Minnesota Attorney General Keith Ellison has asked a federal appeals court to reconsider a decision about a state law that bans people aged 18 to 20 from getting permits to carry guns in public.
Ellison wants the full 8th Circuit Court of Appeals to review a recent decision by a three-judge panel. This panel had agreed with a lower court that found Minnesota’s law unconstitutional. The lower court had sided with the Minnesota Gun Owners Caucus, which argued that the Second Amendment allows young adults to carry guns for self-defense.
Ellison believes the panel did not properly consider a recent U.S. Supreme Court decision that upheld a federal gun control law designed to protect domestic violence victims. He stated, “I think the court made a mistake in ruling that the Second Amendment requires Minnesota to allow open carry by young people as young as 18.”
In July, the three-judge panel referenced a 2022 U.S. Supreme Court decision that expanded gun rights. This decision had previously led U.S. District Judge Katherine Menendez to reluctantly strike down the Minnesota law in March 2023. However, she allowed the law to stay in place temporarily until the state’s appeal could be resolved.
The 2022 Supreme Court decision, known as the Bruen decision, stated that Americans have the right to carry firearms in public for self-defense. It also set a new standard for assessing gun restrictions, saying courts should consider whether these restrictions align with the nation’s historical tradition of firearm regulation.
Ellison’s petition asks for the full 8th Circuit Court to rehear the case, as many other states have similar laws. Minnesota argued that the Second Amendment shouldn’t apply to 18- to 20-year-olds, even if they’re law-abiding, because they may not make responsible decisions about guns and could be dangerous.
However, the appeals court said the Second Amendment doesn’t specify an age limit, and that young adults who are otherwise eligible for permits should be presumed to have these rights.