Late last week, a federal judge struck down Minnesota’s minimum age of 21 to get a permit to carry handguns in public.
In the 50-page ruling handed down on Friday, U.S. District Judge Katherine Menendez ordered Minnesota to stop enforcing the ban on 18- to 20-year-olds applying for a permit to carry a firearm. Judge Menendez ultimately sided with gun rights groups whose argument centered around the idea that the minimum age requirement violated the Second Amendment to the Constitution, which guarantees the right to bear arms.
In her ruling, Menendez cited a 2022 U.S. Supreme Court decision that stated the regulations on guns need to be weighed on whether or not they are consistent with the nation’s historical tradition of regulation, rather than public safety concerns.
“The Supreme Court’s recent decision … compels the conclusion that Minnesota’s permitting age restriction is unconstitutional,” wrote Menendez, who expressed some reservations about the U.S. Supreme Court’s decision to determine regulations based on historical context. “Judges are not historians. The process of consulting historical sources to divine the intent of those responsible for ratifying constitutional amendments is fraught with potential for error and confirmation bias.”
The challenge was brought forth by gun rights groups and three Minnesotans between the ages of 18 and 20 who wanted to obtain carry permits despite the age restriction.
Gun Laws A Hot Topic
The ruling comes at a time when Minnesota appears to be trying to take a harder stance on firearms access. Minnesota lawmakers and Governor Tim Walz have been pushing for universal background checks and “red flag” laws that would temporarily take away a person’s firearms if they are deemed a danger to themselves or others.
In order to receive a permit to carry in Minnesota, an applicant must take an approved firearms training course and apply for the permit at a local sheriff’s office. The sheriff’s office will then review the applicant’s background before deciding if a permit will be issued. The permit allows for concealed or open carrying of the firearm in areas where doing so is legally allowed.
Firearms will always be a hot button topic, and we’re here to help in the event that you run into trouble when attempting to legally carry a gun. If you need legal assistance for a firearm-related criminal matter or any other legal issue in Minnesota, be sure to reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
