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Minnesota’s attorney general aims to reinstate prohibition on individuals under 21 carrying firearms

Minnesota Attorney General Keith Ellison is seeking to reinstate a state law prohibiting individuals aged 18 to 20 from obtaining permits to carry firearms in public. Ellison submitted a petition for rehearing with the 8th Circuit Court of Appeals, urging the full court to review a recent ruling by a three-judge panel that deemed the state law unconstitutional. The panel’s decision was based on the Second Amendment rights of young adults for self-defense, as argued by the Minnesota Gun Owners Caucus.

Ellison contended that the panel failed to consider the implications of a U.S. Supreme Court ruling in June that upheld a federal law protecting victims of domestic violence. He expressed disagreement with the court’s conclusion that the Second Amendment mandates Minnesota to allow individuals as young as 18 to openly carry firearms. The attorney general highlighted the recent Supreme Court decision supporting gun control measures for domestic abusers as an important factor in his appeal.

The appeals court decision in July referenced a significant 2022 Supreme Court ruling that expanded gun rights, leading to the Minnesota law being struck down by U.S. District Judge Katherine Menendez in March 2023. Despite this decision, a stay was granted to keep the ban in effect until the state’s appeal was resolved, illustrating the impact of the Bruen decision on gun laws nationwide.

The Bruen decision by the Supreme Court emphasized Americans’ right to carry firearms in public for self-defense and introduced a new standard for evaluating challenges to gun restrictions. Ellison’s petition emphasizes the need for a full review of the case by all judges of the 8th Circuit, citing the resemblance of Minnesota’s law to regulations in other states. The state’s argument that 18 to 20-year-olds should not have Second Amendment protections was refuted by the appeals court, which maintained that young adults meeting the eligibility criteria for carry permits are entitled to constitutional rights. Crime statistics provided by the state were deemed insufficient to demonstrate that individuals in this age group pose an elevated risk of danger.

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