Federal Appeals Court Seems Skeptical of Reciprocity Argument

A three-judge panel on the Eighth Circuit Court of Appeals appears to be skeptical of the arguments used by an over-the-road truck driver challenging Minnesota’s refusal to recognize his Florida and Georgia carry permits. During oral arguments on Wednesday, at least two of the three judges on the panel seemed to have a hard time with Jeffrey Johnson Sr.’s contention that requiring him to get a non-resident permit before he can carry in Minnesota is an unreasonable burden on his Second Amendment rights. 

From Courthouse News:

“If Minnesota can require all of its residents to get a permit, why would it violate the Second Amendment by requiring others to?” U.S. Circuit Judge Steven Grasz, a Donald Trump appointee, asked.

U.S. Circuit Judge Ralph Erickson agreed, piling on to the questioning against Johnson’s attorney, Ryan Morrison.

“Is it your position that, having conceded that the Minnesota permitting process is appropriate for Minnesota residents … that Minnesota must enact a statute that allows reciprocity, or else they’re in violation of the Second Amendment?” Erickson asked. “Do you have a case that says that anywhere in the world?”

The George W. Bush appointee continued with his concern about Morrison’s argument, finding it absurd that those outside of Minnesota shouldn’t be held to the same standard as residents.

“So you have greater rights as a nonresident than as a resident?” Erickson asked. “It just says, if you want to go into Minnesota, you just got to follow the Minnesota permitting process.”

The answer to Erickson’s question is arguably “yes”; non-residents do have greater rights, or at least more leeway, than residents of a particular state. Attorneys Chuck Michel, Anna Barvir, and Kostas Moros raised that point in an amicus brief filed in Gardner v. Maryland, which is another case dealing with the lack of reciprocity.

As the three noted, there’s a national tradition of exempting “travelers” from carry restrictions that states impose on residents that dates back to at least the late 1600’s. 

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