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Posted: 7/20/2022 6:35:26 PM EDT
[#1]
Quote HistoryOriginally Posted By Bazmancrash: UPDATE 07/20/2022 I got a court date and charges in the mail. Possession of a firearm with no serial number. Fuck. The DA must be truly retarded. I hope your attorney can clear it up before the court date. |
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NH, USA
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Posted: 7/20/2022 6:52:18 PM EDT
[#2]
Make sure to reach out for help if you need it.
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Posted: 7/20/2022 7:10:41 PM EDT
[Last Edit: PepePewPew]
[#3]
Quote HistoryOriginally Posted By Bazmancrash: Possession of a firearm with no serial number. Did they include a citation for the law you allegedly violated? 609.667 (3) receives or possesses a firearm that is not identified by a serial number would seem to be worthy of a court overturn, considering the number of firearms in interstate commerce which were never serialized. But then this part would seem to make it enforceable while excluding you from being prosecuted under it: As used in this section, "serial number or other identification" means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms. |
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Posted: 7/20/2022 8:22:11 PM EDT
[#4]
Quote HistoryOriginally Posted By Bazmancrash: Polk. Did what I was told. License with CC. Asked to see it for officer safety. Snowball. Gotcha. poor work on cops part, I'm sorry it is going this way for you . Good luck, should be simple enough to beat, but costly, time consuming, and exhausting |
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TX, USA
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Posted: 7/20/2022 11:12:30 PM EDT
[#5]
Quote HistoryOriginally Posted By Bazmancrash: UPDATE 07/20/2022 I got a court date and charges in the mail. Possession of a firearm with no serial number. Fuck. Shit, sorry brother. https://www.jackricelaw.com/blog/are-ghost-guns-legal-in-minnesota They're just fucking with you on the ride. |
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KY, USA
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Posted: 7/20/2022 11:38:23 PM EDT
[#6]
Quote HistoryOriginally Posted By PepePewPew: I'm not, but my state law specifically authorizes LE to take custody of it for the duration of the traffic stop in the name of 'officer safety'. I suspect the same applies in many others. Then when it's in the custody of LE, if it's the same sort of douchebag who would demand custody of it in the first place, he'll view that as license to do whatever the fuck he wants to do, run a 'stolen gun check', unload it and confiscate the ammo, field strip it and hand it back in pieces (if he has fantasies of a lawful CCer shooting him in the back as he walks away). I’ve always assumed that this would one day make it to the Supreme Court on a case just like this. The cops can take the gun for safety, but in my opinion once they search for a serial number, they likely violate your rights. Especially if it’s in a holster and they have to unholster it to see the serial number. I have debated this with coworkers who always think it’s fair game. I don’t think it is. |
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Posted: 7/21/2022 6:19:18 AM EDT
[#7]
Quote HistoryOriginally Posted By mclark202: I’ve always assumed that this would one day make it to the Supreme Court on a case just like this. The cops can take the gun for safety, but in my opinion once they search for a serial number, they likely violate your rights. Especially if it’s in a holster and they have to unholster it to see the serial number. I have debated this with coworkers who always think it’s fair game. I don’t think it is. Arizona v Hicks would suggest not, but IANAL. https://casetext.com/case/arizona-v-hicks |
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Posted: 7/21/2022 8:36:05 AM EDT
[#8]
Quote HistoryOriginally Posted By PepePewPew: Did they include a citation for the law you allegedly violated? 609.667 (3) receives or possesses a firearm that is not identified by a serial number would seem to be worthy of a court overturn, considering the number of firearms in interstate commerce which were never serialized. But then this part would seem to make it enforceable while excluding you from being prosecuted under it: As used in this section, "serial number or other identification" means the serial number and other information required under United States Code, title 26, section 5842, for the identification of firearms. 26 USC 5842 is the NFA. All that 609.667 appears to do is make MN state law mirror federal law in requiring that NFA firearms have serial numbers. Since a P80 is a title I handgun, 609.667 isn't applicable. |
