The Brief
The Minnesota Supreme Court has ruled the state law that bans possession of an unserialized firearm does not apply if you have a gun that’s not federally required to have a serial number.
Ghost guns are firearms without serial numbers, often built from kits or with 3D printers.
The FOX 9 Investigators previously reported how more Minnesotans were being criminally charged under state law in recent years, in an effort to target gun violence.
MINNEAPOLIS (FOX 9) - In a split decision, the Minnesota Supreme Court ruled on Wednesday that it is not a crime under state law to possess a ghost gun without a serial number in most cases.
Ghost guns debated in Minnesota Supreme Court
What we know
The court ruled the state law that prohibits the possession of an unserialized firearm does not apply if the gun is not federally required to have a serial number, which includes most ghost guns and heirloom firearms.
The backstory
The case stems from a rollover-crash in Anoka County where troopers discovered the driver Logan Vagle with a ghost gun. He was criminally charged under the state statute that prohibits the possession of a firearm without a serial number.
The case was appealed and eventually argued before the Minnesota Supreme Court.
Prosecutors argued the language of Minnesota’s law was clear and that "anyone who receives or possesses a firearm that is not identified by a serial number is guilty of a crime."
But Vagle’s attorney, Anders Erickson, has argued that under federal law "there’s no requirement" for a privately made firearm to need a serial number. He also warned against a broad interpretation of the law and how it would affect those who owned heirloom guns that did not have serial numbers.
On Wednesday, the court ruled "because federal law does not require a serial number on the firearm that Vagle possessed, we reverse."
The opinion also discussed the lack of legislative action on ghost guns.
"Personally manufactured firearms that are not required to have serial numbers pose real dangers to public safety and the proper regulation of such weapons is an important and complex public policy issue," the ruling said. "Many states have regulated ghost guns through the legislative process, yet Minnesota has not acted."
Dig deeper
The FOX 9 Investigators previously reported on how more Minnesotans had been criminally charged under the state law in recent years, in an effort to target gun violence.
The Source
This story uses information from a ruling in the Minnesota Supreme Court and previous FOX 9 reporting.
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