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Minnesota Court Rules Adults Under 21 Can Legally Carry Guns

Federal Appeals Court Rules Minnesota's Handgun Permit Age Requirement Unconstitutional

A federal appeals court has ruled that a Minnesota law requiring individuals to be at least 21 years old to obtain a permit to carry a handgun in public for self-defense is unconstitutional. The decision, delivered on Tuesday, found that the state's ban violated the Second Amendment rights of 18- to 20-year-olds to keep and bear arms.

The St. Louis-based 8th U.S. Circuit Court of Appeals sided with gun rights groups, including the Second Amendment Foundation, the Firearms Policy Coalition, and the Minnesota Gun Owners Caucus, who had sued the state alongside some of their members. The ruling upholds a lower-court decision from last year that favored these gun rights advocates.

Writing for a panel of three judges, all appointed by Republican presidents, U.S. Circuit Judge Duane Benton cited recent U.S. Supreme Court rulings that have expanded gun rights. He emphasized that the Second Amendment's plain text does not impose an age limit. "Importantly, the Second Amendment's plain text does not have an age limit," Benton wrote.

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The panel's decision referenced the landmark 2022 Supreme Court case New York State Rifle & Pistol Association v. Bruen. That ruling established a new standard for evaluating firearms laws, asserting that any restrictions must align with the nation's historical tradition of firearm regulation.

Judge Benton also cited a more recent Supreme Court decision in United States v. Rahimi, which clarified the standard set in Bruen. The Rahimi ruling upheld a federal ban on firearm possession by individuals under domestic violence restraining orders, noting that modern firearms restrictions did not need a "historical twin" law. However, Benton noted that while regulations disarming individuals posing credible threats to others' safety could be justified, Minnesota had not demonstrated why 18- to 20-year-olds represented a specific risk that warranted the age-based restriction.

The ruling has significant implications for gun control laws, as similar lawsuits challenging age-based firearm restrictions are pending in other states, including Georgia, Illinois, and Pennsylvania. Gun rights groups are likely to view this decision as a victory and a precedent for future cases.

The Minnesota law in question, enacted in 2003, had faced increasing scrutiny under the evolving legal landscape shaped by recent Supreme Court decisions. The ruling by the 8th U.S. Circuit Court of Appeals now adds to the ongoing debate over the balance between public safety and individual gun rights.

A spokesperson for Minnesota Attorney General Keith Ellison, a Democrat whose office defended the law, did not respond to requests for comment on the ruling.

As the nation continues to grapple with gun control issues, this decision underscores the complex legal and constitutional challenges involved in regulating firearm possession and the enduring influence of the Second Amendment in shaping such laws. The full impact of the ruling will unfold as other courts address similar challenges and as legislative bodies consider how to navigate the precedents set by these decisions.

July 17, 2024 11:41 a.m. 633

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