Federal Judge Rules Minnesota Age Limit for Gun Carry Unconstitutional
A Federal judge in Minnesota has struck down a law that prohibits adults ages 18-20 from being eligible to receive a permit to carry a firearm in public.
“Ultimately, the Court is constrained to conclude that Defendants have not met their burden to show that Minnesota’s challenged law is consistent with the nation’s founding-era history and tradition of firearm’s regulation.”
Judge Kathleen Melendez — Worth v. Harrington opinio
The law, adopted in 2003, “recognize[d] and declar[ed] that the second amendment of the United States Constitution guarantees the fundamental, individual right to keep and bear arms,” but considered statutory provisions “necessary to accomplish compelling state interests in regulation of those rights.”
The Plaintiffs, who are comprised of 18 to 20-year-olds and firearms advocacy organizations, argued that “the minimum age requirement in Minnesota’s permit-to-carry law violates their Second Amendment right to keep and bear arms.”
“Based on a careful review of the record, the court finds that defendants have failed to identify analogous regulations that show a historical tradition in America of depriving 18- to 20-year-olds the right to publicly carry a handgun for self-defense.” Judge Kathleen Melendez stated in her Worth v. Harrington opinion, “As a result, the age requirement prohibiting persons between the ages of 18 and 20 from obtaining such a permit to carry violates the Second Amendment.”
Judge Melendez’s ruling will allow adults under the age of 21 to receive a license to carry a firearm in public. Under Minnesota law, all individuals seeking a permit to carry will still need to meet all requirements under state law, including firearm safety training, a background check, and a clean criminal record.
Following Judge Melendez’s ruling, Minnesota’s Attorney General filed a motion “asking the court to delay enforcement of the order until an appeal is decided or the state has 60 days to update its processes and technology.” The chair of the Minnesota Gun Owners Caucus said that the request would likely be opposed.
