Federal judge stays ruling on Minnesota gun carry permits for anyone 18 to 20 years old

Attorney General Keith Ellison is appealing the ruling against the state.

April 25, 2023 at 10:41PM
Judge Katherine Menendez struck down the Minnesota law barring 18- to 20-year-olds from obtaining permits to carry handguns in public, but has stayed her ruling pending appeal. (Anthony Souffle, Star Tribune file/The Minnesota Star Tribune)

A federal judge has put on hold her ruling allowing 18- to 20-year-olds to obtain permits to carry handguns.

At the request of Minnesota Attorney General Keith Ellison's office, U.S. District Judge Katherine Menendez stayed the ruling from earlier this month pending appeal.

Three young adults joined with gun-rights advocacy groups two years ago to challenge the Minnesota law barring 18- to 20-year-olds from obtaining permits to carry handguns in public. They argued that the law violates their Second Amendment right to bear arms.

In the underlying order, Menendez ruled for the plaintiffs, saying that her decision was driven by a ruling in last June by the U.S. Supreme Court. But she also expressed concerns about the high court's standard, which requires governments limiting gun rights to show that their laws are consistent with the historical tradition of firearms regulation.

"Second Amendment jurisprudence now focuses a lens entirely on the choices made in a very different time, by a very different American people," Menendez wrote.

Ellison's office asked Menendez to delay enforcement of the order until an appeal is decided.

A 2003 state law overhauling Minnesota's permit-to-carry standards barred anyone younger than 21 from obtaining a permit. There are exceptions: Individuals don't need a permit to carry a handgun at home or work, or while traveling between the two locations. Nor do they need one for hunting or target shooting.

Citing safety concerns, plaintiffs Kristin Worth, Austin Dye and Axel Anderson said they wanted to obtain permits to carry handguns for self-defense. All three are from the ages of 18 to 20.

Gun-rights advocates joining the suit — the Minnesota Gun Owners Caucus, the Second Amendment Foundation and the Firearms Policy Coalition — said they have thousands of members ages 18-20 who would obtain permits and carry handguns if legally allowed to do so.

Requests for permits in Minnesota are not automatically granted. Applicants must prove they have received training and undergo a background check.

Legislators are considering three bills aimed at reducing gun violence, including a measure that would close a legal loophole by expanding criminal background checks for pistols and semiautomatic military-style assault weapons sold at gun shows or online, or are transferred.

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about the writer

Rochelle Olson

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Rochelle Olson is a reporter on the politics and government team.

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