Eighth Circuit Restores Second Amendment Rights for Young Adults

AmmoLand ^ | July 31, 2024 | Dean Weingarten

[marktwain]

A three-judge panel in the United States Court of Appeals for the Eighth Circuit has unanimously struck down a Minnesota law that forbids the exercise of rights protected by the Second Amendment for people over 18 but less than 21 years old. The decision is a significant victory in the ongoing process of restoring rights protected by the Second Amendment. Multiple infringements have piled up over the last century.

The particular infringements on the right to bear arms in Minnesota started in 1975. In 1975, the Minnesota legislature passed a sweeping gun control law that forbid anyone from carrying handguns in most circumstances. There were exceptions for carrying on your own land or home, for carrying while hunting, and for those who could convince a law enforcement official to issue them a permit to carry. The 1975 statute generally forbids people who were under the age of 18 from possessing or carrying handguns.

In 2003, as part of the push to restore rights protected by the Second Amendment, Minnesota replaced the “may issue” part of the statute with a “shall issue” statute. Under the “shall issue” statute, a permit had to be issued unless specific, objective criteria were violated. One of those criteria was a requirement to be at least 21 years old.

This criteria is what was challenged in the Minnesota lawsuit in the Eighth Circuit. If the court had followed the clear guidance put forward in the Bruen decision, the case would have been simple. The Rahimi decision reinforced significant parts of the Bruen decision. The three-judge panel made clear, unlike other circuits, the Eighth Circuit was going to follow the law and the Constitution and not defy the Supreme Court. From the opinion, p. 9:

[marktwain]

Looks like Minnesota AG (far left Keith Ellison) is asking for an en banc review.

[AZJeep]

If you can vote, you can have a gun, fight in military, drink, drive, etc.