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Open Letter to the Edina City Council

Legal Authority for This Request

This letter is submitted under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, Section 13.03 Subdivision 3. This statute requires government entities to state whether requested public data exists and, if it exists, to provide access to it or explain why it cannot be released.

This letter also references Minnesota Statutes Section 471.633. This statute establishes state level preemption over all firearm related regulation. It prohibits municipalities from regulating firearms, ammunition, or their possession or carrying. That authority is reserved exclusively for the Minnesota Legislature.

To the Members of the Edina City Council,

My name is John Davey. I am a Minnesota firearms instructor, a business owner, and a private citizen who respects the rule of law. I am writing because recent discussions by the Council regarding firearm related restrictions appear to be moving toward an area where the City does not have legal authority to act. This is not a political message. This is a matter of statutory compliance, good governance, and public accountability.

Minnesota law is clear. Cities do not have the authority to create or enforce firearm regulations. That authority belongs solely to the Legislature. Before a city proposes or advances any policy related to firearms, it must verify its legal standing. That verification requires documentation. It requires legal review. It requires internal communication that reflects a clear understanding of state preemption.

Because of this, I am formally requesting answers to the following questions and requesting copies of any public data related to them. If the requested data exists, the Minnesota Government Data Practices Act requires the City to state that it exists and provide it. If the requested data does not exist, the Act requires the City to state that it does not exist.

  1. Did any member of the Edina City Council ask about Minnesota state preemption before proposing or supporting any firearm related discussion or draft language.
  2. Did the Council receive a written legal opinion from the City Attorney regarding the legality of any firearm related proposal.
  3. If a written legal opinion exists, I request a copy of it.
  4. If no written opinion exists, I request the date and manner in which legal guidance was provided to the Council.
  5. What statutory authority did the Council believe it had when discussing firearm related regulation.
  6. Did the Council consult the Minnesota Department of Public Safety, the Bureau of Criminal Apprehension, or any state level authority before proceeding with discussion.
  7. What liability analysis was performed regarding financial risk to the City if Edina attempted to enforce any firearm related restriction later found to be unlawful.
  8. If a liability analysis exists, I request a copy of it.
  9. Who authored or introduced any firearm related language that has been discussed, and what outside organizations or advocacy groups contributed to that language.
  10. Were any emails, memos, or internal communications exchanged regarding concerns about state preemption. If they exist, I request copies of them.

If these documents do not exist, then the public deserves to know exactly what that means. It means the Edina City Council entered or advanced firearm related discussion while dangling from one finger off the edge of a legal cliff, without statutory authority and without formal legal review. That is not responsible governance. That is a failure of process and duty.

For clarity, I am not requesting these documents in pursuit of litigation. I am requesting them because the people of Edina have the right to know whether their City Council has acted, or is preparing to act, inside or outside the boundaries of state law. If the requested data does not exist, that absence provides the answer.

Moving forward with any firearm related restriction would place the City in direct conflict with Minnesota Statutes Section 471.633. The consequences of such an action would fall squarely on the City and its taxpayers. That includes legal fees, settlements, court orders, and public scrutiny. This is not speculation. This is the documented history of municipalities that have attempted to regulate firearms in defiance of state preemption.

I am requesting a written response to this letter from the City Clerk or other authorized representative. I am also requesting that the Council publicly clarify its position and confirm that it will operate within the limits of state law. Anything less is a breach of trust in the eyes of the residents you serve.

I will post this letter publicly so the people of Edina can see exactly what was requested and how their City Council responded. Transparency is not optional. It is the foundation of public trust.

Respectfully,
John Davey
Minnesota Firearms Instructor
Business Owner
Citizen