Laws that prevent people from carrying an AK-47 in public are constitutional.
That's what U.S. District Judge John Tunheim ruled in a case involving a St. Cloud man who was cited for carrying a loaded AK-47 rifle on his back while walking around the city.
Tyler Gottwalt, who has a permit to carry, was cited in November 2014 for violating the city's ordinance that prohibits carrying a gun in public. The case against him was eventually dismissed.
In April 2016, Gottwalt sued the city and three officers claiming his constitutional rights were violated when he was falsely arrested, and he alleged the City of St. Cloud ordinance is "overly broad" and makes it unlawful for someone to carry a gun within the city, which violates the 2nd Amendment.
Gottwalt's lawsuit sought $75,000, plus other fees.
In his opinion, Tunheim said Minnesota law doesn't allow a person to carry a military-style assault weapon – like an AK-47 – in public, regardless if they have a permit to carry
The judge also ruled that laws preventing someone from carrying an AK-47 in public are not unconstitutional, noting Gottwalt didn't prove that he needed the gun for self defense.