Minnesota AG Asks for Eighth Circuit En Banc Review in Carry Permit Case

AmmoLand ^ | August 4, 2024 | Dean Weingarten

[marktwain]

The Attorney General of the State of Minnesota has filed a petition in the United States Court of Appeals for the Eighth Circuit, asking for an en banc review of the three-judge panel’s opinion, which struck down the Minnesota statute banning the carry of firearms in public by people over the age of 18 and under the age of 21.

On July 16, 2024, a unanimous three-judge panel of the United States Court of Appeals for the Eighth Circuit confirmed District Judge Katherine M. Menendez was correct when she struck down Minnesota’s law banning people over the age of 18 and under the age of 21 from obtaining a Minnesota carry permit. The three-judge panel affirmed such people were part of the “people” mentioned in the Second Amendment. They affirmed the State did not meet its burden of showing a historical analogy of sufficient magnitude exists where an age restriction such as Minnesota’s ban on the exercise of rights protected by the Second Amendment, was part of the tradition and historical record at the time the Second Amendment was ratified.

This was a strong and carefully worded opinion written by Judge Benton. The Attorney General of Minnesota could either accept the decision, ask for an en banc review by the entire Eighth Circuit, or appeal to the Supreme Court. The AG chose to ask for an en banc review.  From the Petition:

The common sense gun regulation at issue here is limited and temporary. Minnesota allows significant access to guns by young people. Minnesota does not restrict the possession or use of firearms by youths of any age when supervised by parents or guardians. Minn. Stat. § 624.713, subd. 1(1); Minn. Stat. § 97B.021.

[marktwain]

This appears to be a delaying tactic, in the hope a Harris presidency will change the Supreme Court into a Progressive court.

[ComputerGuy]

The common sense gun regulation at issue here is limited and temporary.

[kiryandil]

This appears to be a delaying tactic, in the hope a Harris presidency will change the Supreme Court into a Progressive court.

Indeed it is.

	Title	        Judge	           Duty station	        Born	Term of service	                Appointed by
                                                                        Active	        Chief	                         

55	Chief Judge	Steven Colloton	   Des Moines, IA	1963	2003–present	2024–present	G.W. Bush
46	Circuit Judge	James B. Loken	   Minneapolis, MN	1940	1990–present	2003–2010	G.H.W. Bush
54	Circuit Judge	Lavenski Smith	   Little Rock, AR	1958	2002–present	2017–2024	G.W. Bush
56	Circuit Judge	Raymond Gruender   Saint Louis, MO	1963	2004–present	—	 	G.W. Bush
57	Circuit Judge	Duane Benton	   Kansas City, MO	1950	2004–present	—	 	G.W. Bush
58	Circuit Judge	Bobby Shepherd	   El Dorado, AR	1951	2006–present	—	 	G.W. Bush
59	Circuit Judge	Jane L. Kelly	   Cedar Rapids, IA	1964	2013–present	—	 	Obama
60	Circuit Judge	Ralph R. Erickson  Fargo, ND	        1959	2017–present	—	 	Trump
61	Circuit Judge	L. Steven Grasz	   Omaha, NE	        1961	2018–present	—	 	Trump
62	Circuit Judge	David Stras	   Minneapolis, MN	1974	2018–present	—		Trump
63	Circuit Judge	Jonathan A. Kobes  Sioux Falls, SD	1974	2018–present	—		Trump

One filthy Lefty stooge on the Eighth.

[Ex-Con777]

“Minnesota does not restrict the possession or use of firearms by youths of any age when supervised by parents or guardians. Minn. Stat. § 624.713, subd. 1(1); Minn. Stat. § 97B.021.”

Does the state require parental supervision for gender transition and abortion?

EC