In a landmark decision, the US Court of Appeals for the Eighth Circuit ruled on Tuesday, July 17, that Minnesota’s law requiring handgun carry permit applicants to be at least 21 years of age is unconstitutional.
This ruling upholds a lower court’s 2023 decision that struck down the age restriction following a lawsuit by gun-rights advocacy groups and three adults under 21.
The unanimous three-judge panel based its decision on the precedent set by the US Supreme Court in the 2022 case New York State Rifle & Pistol Association, Inc. v. Bruen.
The panel concluded that excluding 18 to 20-year-olds from handgun possession does not align with the nation’s historical tradition of firearm regulation.
The Bruen decision mandates that courts evaluating gun control measures must determine whether the activity in question enjoys Second Amendment protection and aligns with the historical context of US firearm regulations.
Applying this test, the Eighth Circuit found that the plaintiffs, as adult citizens, possess the constitutional right to bear arms, dismissing Minnesota’s argument that the term “the people” in the Second Amendment only refers to those over 21.
The court also rejected Minnesota’s claim that common law historically barred 18 to 20-year-olds from bearing arms.
It dismissed the relevance of Reconstruction-era laws cited by the state, noting that lawmakers enacted these laws approximately a century after the nation’s founding and that they did not reflect the original intent of firearm regulation.
This ruling is part of a broader trend among federal courts questioning age-based restrictions on gun possession.
Earlier this year, the Eleventh Circuit reinstated a lawsuit challenging a Georgia law that denied carry licenses to adults under 21, and the Third Circuit blocked Pennsylvania laws that restricted firearm carrying for 18 to 20-year-olds during a state of emergency.
The Eighth Circuit’s decision adds to the ongoing judicial examination of the Bruen ruling’s implications amid increasing calls for gun control from liberal lawmakers.
In a notable juxtaposition, the US Supreme Court in June upheld a federal law preventing individuals with domestic violence restraining orders from owning firearms, while also striking down a ban on bump stocks.
Following this decision, Minnesota may seek a full-court rehearing or appeal to the US Supreme Court.