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MN, USA
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Posted: 7/21/2022 9:21:13 AM EDT
[#9]
Quote HistoryOriginally Posted By Mike327: Make sure to reach out for help if you need it. To who? Hahaha feel pretty on my own on this one. |
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Posted: 7/21/2022 9:38:34 AM EDT
[#10]
This is why you should engrave a generic serial number on any 80 percent builds
8787FU001 |
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Posted: 7/21/2022 10:07:24 AM EDT
[#11]
Quote HistoryOriginally Posted By Bazmancrash: UPDATE 07/20/2022 I got a court date and charges in the mail. Possession of a firearm with no serial number. Fuck. WOW! The Level of Retardation in your Legal System is off the scale. Was there a lot of lead in the water pipes or something? Bad News - You are spending time & money over something that is a NON-Crime. Good News - You should have a 10 minute trial to show the Judge / Jury that there was NO CRIME & the Police & D.A. have wasted everyone's time & money. Just the same - get an attorney & be prepared - don't walk in and "represent" yourself. BIGGER_HAMMER 
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MN, USA
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Posted: 7/21/2022 10:19:23 AM EDT
[#12]
Quote HistoryOriginally Posted By Bigger_Hammer: WOW! The Level of Retardation in your Legal System is off the scale. Was there a lot of lead in the water pipes or something? Bad News - You are spending time & money over something that is a NON-Crime. Good News - You should have a 10 minute trial to show the Judge / Jury that there was NO CRIME & the Police & D.A. have wasted everyone's time & money. Just the same - get an attorney & be prepared - don't walk in and "represent" yourself. BIGGER_HAMMER I think people are eating whole tubes of toothpaste lol |
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Posted: 7/21/2022 10:41:47 AM EDT
[#13]
What county in MN is this happening? St Louis County?
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MN, USA
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Posted: 7/21/2022 11:34:34 AM EDT
[#14]
Quote HistoryOriginally Posted By BLKVooDoo: What county in MN is this happening? St Louis County? Polk..... Middle of nowhere |
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Posted: 7/21/2022 11:50:49 AM EDT
[#15]
What the hell was their reason for seizing it? They asked to inspect it at the stop, but why seize it?
Sounds like bullshit and power play by the police. |
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Posted: 7/21/2022 11:57:31 AM EDT
[#16]
Quote HistoryOriginally Posted By KitBuilder: That's not going to work because the Supreme Court has already ruled that LE can seize property without PC and without showing any connection to a specific crime. It's only searches and arrests that require PC. That's theft. |
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FM, USA
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Posted: 7/21/2022 12:02:14 PM EDT
[#17]
Quote HistoryOriginally Posted By viralinsurgency: What the hell was their reason for seizing it? They asked to inspect it at the stop, but why seize it? Sounds like bullshit and power play by the police. Cops don't know the intricacies of firearms law. He had a personally manufactured pistol, which is legal. It does not have a serial # which is also apparently legal (though if I ever built an 80%, I would put one on it). Cops go by Pop culture on gun laws in a lot of cases, this would appear to be one of those cases. "All guns gotta have a serial number", probably with a helping of "if it's missing you must have removed it so it's probably stolen anyway". Fucking asstards. Do not skimp on your attorney, and focus on the statutes and how the apply, don't let the detective rope the judge into some pop culture bullshit. |
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Posted: 7/21/2022 12:04:06 PM EDT
[#18]
Because the dumbass cop who "inspected" it put the model # in for the serial #.
Some other dumbass in another state did the same and it popped up as having been used in a crime. |
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Posted: 7/21/2022 12:59:07 PM EDT
[#19]
Quote HistoryOriginally Posted By Bazmancrash: Polk..... Middle of nowhere Quote HistoryOriginally Posted By Bazmancrash: Originally Posted By BLKVooDoo: What county in MN is this happening? St Louis County? Polk..... Middle of nowhere I am familiar. Can you PM me the deputy name? |
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MN, USA
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Posted: 7/21/2022 1:51:32 PM EDT
[#20]
What are the chances I can turn this around and sue for violation of my 2nd and 4th amendment rights?
