A Federal Judge Ignores The Bruen Decision In Minnesota

EDITORS NOTE: The Minnesota Gun Owners Caucus released the following statement to AmmoLand News: https://gunowners.mn/press-release-judge-tunheim-rules-against-mn-gun-owners-caucus-in-state-fair-case/

Activist Judges Need Not Apply
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MINNEAPOLIS, MN -(Ammoland.com)- A Minnesota Federal District judge defies the Supreme Court’s Bruen decision by applying “means-end scrutiny” and “narrow tailoring” to a case involving banning firearms at the Minnesota State Fair.

The case involved Rev. Tim Christopher, Sara Cade Hauptman, and the Minnesota Gun Owners Caucus suing the State Agriculture Society after the group chose to ban firearms at the state fair. All the plaintiffs were “pro se.” Pro se means the plaintiffs represent themselves in court instead of hiring attorneys to litigate the lawsuit. Most pro-se lawsuits fail because the plaintiffs are unfamiliar with the intricacies of civil law. It is always advisable to seek outside counsel to increase your chance of a favorable outcome.

In this case, the plaintiffs believed that the state could not ban guns on state grounds because it violates their Second Amendment rights. Ms. Hauptman and Rev. Christopher purchased tickets to the State Fair but could not attend because the pair refused to do so without their firearms. Neither is banned from carrying firearms under state or federal law. The two teamed up with Minnesota Gun Owners Caucus to challenge the State Agriculture Society and recover damages for breach of contract.

Under Bruen, the Supreme Court’s landmark decision, Justice Clarence Thomas wrote that although some places could ban guns because they are “sensitive areas,” the mere fact that people gather in a location is not enough for the area to be considered “sensitive.” A “sensitive area” would be more like a school or government building, not a fairground. This ruling would seem to give the plaintiffs the advantage since the State Agriculture Society banned firearms because of the crowds, but the judge rule as if the Bruen Decision never happened.

U.S. District Judge John Tunheim either never heard of the Bruen decision, which seems unlikely because he is a federal judge, or chose to ignore the Supreme Court’s ruling.

The judge ruled that the State Agriculture Society did not violate the plaintiff’s Constitutional rights. He says the defendants have the right to ban guns because the fairgrounds are crowded.

A federal judge ignoring a Supreme Court decision is shocking. More shockingly, Judge Tunheim used the “means-end scrutiny” and “narrow tailoring” in his decision. Both are strictly prohibited from being used in Second Amendment cases. Multiple lawsuits have been remanded to lower courts to be reconsidered because “means-end scrutiny” and “narrow tailoring” are no longer allowed to be applied to Second Amendment cases.

Judge Tunheim was appointed by Bill Clinton and had a history of ruling against Second Amendment advocates leaving many to wonder if he was an “activist judge.” The Bruen decision is written in black and white language regarding “means-end scrutiny” and “narrow tailoring.” There is no gray area in the opinion of the high court.

AmmoLand News reached out to Judge Tunheim to ask if he had read of the Bruen decision, but our calls were not returned.

AmmoLand News reached out to the Minnesota Gun Owners Caucus to inquire if there were any plans to file for a motion of reconsideration in the case because the judge’s ruling contradicts Bruen, but our emails and calls were not returned.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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grant

Always remember Boys and Girls,
“It’s not about Gun-Control,
It’s about Control”.

MICHAEL J

Our problem seems to be an unchecked system that never seems to punish those out of line. Their justice is only an illusion of holding the guilty accountable only when it’s convenient.

swmft

a judge who does what he did should be o….u…..t ….out done job and pension less

Last edited 1 month ago by swmft
Russn8r

Yes in states where they’re elected, since cop-prosecutor-prison guard lobbies dominate apptmts & elections. But feds are rarely punished except for blatant crimes like bribery, never for being arrogant, incompetent pricks, pissing on the oath & the little people. Last fed judge bounced for that was 1804. Later efforts were for blatant crimes, except one for urging secession. Of ~65 efforts (not counting a failed attempt to bulk-impeach >100 judges), <10 were convicted-removed. Most efforts ended in no action or acquittal (~”congress adjourned, effort died” etc). ~A score resigned & 1-2 died, avoiding impeachment or trial. 2/3 to convict

Last edited 1 month ago by Russn8r
MICHAELANGELO

Dumb and Stupid

hippybiker

In the 17th and 18th century, the people had an remedy for judges like this. It was call “Tar and Feathers.” It worked quite well!

Watch um

The judge should be held in contempt of court because he violated a Supreme Court Justice ruling and should be disbarred. Or at least reprimanded by the high court

Rowboat

Speaking of Supreme Court Judges- whatever happened in the supposed investigation into the Row v Wade opinion leaker ?
My best guess is that Judge Sotomeyor herself was the Leaker, since she is actively schilling for the DNC fund raising efforts. If anything, some poor intern will be scapegoated to cover her fat a$$ and will be rewarded with a position with a high power law firm, or a lower court judgeship sometime in the future….. or it will just continue to be ignored by , well, everybody.

Cooter

When our law enforcement officers and military refuse to put their life on the line anymore because of crap like this then shit will get real fast and all these anti Americans like this will get a dose of the real world they created

gregs

one of the reasons i moved out of that state. the state is great, so are the citizens, but the government/political class and unions makes it a terrible place.

Boom

…these great citizens that allegedly voted the mOslim ‘woman’ in office…………

WeWereWarned

They are not great Citizens, they are great subjects. The left pushes to destroy the Constitution and the culture that created it, and the conservatives use greed or religion to justify them going along with tyranny by law.
Those great Citizens of both parties in that territory, since states value the Constitution, made it to where I have the right to marry a dude there, but a socialist cop would try to hurt me for exercising my right to carry and use my gun to protect my wife and children. Nothing great about that.

