm unless the buyer already has a permit to carry.
The DOJ argues that the rule effectively places a burden on the right to keep a firearm in the home for self‑defense — a protection the U.S. Supreme Court has recognized as central to the Second Amendment — and that the law treats purchasers without carry permits differently from those who hold them.
Federal prosecutors pointed to data in the complaint saying more than 93% of Minnesotans do not have a permit to carry, a figure the suit says translates to roughly 5.4 million people based on the state’s population of 5,830,405.
Local processing times and enforcement
The complaint also alleges that in both Minneapolis and St. Paul the local authority review times “commonly exceed the statutory limit of 30 days,” with some residents reportedly waiting nearly 60 days to receive firearms. The filing notes there is no statutory penalty when a law enforcement agency misses the 30‑day deadline.
- 30 days — statutory waiting period for most handgun and certain rifle purchases under the 2023 law.
- Permit to carry — holders are not required to obtain a permit to purchase or wait 30 days to complete a purchase.
- Reported delays — some residents in Minneapolis and St. Paul have waited nearly 60 days before transfer.
| Metric | Value |
|---|---|
| Statutory waiting period | 30 days |
| Share without carry permit | 93% |
| Minnesota population cited | 5,830,405 |
Statements from officials
U.S. Attorney Dan Rosen, who brought the suit on behalf of the Justice Department, framed the action as a defense of lawful purchasers’ rights.
“We are committed to protecting Minnesotans’ right to purchase firearms and we will not tolerate procedures that are wielded in a way that impairs that right,” Dan Rosen said in a statement.
Minnesota Attorney General Keith Ellison pushed back in a public statement, defending the state’s background‑check procedures as “common‑sense” safeguards enacted through the democratic process. Ellison characterized the federal challenge as a misdirected use of resources in the face of recent gun violence in the state.
Law and practice
The 2023 law extended the waiting period from seven days to 30 days for handguns and semi‑automatic rifles described in statute as regulated rifles. It also established that law enforcement may waive or shorten the waiting period if they determine the buyer faces imminent danger or if the buyer has cleared applicable background checks.
The lawsuit does not seek to alter public carry rules; it is narrowly targeted at the permit‑to‑purchase requirement and the waiting period that apply to those who do not hold a carry permit, arguing those provisions impose an unconstitutional burden when individuals seek to acquire a firearm for home defense.
What happens next
The case will proceed in federal court where a judge will consider the parties’ legal claims and any preliminary requests, such as an injunction blocking enforcement of the waiting period while litigation continues. The suit sets up a high‑stakes confrontation between federal prosecutors and elected Minnesota and city officials over how to balance public safety concerns and constitutional rights.
As the litigation unfolds, Minnesotans seeking to buy handguns or regulated rifles remain subject to the current statutory framework unless and until a court orders otherwise.
