Appeals Court Rules Against Minnesota’s Concealed Carry Ban for Adults Under 21

Last updated on August 7th, 2024 at 04:27 pm

A three-judge panel on the U.S. Eighth Circuit Court of Appeals has upheld a lower court’s decision declaring Minnesota’s ban on firearm concealed carry for those under 21 to be unconstitutional.

A group of adult plaintiffs under the age of 21 first began challenging the Minnesota law in a 2021 lawsuit. Those individual plaintiffs were Kristin Worth, Austin Dye, Axel Anderson. The Minnesota Gun Owners Caucus, the Second Amendment Foundation, and the Firearms Policy Coalition supported their lawsuit.

These plaintiffs argued Minnesota’s concealed carry restrictions violate the Second Amendment of the U.S. Constitution. They insisted this Second Amendment right to keep and bear arms extends to adults between the age of 18 and 21.

In an April 2023 decision, Judge Katherine Menendez of the U.S. District Court for Minnesota ruled the plaintiffs were in the right, but stayed an injunction against the state law pending an appeal.

In a unanimous decision on Tuesday, July 16, the three federal appeals court judges concluded, “Minnesota has not met its burden to proffer sufficient evidence to rebut the presumption that 18 to 20-year-olds seeking to carry handguns in public for self-defense are protected by the right to keep and bear arms.”

Writing the unanimous opinion, Circuit Court Judge William Benton noted the language of the Second Amendment does not specify any age limit. He noted the drafters of the U.S. Constitution had imposed age limits for running for office.

“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 a press statement, the Minnesota Gun Owners Caucus said the appeal’s court decision “immediately enjoins Minnesota governmental entities” from enforcing its carry ban on 18 to 21-year-olds.

The ruling now leaves it to Minnesota Attorney General Keith Ellison to decide whether to appeal for an en banc decision before the entire Eighth Circuit Court of Appeals, to take the case up to the U.S. Supreme Court for consideration, or to abandon the legal fight over the Minnesota concealed carry law.

Several states have adopted laws imposing age restrictions for firearms purchases and public carry. Gun rights activists and gun control proponents have battled in the courts over the legality of these age restrictions.

“We look forward to continuing our successful work to create maximal liberty throughout the United States,” Firearms Policy Coalition president Brandon Combs said following the Tuesday decision.