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Posted: 7/21/2022 1:57:44 PM EDT
[#21]
Quote HistoryOriginally Posted By Bazmancrash: What are the chances I can turn this around and sue for violation of my 2nd and 4th amendment rights? Maybe get Nolo involved |
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NH, USA
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Posted: 7/21/2022 2:13:04 PM EDT
[#22]
Quote HistoryOriginally Posted By Bazmancrash: To who? Hahaha feel pretty on my own on this one. To us, for a start. I'd donate what I could for a legal defense if it comes to that. I can't donate a lot at once, but something is strictly better than nothing and I suspect I wouldn't be the only one. Contact @Striker if this appears necessary. @LawyerUp and @NoloContedere - without speaking for them, they both do 2A criminal and civil law and they might have some connections in the 2A legal community. IJ (https://ij.org/) might also be useful, especially for any potential lawsuit later, as I don't think they do criminal cases. You're in a tough spot, but it's pretty hard to get help if people don't know you need it so always make sure to ask. |
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Posted: 7/21/2022 2:27:38 PM EDT
[#23]
Quote HistoryOriginally Posted By SuperStormBryan: Shit, sorry brother. https://www.jackricelaw.com/blog/are-ghost-guns-legal-in-minnesota They're just fucking with you on the ride. Quote HistoryOriginally Posted By SuperStormBryan: Originally Posted By Bazmancrash: UPDATE 07/20/2022 I got a court date and charges in the mail. Possession of a firearm with no serial number. Fuck. Shit, sorry brother. https://www.jackricelaw.com/blog/are-ghost-guns-legal-in-minnesota They're just fucking with you on the ride. I would call this Jack Rice guy. If its not illegal under MN law to possess what you possessed, then he should be able to get rid of the charge. There have been prior false arrest cases where idiot cops use a part number as a serial number, and for some reason don't understand why this gun has appeared in so many places around the country. I don't suppose you have any video footage of the encounter? |
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MN, USA
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Posted: 7/22/2022 9:26:38 AM EDT
[#24]
Quote HistoryOriginally Posted By LawyerUp: I would call this Jack Rice guy. If its not illegal under MN law to possess what you possessed, then he should be able to get rid of the charge. There have been prior false arrest cases where idiot cops use a part number as a serial number, and for some reason don't understand why this gun has appeared in so many places around the country. I don't suppose you have any video footage of the encounter? I'm working with BK-Law Group. At the moment. Council is working on obtaining the body cam footage and the information. |
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Posted: 7/22/2022 10:02:00 AM EDT
[#25]
Sorry you are having to deal with this bull shit OP. Hair pulling frustrating that someone less educated and/or less financially capable could eat a felony conviction for this.
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Posted: 7/22/2022 10:07:46 AM EDT
[#26]
Quote HistoryOriginally Posted By Bazmancrash: I'm working with BK-Law Group. At the moment. Council is working on obtaining the body cam footage and the information. Quote HistoryOriginally Posted By Bazmancrash: Originally Posted By LawyerUp: I would call this Jack Rice guy. If its not illegal under MN law to possess what you possessed, then he should be able to get rid of the charge. There have been prior false arrest cases where idiot cops use a part number as a serial number, and for some reason don't understand why this gun has appeared in so many places around the country. I don't suppose you have any video footage of the encounter? I'm working with BK-Law Group. At the moment. Council is working on obtaining the body cam footage and the information. Great. If there's any footage and you'd be interested in blasting over the interwebs, let me know. I could probably get it out there. Whether you want to do that, and if so when that should be done, definitely ask your lawyer. |
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Posted: 7/22/2022 10:09:04 AM EDT
[#27]
Quote HistoryOriginally Posted By Bazmancrash: UPDATE 07/20/2022 I got a court date and charges in the mail. Possession of a firearm with no serial number. Fuck. Do you have any guns that were made prior to 1968?.. because they may not LEGALLY have serial numbers either. |
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Posted: 7/22/2022 10:16:03 AM EDT
[#28]
Jeez, this is exactly the sort of ignorant behavior that makes all cops look like idiots. Sounds like the DA has a severe case of mental inability as well.
