A three-year legal nightmare is finally over for Matthew Walker Anderson after the charges for owning two privately made firearms (PMF) without serial numbers were dropped by the state.
In May 2022, Mr. Anderson was target shooting with a friend on private property in Sherburne County, Minnesota. A neighbor who lived a half mile away heard the shooting and called the Sherburne County Sheriff’s Department. A deputy from the SCSD responded to investigate the complaint of gunshots. They approached Anderson and his friend. The two men invited the deputies onto the property to check out the range because they were confident that they were not breaking any laws.
After the deputy determined that the range was safe and no laws were being broken, they asked to see the firearms. Mr. Anderson, knowing the law, knew his guns were legal under state and federal law. The deputy noticed that the firearms didn’t have serial numbers. Mr. Anderson explained that they were PMFs and did not require serialization. The deputy disagreed, and later Anderson would be arraigned on two separate felony charges for each firearm for violating Minnesota’s law on the serialization of guns. The state law makes it illegal for someone to remove or alter the serial number of a firearm. The two PMFs in question never had a serial number to remove or alter.
Minnesota State law doesn’t require serial numbers for so-called “ghost guns.” The law is similar to the federal law for serialization. In fact, the state statute references both the Gun Control Act of 1968 (GCA) and the National Firearms Act of 1934 (NFA).
This makes it clear that the serialization requirement only applies to guns that are required to have a serial number under federal law, and PMFs do not. The state spent three years arguing that the law does apply to PMFs.
While going through legal hell and uncertainty, another case, State of Minnesota v. Vagle, made it to the Minnesota State Supreme Court. That case dealt with criminal charges for having a gun with no serial number that was homemade. Mr. Vagle lost at the District Court and Appeals Court level, but the State Supreme Court ruled that the serialization law doesn’t apply to any firearm that doesn’t have a federal requirement for a serial number. The reason for the decision is the state statute referencing federal law.
Because of the Minnesota State Supreme Court decision in Minnesota v. Vagle, the state decided to dismiss the case, knowing now a conviction would be impossible. Mr. Anderson can now rest without a proverbial Sword of Damocles hanging over his head. The Minnesotan and law-abiding citizen can finally build back his life.
“All I have to say is I am so happy this nightmare is over,” said Walker Anderson’s mom, Sara Forgues. “It doesn’t seem real. He had an incredible team working on his case. From his lawyer, Blair Nelson, to the MN Gun Owners Caucus, who spent the last three years working on this, taking my calls, talking me off the ledge, supporting Walker and our family. And I am so grateful for people like you, who have taken the time these past two years to speak about his case. It’s how we knew we weren’t alone in this battle. He’s a good kid. With a big heart, who can finally start living his life and planning for his future. In so many ways, his life was on hold.”
Although the legal case is over, it has left Mr. Anderson and his family with massive legal fees. To help with the legal fees, his mother has set up a GiveSendGo.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
