​Federal Court Strikes Down Age Restrictions for CCW in Minnesota

There’s big news coming from a federal court in Minnesota this week after a judge ruled that age restrictions for concealed carry permits were unconstitutional. The court came to the decision after using a new test for gun rights cases that has turned the gun control movement on its head. Here’s the full story.

Federal Judge Rules Age Restrictions for Concealed Carry Permits Unconstitutional

On July 16, 2024, the US Court of Appeals for the Eighth Circuit ruled that a Minnesota age restriction on concealed carry permits was unconstitutional. The ruling in the case (Worth v Jacobson) overturned a provision of the Minnesota Citizens’ Protection Act of 2003.

Under that law, Minnesota residents needed a concealed carry permit to carry a weapon in a public place. They could only apply for this permit if they were 21 or older. Now, anyone aged 18-21 can apply for a concealed carry permit.

The Case

The case involved three individual plaintiffs: Kristin Worth, Austin Dye, and Axel Anderson. These three people were all under 21 years old when the case was filed, and wanted to apply for a concealed carry permit.

The plaintiffs were backed by three nonprofits: the Minnesota Gun Owners Caucus, Second Amendment Foundation, and Firearms Policy Coalition (FPC).

Applying the Bruen Test

To come to the court’s decision, Judge Lavenski Smith applied a test that the Supreme Court devised in its landmark 2022 case, NYSRPA v Bruen. This case set a new standard for all firearms cases.

In the test established by Bruen, if a law affects Second Amendment rights, the court must apply “the history and tradition of firearm regulation” in the US. This means, essentially, that there needs to be some kind of analogous law in historical context.

The text of the Second Amendment states that “the right of the people to keep and bear arms shall not be infringed.” Judge Smith ruled in this case that “the people” includes individuals aged 18-21.

The Big Picture

I doubt that we’ve heard the last of this case. This is only a circuit court decision, so expect the appellant (the defendant) to appeal the decision. And since the defendants are backed by Everytown for Gun Safety and the Brady Center to Prevent Gun violence – two of the biggest gun control groups in the country – they have plenty of money to pay lawyers.

For the time being, though, this is a big win for gun rights not only in Minnesota, but nationwide. Since the court said that Minnesota’s law violated both the Second and Fourteenth Amendments, it means that gun rights activists can challenge similar laws in other states.