Last edited 1 month ago by WeWereWarned
nrringlee

Federal judges serve while in ‘good behavior.’ We need to more clearly define that term in relation to both competence in applying law and in respect for both enumerated rights and standing court decisions by higher courts. When judges or justices disregard either they need to be sanctioned. If it becomes a pattern they need to be impeached. The 9th Circuit Court of Appeals is the most overturned of all of our circuits. It is time for accountability.

Henry Bowman

I believe if you read the writings of the nation’s founders, you will see that the phrase ‘good behavior’ is synonymous with what today we call ‘strict scrutiny’ or (I apologize for the stilted language:) ‘not being an activist judge’. All of these leftist activist judges ought to be impeached and prosecuted for committing perjury (knowingly taking their constitutional Oath in bad faith) and by so doing, depriving citizens of their rights under color of the law.

swmft

which is a title 18 242 offense , but useless corrupt leos

john

Here come the judge Yes he is the last word in a courtroom that he controls that is how the law works even when that judge knows he is way out of line. That is the power that comes with the title, the abuse. Taking this to a higher court will cost money time and resources that is what the judge is counting on. Even if this went to the supreme court on this judge’s ruling nothing happens to a politically appointed liberal judge. This Judge is there to do the dirty work of those who placed him on the… Read more »

swmft

hope he meets up wit one of the woke prosecutors car jackers and gets his just

SEMPAI

The same state, the same people that put Ilhan Omar in office? Y’all sound surprised.

Choogie

Yes I understand SEMPAI but people are getting sick of this crap! I know, most of Virginia is a really good state and some how the dimwits had taken control and still do to some extent but WE VOTED and we are now RED again. Like I said. People are getting sick of communist rule. VOTE THEM OUT !!! We have a long way to go but we are making a difference! Godly people don’t vote for crooks but they do make mistakes. Say a prayer,vote and lets change the system back to what it use to be.

SEMPAI

Working on the Atlantic coast pipeline from 2010 to 2019 from NY to NC there was only ONE state where we had protesters with news crews surrounding our truck daily when we came out of the woods. I’ll letcha guess which one, and it wasn’t WV. It was the Commonwealth of Virginia, the only thing I found good there was the Great Dismal Swamp.

Cruiser

What do you do when the “LAW” becomes lawless?

Henry Bowman

Do Not Comply.

ashort

I know this comment will seem a little off topic but it has it’s place in all corruption weather it be political or judicial. If there were such a thing as “WE THE PEOPLE” then our rights would stop being violated by government entities. The Supreme Courts and the government has no fear when it comes to “WE THE PEOPLE” it is just a useless phrase wrote on a U.S. document, as the political government sees it. since the Constitution was written, there has never Been a show of “WE THE PEOPLE” and the government has been testing us by… Read more »

WeWereWarned

We the people swacked the government and it supporters during prohibition and that was the last time. The government and its supporters used religion to try and harm Liberty, exactly like we were warned by the Founders. Those who valued Liberty broke the law and used the 2nd amendment protected automatic weapons to say no to the socialist enforcers, and the law was repealed. Then, the older folks were dosed with propaganda and said hold my beer, and traded our Liberty for the false security of a self interested government. The government propaganda over 1934 gun infringement was to protect… Read more »

Rowboat

Only if it is enforced, which, apparently in Minnesota, it’s not .

2gats

At what point does the supreme court put it’s foot down?

Xaun Loc

What makes you think that the Supreme Court has any “foot” to put down? The simple fact is that the Supreme Court has no actual power to enforce any of its decisions. The entire judicial system relies on compliance, but the only enforcement capability belongs to the Executive Branch of government, not the Judicial Branch. The system worked for 221 years because the other two branches of government have been willing to accept the authority of the Judicial Branch as part of the system of “Checks and Balances” created in the Constitution. We are witnessing the collapse of that system… Read more »

Rowboat

And the judge said, as he raises his middle finger “ eat shit and die , what the hell are you Conservatives gonna do ? Cry ?
And the good little sheep of Minnesota will do nothing except vote for more of the same .

Choogie

Maybe Rowboat. Lets hope that the good citizens of Minnesota are learning just like the rest of us are. Judges can be removed from the bench. Its true, the wheels of justice are slow but they do work when we get rid of the crooked corrupt no good politicians that stand against us law abiding citizens. Get rid of them and the judges and lets get back to being a civil country again. GOOD PEOPLE DON’T FORGET TO VOTE. It is most important that we all Vote and never more than ONCE. The Crooks need to be kicked out of… Read more »

TargetAssassin

The thing is, our forefathers understood modern life far better than any of the communists currently in office in D.C. They understood change is inevitable. The current administration and their lapdogs in Congress are not Democrats, they are communists plain and simple. That’s the reason they despise the Constitution. It gives them virtually no power.

loveaduck

You meant “secession”, right?

TargetAssassin

And when they do, the defiant federal judge needs to be arrested, tried, and convicted of breaking the law by ignoring a Supreme Court Ruling. And subsequently put in PRISON, for committing a felony.

AZ Lefty

Perhaps you should read Bruen, since it is not about restricted areas

swmft

im guessing you did not read majority opinion…it does touch on the subject pretty hard

swmft

or is it you wont read what you dont want to see

Watch um

I have come to believe all democrats are blind in one eye and can’t see out of the other

swmft

they all seam to have a high degree of stupid in them

Terry

It’s pretty hard to read when your head is permanently up your ass.