Bob Jacobson, Individually and in His Official Capacity as Commissioner of the Minnesota Department of Public Safety v. Kristin Worth, et al.
Minnesota allows young people significant access to
firearms. Young people can use guns under the supervision
of an adult at any age, and they can use them without
supervision on their property or for hunting beginning at
age 14. Yet Respondents insist that Minnesota burdens
their Second Amendment rights when it restricts permits
for carrying pistols in public to those aged 21 and older.
The federal government and a majority of states have
enacted similar restrictions.
Applying Bruen in a manner that this Court disavowed
in Rahimi , the lower courts concluded that Minnesota's
law was unconstitutional as applied to 18-to-20-yearolds. The district court found the absence of analogous
restrictions from the Founding era determinative. Issued
just three weeks after Rahimi —but without the benefit of
any briefing regarding the impact of Rahimi —the Eighth
Circuit committed the same error. It focused its historical
analysis exclusively on a search for an elusive historical
twin rather than focusing on historical principles. The
question presented is:
Does Minnesota's statute limiting permits for public
carry of pistols to those 21 and older comport with the
principles underlying the Second Amendment?
Does Minnesota's statute limiting permits for public carry of pistols to those 21 and older comport with the principles underlying the Second Amendment?