Federal appeals court strikes down Minnesota age restriction on conceal carry

Brian Todd, Post-Bulletin, Rochester, Minn.
·3 min read
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Jul. 16—ST. LOUIS — A unanimous ruling by the U.S. 8th Circuit Court of Appeals on Tuesday, July 16, 2024, gave a victory to Minnesota gun owners and Second Amendment advocates.

In the case Worth v. Jacobson, the three-judge panel ruled that Minnesota's ban on concealed carry by young adults is unconstitutional under the Second Amendment.

The ruling overturned Minnesota's ban on permits to carry for anyone under the age of 21, which has been on the books since 2003. Minnesota Statute 624.714 states a permit can be denied to persons under the age of 21. Furthermore, anyone carrying a pistol in public who does not have a permit to carry "is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony."

The lawsuit against Minnesota's ban for permits to carry for adults under 21 was brought by the Second Amendment Foundation, the Firearms Policy Coalition, Minnesota Gun Owners Caucus and four citizens: Austin Dye, Alex Anderson, Joe Knudsen and Kristin Worth, for whom the case is named.

The appeals court affirmed an earlier district court ruling that stated, the plain text of the Second Amendment covered the plaintiffs' conduct because 18- to 20-year-olds are among "the people" and that the Second Amendment presumptively guarantees plaintiffs "the right" to bear handguns in public for self-defense, the ruling on Tuesday stated.

Judge William Duane Benton, the chief justice on the 8th Circuit Court of Appeals, said, "Importantly, the Second Amendment's plain text does not have an age limit. ... Ordinary, law-abiding 18- to 20-year-old Minnesotans are unambiguously members of the people. Because the plain text of the Second Amendment covers the plaintiffs and their conduct, it is presumptively constitutionally protected."

He added, "Minnesota has not met its burden to proffer sufficient evidence. ... The Carry Ban ... violates the Second Amendment as applied to Minnesota through the Fourteenth Amendment, and, thus, is unconstitutional."

"This is a resounding victory for 18- to 20-year-old adults who wish to exercise their constitutional right to bear arms, " Bryan Strawser, chairman of the Minnesota Gun Owners Caucus, said in a press release on the organization's website.

In that same press release, Rob Doar, senior vice president & political director for the organization said, "Politicians should carefully consider the legal ramifications of infringing on Second Amendment rights. The Minnesota Gun Owners Caucus and its allies will relentlessly pursue legal action against any unconstitutional measures introduced in Minnesota."

Doar added that while there are other states that have similar bans, this decision won't impact those state bans directly because Minnesota is the only state in the 8th Circuit that has such a ban. However, he added that Tuesday's ruling could serve as both a springboard for cases in other areas of the country and could help build cases against further restrictions on permits to carry in Minnesota such as the state's $100 permit fee.