OPINION

Openly carrying AK-47 raises many questions

Man had the right to do what he did. But there was no good reason to do it. Unless, of course, you define "good" as needlessly intimidating fellow citizens followed by the filing of needless lawsuits.

Times Editorial Board
An AK-47 rifle with ammunition.
  • Why did state elected officials approve gun laws that allow open carry of loaded firearms in public?
  • Concealed carry, not open carry, is the most responsible and safest approach

Back in November of 2014, when Tyler Gottwalt walked near the Sauk Rapids bridge openly carrying a loaded AK-47 rifle, he sparked plenty of questions.

One, though, was not whether he was breaking the law. He was not. He had the state permit required to carry such a firearm in such a manner.

Still, the St. Cloud Police Department, acting on the advice of the city attorney, arrested him and cited him for violating a city ordinance that bans carrying an uncased firearm in public. Because Gottwalt had the needed permit and because city ordinances cannot be stricter than state laws, a judge dismissed the case.

End of story? Not in today's litigious, gun-aware society.

Man sues St. Cloud over gun ordinance

As a Times news report noted May 5, Gottwalt is suing St. Cloud and three police officers, claiming false arrest, illegal imprisonment, malicious prosecution, violation of his Second Amendment rights and that St. Cloud's gun law is unconstitutional.

Let's be honest. Gottwalt should have been carrying a fishing pole, not a rifle, because he was trolling.

Again, yes, he had the right to do what he did. But there was no good reason to do it. Unless, of course, you define "good" as needlessly intimidating fellow citizens followed by the filing of needless lawsuits.

It would be interesting to hear Gottwalt explain his actions. That said, now that Gottwalt has put this issue in the spotlight, Minnesotans should push their elected officials to get some answers to the many questions he has raised.

Why open carry?

Topping that list: Why did state elected officials approve and continue to accept gun laws that allow open carry of loaded firearms in public places?

Please note this board does not oppose the philosophy underpinning Minnesota's permit to carry. However, what is the justification to allow people with the required permits to openly carry any kind of loaded firearm in any public place?

A check of other states' carry laws, multiple gun-rights organizations' websites and even businesses that teach what's needed to get a permit all point to concealed carry, not open carry, being the most responsible and safest approach. Why? As many of those entities note, seeing a person openly carrying a gun, especially an assault-style rifle, is alarming.

So why does Minnesota allow open carry? Especially for assault-style rifles?

What's required?

Another aspect Gottwalt's case raises involves the state's requirements on educating people seeking to get their permit to carry.

Here are instructor requirements from the Minnesota Bureau of Criminal Apprehension:

  • Instruction in the fundamentals of pistol use including mechanical knowledge of handguns and safe practices in shooting, loading, unloading, clearing firearm malfunctions, safe storage and firearm care
  • Successful completion of an actual shooting qualification exercise and the ability to evaluate shooting proficiency and safe weapon skills of students in a practical firearm shooting exercise
  • Instruction in the legal aspects of pistol possession, carry, and use, including self-defense and the restrictions on the use of deadly force. This should also include the psychological and physiological effects of a violent threat encounter and simple weapon retention techniques
  • Instruction on how to maintain records of students seeking a permit to carry a firearm.

Notice multiple references to pistols but nothing about long guns. Again, specifically note: "Instruction in the legal aspects of pistol possession, carry, and use..."

If nothing else, Gottwalt's case should inspire the state to review not only why it allows open carry law, but what it requires instructors to teach about that aspect of the law.