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MN, USA
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Posted: 7/22/2022 10:31:45 AM EDT
[#29]
Quote HistoryOriginally Posted By LawyerUp: Great. If there's any footage and you'd be interested in blasting over the interwebs, let me know. I could probably get it out there. Whether you want to do that, and if so when that should be done, definitely ask your lawyer. Hahaha I hope there's footage of a circle jerk at the station of them trying to figure out the qd on a x300u and trying to figure out where the serial # is. So on this frame I do have a internal cut/mark I made if I ever had to identify it. Only my lawyer and I know of this at the moment. |
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Posted: 7/22/2022 11:01:11 AM EDT
[#30]
Quote HistoryOriginally Posted By Bazmancrash: Only my lawyer and I know of this at the moment. |
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Posted: 7/22/2022 11:04:38 AM EDT
[#31]
Quote HistoryOriginally Posted By Shoresy: Sounds like the DA has a severe case of mental inability as well. If you were arrested, I hope you hit them with a wrongful arrest civil suit as well. That's a pretty big payday. Ask the judge to order expungement at the conclusion of this criminal case, so they won't have that to offer during any subsequent civil case against them. |
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MN, USA
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Posted: 7/22/2022 2:11:56 PM EDT
[#32]
Quote HistoryOriginally Posted By KitBuilder: Not anymore. Did your lawyer tell you to post this on the internet? No but seeing they had to ask me what kind of gun it was, couldn't even recognize a Glock clone, I'd say it's safe to say they won't find it. |
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Posted: 7/22/2022 4:41:50 PM EDT
[#33]
I would definitely accuse the officer of lying to the court. Because it’s either that or stupidity and he needs to explain which.
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Posted: 7/22/2022 4:51:56 PM EDT
[#34]
Is a suit for the civil rights violation prudent?
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Posted: 7/22/2022 8:40:49 PM EDT
[#35]
So guy is so inept at his job he can’t recognize a model # vs a serial number yet was able to match that to another absolute tard who did the same thing at a crime scene in a state OP has never even been to…
Sounds like you need to lawyer up bc there’s going to be a duck load of stupid headed your way OP. |
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Posted: 7/22/2022 8:41:49 PM EDT
[#36]
Quote HistoryOriginally Posted By BGENE:  Barny Fife level Police work. Real criminals run unencumbered. This for sure. x100,87 |
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MN, USA
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Posted: 7/23/2022 8:01:45 PM EDT
[#37]
Quote HistoryOriginally Posted By Karankawa: Is a suit for the civil rights violation prudent? I believe so, I feel like this is all BS and its putting a large financial strain on my family. 4 kids at home and I am the only source of income. |
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Posted: 7/23/2022 10:21:52 PM EDT
[#38]
Best wishes and good luck, Bazmancrash.
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Posted: 7/26/2022 9:59:27 AM EDT
[Last Edit: 11b4v]
[#39]
I have a cop buddy from the Dept I retired from swear out a warrant on a gal without doing enough due diligence on a minor crime; her/ her attorney walked with 70k.
Get your attorney to post your bond, take a few days vacation leave from work to cover your in/out of jail. |
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MT, USA
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Posted: 7/30/2022 4:39:05 PM EDT
[#40]
Any new updates?
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TX, USA
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Posted: 7/30/2022 5:00:24 PM EDT
[#41]
Damn, I’m convinced NWA and Ice T were on to something.
