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MN Gun Owners Law Center

Worth v. Jacobson (18-20 Permit to Carry Case)

Worth v. Jacobson, final victory: the US Supreme Court denied Keith Ellison's appeal, and 18- to 20-year-olds can now apply for a Minnesota Permit to Carry

Case closed: we won. The US Supreme Court refused to take up the State’s appeal on Monday, April 21, 2025, ending this litigation with a victory for the Second Amendment rights of young adults in Minnesota. 18- to 20-year-olds can apply for and receive a Minnesota Permit to Carry from their county sheriff.

Case summary

In this case, the Minnesota Gun Owners Caucus, along with three individual plaintiffs, the Second Amendment Foundation, and the Firearms Policy Coalition, sued the State of Minnesota and three county sheriffs to restore the right of adults under 21 years of age to carry loaded, operable arms in public for self-defense and other lawful purposes.

On March 31, 2023, we prevailed when US District Judge Katherine Menendez, a Biden appointee, struck down Minnesota’s limits on 18- to 20-year-olds obtaining permits. The judgment was issued with immediate effect. Later that day, the State filed an emergency request for a stay of the ruling to consider an appeal and “implement systems” that would allow it to issue permits.

The State of Minnesota filed its notice of appeal to the Eighth Circuit Court of Appeals on May 17, 2023. The appeal was argued on February 13, 2024, before Judges Smith, Benton, and Stras.

On July 16, 2024, the Eighth Circuit ruled 3-0 in our favor and permanently enjoined the State of Minnesota from enforcing the 21-year-old age limit. On July 30, 2024, the State asked for an en banc (whole court) rehearing; on August 21, 2024, the Eighth Circuit denied it, and on September 20, 2024, it issued the mandate, ending the case at the Eighth Circuit.

Attorney General Keith Ellison then asked the US Supreme Court for a 59-day extension of the appeal deadline, which Justice Kavanaugh granted. The State petitioned the Supreme Court on January 17, 2025. We filed our reply on March 10, 2025, and the State filed its reply brief on March 24, 2025. The case was distributed for the April 17, 2025 conference, and on April 21, 2025, the Court refused to take it.

Original case title

This case was initially titled “Worth v. Harrington.” It was retitled “Worth v. Jacobson” after Bob Jacobson replaced John Harrington as Commissioner of the Minnesota Department of Public Safety in 2023.

Frequently asked questions

Where can I read the rulings?

You can read the 50-plus-page district court ruling and the Eighth Circuit ruling. Every filing in the case is listed in the timeline below.

When did the ruling take effect?

On Monday, April 21, 2025, when the US Supreme Court refused to take up the State’s appeal.

What does enjoin mean?

It means the State cannot enforce the law in question, in this case the age requirement in Minn. Stat. § 624.714, the Permit to Carry law.

Can 18- to 20-year-olds apply for a Permit to Carry today?

Yes. The decision took effect on Monday, April 21, 2025. See Permit to Carry.

Does this affect any other laws?

Not directly. This lawsuit was explicitly about this law, but it does allow us to point to this ruling in other cases and in policy debates at the Legislature.

Can an 18- to 20-year-old buy a handgun or ammunition from a dealer?

Federal law prohibits licensed dealers from selling a handgun or handgun ammunition to anyone under 21. In Reese v. ATF, decided January 30, 2025, the Fifth Circuit held that the federal provisions barring licensed dealers from selling handguns to 18- to 20-year-olds (18 U.S.C. §§ 922(b)(1) and (c)(1)) and their regulations are inconsistent with the Second Amendment, and sent the case back to the district court. That case came from Louisiana; Minnesota is in the Eighth Circuit. Our partners the Firearms Policy Coalition and the Second Amendment Foundation are plaintiffs in Reese.

An 18- to 20-year-old adult can buy a handgun in a private sale or receive it as a bona fide gift. Any private transfer must follow Minnesota’s universal background check law. See how 18- to 20-year-olds can buy a handgun.

Is it legal for an 18- to 20-year-old to possess a handgun in Minnesota?

There is no prohibition on an 18- to 20-year-old adult possessing a handgun or ammunition in Minnesota. They just can’t buy one from a dealer. They may buy a handgun in a private sale or receive one as a bona fide gift.

Will this change reciprocity?

The Minnesota Department of Public Safety has generally taken a very strict view of “similar” when comparing Minnesota’s Permit to Carry law to other states. One of the reasons it has refused to honor several states is that they issued permits to 18- to 20-year-old adults.

DPS updated the reciprocity list on Friday, May 2, 2025. See also Permit to Carry reciprocity.

Will the State appeal?

With the denial of cert by the US Supreme Court, the State cannot appeal this case any further.

Case details

  • Case title: Kristin Worth, Austin Dye, Axel Anderson, Minnesota Gun Owners Caucus, Second Amendment Foundation, & Firearms Policy Coalition, Inc. v. Bob Jacobson, Kyle Burton, Troy Wolbersen, & Dan Starry
    • When this case was filed, John Harrington was the Commissioner of DPS and Don Lorge was the Sheriff of Mille Lacs County. Bob Jacobson was sworn in as the Commissioner of DPS on January 3, 2023, and Kyle Burton is now the Mille Lacs County Sheriff. Under Fed. R. Civ. P. 25(d), Mr. Jacobson and Mr. Burton are automatically substituted as parties.
  • District court: United States District Court for the District of Minnesota, Judge Katherine M. Menendez
  • District court case #: 0:21-CV-01348 (docket)
  • Appellate court: United States Court of Appeals for the Eighth Circuit (Judges Smith, Benton, and Stras)
  • Eighth Circuit case #: 23-2248 (docket)
  • US Supreme Court case #: 24-782, Jacobson v. Worth (docket)

Minnesota Gun Owners Caucus timeline and actions

The Minnesota Gun Owners Caucus is a plaintiff in this case. Court filings are listed by date.

News coverage

Counsel of record

The Minnesota Gun Owners Caucus is represented in this case by Blair W. Nelson of Blair W. Nelson, Ltd. in Bemidji and David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk PLLC in Washington, DC.

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Our lawsuits and amicus briefs are underwritten by the Minnesota Gun Owners Support Fund, doing business as the MN Gun Owners Law Center, a 501(c)(3). Gifts may be tax-deductible to the extent allowed by law.