Minnesota Update: Eighth Circuit Court Strikes Down Minnesota’s Firearm Carry Age Restrictions

by Vern Evans

The U.S. Eighth Circuit Court of Appeals issued a mandate on September 20, officially shutting down the Minnesota Attorney General’s efforts to preserve the state’s ban on firearm carry for individuals aged 18 to 20. The decision follows a legal challenge backed by the Minnesota Gun Owners Caucus, the Second Amendment Foundation (SAF), and the Firearms Policy Coalition (FPC).

The challenge was brought forward by plaintiffs Kristin Worth, Austin Dye, and Axel Anderson, who argued that Minnesota’s restrictions on carrying firearms for adults under 21 violated their Second Amendment rights. In April 2023, U.S. District Court Judge Katherine Menendez ruled in favor of the plaintiffs, but delayed an injunction against the law pending appeal.

In July, a three-judge panel from the Eighth Circuit had unanimously affirmed the lower court’s ruling. Circuit Court Judge William Benton, who wrote the opinion, noted that the language of the Second Amendment does not specify an age limit. He highlighted that while the Founders included age restrictions in other areas, such as running for political office, no such limits were placed on the right to bear arms.

“In other words, the Founders considered age and knew how to set age requirements but placed no such restrictions on rights, including those protected by the Second Amendment,” Benton wrote in the decision.

Following the panel’s ruling, Minnesota sought to have the case reheard, either by the same three-judge panel or by the full bench of the Eighth Circuit. The appeals court rejected both requests in an August 21 order, effectively setting the stage for the mandate that was issued on Friday.

With the mandate now in place, Minnesota must either revise its laws to comply with the court’s decision or appeal the case to the U.S. Supreme Court. The Minnesota Attorney General’s office has not yet commented on whether it plans to pursue further legal action.

Following the mandate, the FPC celebrated the decision on social media.

“This formalizes our victory, and the ban is now officially dead,” the FPC wrote in a post. “If it wishes to continue defending its tyranny, Minnesota must take its tears to SCOTUS.”

The ruling represents a significant win for gun rights advocates in Minnesota, marking the end of a long legal battle over age-based firearm restrictions. For now, the state’s law barring 18- to 20-year-olds from carrying firearms is effectively nullified, pending any potential appeal to the nation’s highest court.

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