Fate of gun control, pot and Social Security tax uncertain in state Senate

Minnesota Senate Democrats have held their one-seat majority together to pass major policy bills that codified abortion rights, restored felons' voting rights and allowed unauthorized immigrants to obtain driver's licenses.

But their united caucus could fracture in the second half of the legislative session on a trio of marquee issues: gun control, marijuana legalization and whether to eliminate Minnesota's tax on Social Security benefits. Several Democratic senators shared differing positions on those issues in interviews with the Star Tribune.

With just a 34-33 majority, a single DFL defector could tank a bill.

"There's a sense the DFL train is running everything, and that's not reality at all," said state Sen. Aric Putnam, a St. Cloud Democrat who's sponsoring the Social Security tax elimination and marijuana bills. "Everything's complicated. It's going to be a long conversation. It's going to be a conversation for the whole session."

In the House, Democrats hold a six-seat majority and have the advantage of experience because they've been in control since 2019. They passed gun control and marijuana legalization bills in recent years only to have them blocked by the previously GOP-led Senate.

Senate Democrats, who regained power in November for the first time since 2016, are still figuring out where members of their caucus stand on certain issues. Party lines are blurrier than many presume them to be, especially among legislators and constituents in greater Minnesota.

Three freshman DFL senators — Robert Kupec of Moorhead, Grant Hauschild of Hermantown and Judy Seeberger of Afton — all said they have concerns with certain gun control bills.

The three main gun bills being considered would expand criminal background checks to cover most private firearm transfers, create a "red-flag law" allowing authorities to temporarily take guns away from people deemed dangerous and require gun owners to store their firearms unloaded and separately from their ammunition.

Kupec said he has issues with all the gun bills but declined to discuss his specific positions, citing ongoing negotiations. He said he can envision himself voting for new restrictions with the right bill, but added: "I don't know if we're going to get there or not."

Hauschild and Seeberger both expressed concern about the firearm storage bill, saying they oppose requiring gun owners to store their guns and ammunition separately.

Seeberger said Democrats need to strike the right balance between addressing gun violence and respecting Second Amendment rights.

Gun-rights advocates have already singled out Hauschild with radio and digital advertisements in his district, telling constituents to call him because he could potentially be the decisive vote on gun bills. "We are one vote away from extreme gun control in Minnesota," one ad said.

The first-term senator hasn't yet taken a public position on the background-check and red-flag bills, saying he's still discussing them with "constituents and sheriffs and police."

Hauschild is taking a similar approach to a bill that would legalize recreational marijuana in Minnesota, declining to say whether he would support it. "I'm still looking at it. I want to make sure that we are talking to law enforcement and figuring out some of the issues that there might be," he said.

Kupec and fellow freshman Sen. Heather Gustafson, DFL-Vadnais Heights, said they are open to marijuana legalization if the bill allows cities to enact their own regulations. Kupec said he wants to avoid the unregulated "disaster" that occurred with the state's surprise legalization of low-dose THC edibles last year.

Similarly, Seeberger said she supports legalizing and regulating marijuana for adults but wants the bill to include resources to help law enforcement identify impaired drivers.

Sen. John Hoffman, DFL-Champlin, was among the senators who hadn't explicitly said whether they'll support legalizing marijuana. He said in an interview that the marijuana bill must leave the state's current medical cannabis program intact and include resources for addiction treatment and recovery. He's willing to support the bill, he said, but only if it addresses those concerns.

The freshmen — Seeberger, Gustafson, Kupec and Hauschild — are firm on one issue: a desire to eliminate Minnesota's tax on Social Security benefits.

"That's what the people want," Seeberger said. "It gives the relief to the seniors that they're crying out for."

That stance puts the four senators at odds with DFL leadership. Senate Majority Leader Kari Dziedzic of Minneapolis and Gov. Tim Walz want to partially repeal the tax while keeping it in place for the wealthiest Minnesotans. House Speaker Melissa Hortman, DFL-Brooklyn Park, has said she's concerned about the long-term costs of a full repeal.

Republicans in the House and Senate are also pushing to fully repeal the Social Security tax. GOP Senate Minority Leader Mark Johnson said any one of the freshman DFL senators "could make the difference on whether we get that done or not."

"It's something they've promised," said Johnson, R-East Grand Forks.

Assistant Senate Majority Leader Nick Frentz, DFL-North Mankato, wouldn't disclose any details about the negotiations on the prominent bills or share his personal positions.

But he said everyone is working hard behind the scenes to reach agreement and avoid a pile-up at the end of the legislative session in May. "I would prefer to think we would manage the calendar and we'd be done in a timely fashion," Frentz said.

Putnam made a similar assessment, saying the details are being worked out by DFLers arguing behind the scenes.

"Even though we come to the floor and it looks easy, we don't have amendments, etcetera, it's because we've been screaming at each other behind closed doors for weeks," Putnam said.