The US Court of Appeals for the Eighth Circuit ruled on Tuesday that a Minnesota law requiring handgun carry permit applicants to be at least 21 years of age is unconstitutional. The appeals court upheld a lower court’s 2023 decision that struck down the age restriction following a suit by gun-rights advocacy organizations and three adults under 21.
The three-judge panel unanimously concluded that the exclusion of 18 to 20-year-olds from handgun possession was not “consistent with this Nation’s historical tradition of firearm regulation,” referencing the precedent set by the US Supreme Court’s 2022decision in New York State Rifle & Pistol Association, Inc. v. Bruen. This decision mandates that courts considering gun control measures must evaluate whether the restricted activity is covered under the Second Amendment and aligns with US historical firearm regulations.
In applying the Bruen test, the Eighth Circuit found that the plaintiffs, as adult citizens, possess the Second Amendment right to bear arms, rejecting Minnesota’s stance that “the people” referred to in the amendment includes only those over 21. The court further dismissed the state’s argument that 18 to 20-year-olds were historically restricted from bearing arms under common law and downplayed the significance of post-Reconstruction laws cited by Minnesota for regulating young adults’ firearm use, noting these laws emerged nearly a century after the founding of the nation.
Other appellate courts have similarly shown readiness to nullify age-related gun possession restrictions. In February, the Eleventh Circuit reinstated a challenge to a Georgia law denying carry licenses to those under 21, while the Third Circuit in January blocked Pennsylvania legislation that effectively prohibited 18 to 20-year-olds from carrying firearms during emergencies.
This ruling emerges amidst ongoing judicial reviews of the Bruen decision and growing pressures for gun control from liberal policymakers. Recently, the US Supreme Court has displayed a mixed stance—upholding a federal law barring firearm possession for those under domestic violence restraining orders while also striking down a ban on bump stocks in June. An appeals court also overturned an injunction against California’s ammunition background check law earlier this year, after the state argued that a lower court misapplied Bruen in blocking the law’s enforcement.
Following the Eighth Circuit’s decision, Minnesota may petition for a full-court rehearing or appeal to the US Supreme Court.
For full details, visit the original coverage on JURIST.