Appeals Court Upholds Order Striking Down Minnesota’s 18-20 Gun Carry Ban

Last updated on September 21st, 2024 at 12:48 pm

The U.S. Eighth Circuit Court of Appeals, issued a mandate on Sept. 20, shutting off efforts by the Minnesota Attorney General’s office to preserve Minnesota’s law banning firearm carry for those between the ages of 18 and 20 years old.

The Minnesota Gun Owners Caucus, the Second Amendment Foundation, and the Firearms Policy Coalition (FPC) backed individual plaintiffs Kristin Worth, Austin Dye, Axel Anderson, seeking to challenge the age restrictions in the Minnesota carry laws. 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.

The new mandate comes after a three-judge panel on the appeals court ruled unanimously affirmed the lower court’s decision. Writing the unanimous opinion in July, Circuit Court Judge William Benton noted the language of the Second Amendment does not specify any age limit. He further the drafters of the U.S. Constitution had considered age limits in other matters, like 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.

Minnesota again appealed, requesting the panel rehear the case, or allow reconsideration before the full en banc panel of the Eighth Circuit. The appeals court rejected both of the states requests in an Aug. 21 order.

In the appellate court setting, a mandate finalizes an appellate court’s decision. Friday’s effectively forces Minnesota to either abandon the firearm carry age limits or try their luck before the U.S. Supreme Court.

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

The Minnesota Attorney General’s office has yet to comment on the decision.