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Buckeye Reporter

Sunday, December 22, 2024

Eighth Circuit panel rules Minnesota young-adult carry ban unconstitutional

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Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

A three-judge panel in the U.S. Court of Appeals for the Eighth Circuit has issued a unanimous 27-page ruling declaring Minnesota’s ban on concealed carry by young adults unconstitutional under the Second Amendment. This decision marks a victory for the Second Amendment Foundation (SAF) and its partners.

The lawsuit, Worth v. Jacobson, includes SAF, the Firearms Policy Coalition, Minnesota Gun Owners Caucus, and four individuals—Austin Dye, Alex Anderson, Joe Knudsen, and Kristin Worth. Legal representation was provided by attorneys Blair W. Nelson in Bemidji, Minnesota; and David H. Thompson, Peter A. Patterson, and William V. Bergstrom at Cooper & Kirk in Washington, D.C.

Circuit Judge Duane Benton emphasized that “the right to keep and bear arms ‘is not a right granted by the Constitution.’” He added that “the Second Amendment’s plain text does not have an age limit,” asserting that law-abiding 18 to 20-year-old Minnesotans are members of "the people" covered by this amendment.

Judge Benton concluded that “Minnesota has not met its burden to proffer sufficient evidence,” stating that “The Carry Ban ... violates the Second Amendment as applied to Minnesota through the Fourteenth Amendment.”

Alan M. Gottlieb, SAF founder and executive vice president commented on the ruling: “This is a significant victory for the rights of young adults.” He further noted it as part of their ongoing efforts to secure firearms freedom through litigation.

SAF executive director Adam Kraut expressed satisfaction with the decision: “We are encouraged that yet another circuit court has correctly concluded that 18-20-year-olds are part of ‘the People’ to which the Second Amendment extends.” He reiterated SAF's commitment to challenging bans affecting young adults as inconsistent with historical rights.

Republished with permission from the Second Amendment Foundation.

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