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MN, USA
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Posted: 8/1/2022 2:53:22 PM EDT
[#42]
Quote HistoryOriginally Posted By spyderboy03: Any new updates? Yeah I have a damn court date 5 weeks out. Was supposed to start a new job out of state and move but now I had to withdraw that which blows. I spent 13,000.00 on a lawyer so I'm hoping this pays off. I think I'm going to go to the next city council meeting and request the City to notify all residents that any 80% non serialized firearms and any firearm manufacturered prior to 1968 that doesn't have a serial number is illegal. All of it is federally legal but it is illegal here according to the police department. Lol Still have my CCL, no one has come by to search my house or collect any pieces of my collection which is very vast. And also I am court ordered to not possess and firearms or dangerous weapons, I have a old ass lady judge sooo.... |
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MN, USA
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Posted: 8/1/2022 3:26:34 PM EDT
[#43]
Here's the piece if anyone was wondering hahahaha
  
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Posted: 8/1/2022 3:27:55 PM EDT
[#44]
Wow, this is just absurd. Tagged for outcome and hope OP gets a payoff for the BS he got dragged into (but probably won't, because gubment).
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USA
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Posted: 8/1/2022 3:36:46 PM EDT
[#45]
Quote HistoryOriginally Posted By PewPewPew1212: So guy is so inept at his job he can’t recognize a model # vs a serial number yet was able to match that to another absolute tard who did the same thing at a crime scene in a state OP has never even been to… Sounds like you need to lawyer up bc there’s going to be a duck load of stupid headed your way OP. Weak minds think alike. |
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TX, USA
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Posted: 8/1/2022 3:42:48 PM EDT
[#46]
Quote HistoryOriginally Posted By Bazmancrash: Yeah I have a damn court date 5 weeks out. Was supposed to start a new job out of state and move but now I had to withdraw that which blows. I spent 13,000.00 on a lawyer so I'm hoping this pays off. I think I'm going to go to the next city council meeting and request the City to notify all residents that any 80% non serialized firearms and any firearm manufacturered prior to 1968 that doesn't have a serial number is illegal. All of it is federally legal but it is illegal here according to the police department. Lol Still have my CCL, no one has come by to search my house or collect any pieces of my collection which is very vast. And also I am court ordered to not possess and firearms or dangerous weapons, I have a old ass lady judge sooo.... Your attorney say anything about the law regarding this? |
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Posted: 8/1/2022 3:52:45 PM EDT
[#47]
This is why the state should be required to reimburse people they mistakenly accuse of crimes.
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VA, USA
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Posted: 8/1/2022 4:18:09 PM EDT
[#48]
Quote HistoryOriginally Posted By Bazmancrash: Yeah I have a damn court date 5 weeks out. Was supposed to start a new job out of state and move but now I had to withdraw that which blows. I spent 13,000.00 on a lawyer so I'm hoping this pays off. I think I'm going to go to the next city council meeting and request the City to notify all residents that any 80% non serialized firearms and any firearm manufacturered prior to 1968 that doesn't have a serial number is illegal. All of it is federally legal but it is illegal here according to the police department. Lol Still have my CCL, no one has come by to search my house or collect any pieces of my collection which is very vast. And also I am court ordered to not possess and firearms or dangerous weapons, I have a old ass lady judge sooo.... This is F'd up |
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USA
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Posted: 8/1/2022 4:22:31 PM EDT
[Last Edit: tktm2001]
[#49]
@Bazmancrash Have you contacted the Minnesota Gun Owners Caucus?
Seems like they would want to hear about your situation: https://gunowners.mn/our-programs/legal-action/ "REPORTING AN INFRINGEMENT Are you aware of a governmental entity that is infringing upon your Second Amendment rights? Contact us right away. We’ll follow up with you within a few days and may choose to take further action if warranted. [email protected] " |
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Posted: 8/1/2022 4:42:23 PM EDT
[#50]
 Someone needs to tell him the august ruling isn't in effect yet. |
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