ORIGINAL CASE TITLE
This case was initially titled “Worth v. Harrington” – the case was retitled “Worth v. Jacobson” after Bob Jacobson replaced John Harrington as Commissioner of the Minnesota Department of Public Safety in 2023.
CASE SUMMARY
In this case, the Minnesota Gun Owners Caucus, along with 3 individual plaintiffs, the 2nd 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 31st, 2023, we prevailed in this case with US District Judge Kathleen Menendez, a Biden appointee, striking down Minnesota’s limits on 18-20-year-olds from obtaining permits. This 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 them to issue permits.
The State of Minnesota appealed in April 2023 to the Eighth Circuit Court of Appeals. The appeal was argued on February 13th, 2024. The panel judges were Smith, Benton, and Stras.
On July 16th, 2024, the Eight Circuit ruled 3-0 in our favor and permanently enjoined the State of Minnesota from enforcing the 21-year-old age limit.
On July 30th, 2024, the State of Minnesota appealed the case, asking for an en banc (whole court) rehearing of the case by the Eighth Circuit.
On August 21st, 2024, the Eighth Circuit DENIED their motion.
On September 20th, 2024, the Eighth Circuit issued the mandate, ending the case at the Eighth Circuit.
We are now waiting to see if Ellison will appeal to the United States Supreme Court.
18-20-year-old adults will be able to apply for Permits to Carry after the state’s appeal deadline passes in November for an appeal to the US Supreme Court. If Ellison appeals to the Supreme Court, this could be further delayed.
CURRENT STATUS & NEXT STEPS
- We have won this case at the federal District Court and at the Eighth Circuit Court of Appeals.
- The State’s appeal for a rehearing at the Eighth Circuit has been DENIED.
- On September 20th, 2024, the Eighth Circuit issued the mandate, ending the case at the Eighth Circuit.
- We are now waiting to see if Ellison will appeal to the United States Supreme Court.
- 18-20-year-old adults will be able to apply for Permits to Carry after the state’s appeal deadline passes in November for an appeal to the US Supreme Court. If Ellison appeals to the Supreme Court, this could be further delayed.
FREQUENTLY ASKED QUESTIONS
- Where can I read the ruling from the district court?
- You can read the 50+ page ruling at this link. The full case docket with every filing in the case is available below.
- Where can I read the ruling from the Eighth Circuit Court of Appeals?
- You can read the ruling at this link.
- When does the ruling take effect?
- On September 20th, 2024, the Eighth Circuit issued the mandate, ending the case at the Eighth Circuit.
- We are now waiting to see if Ellison will appeal to the United States Supreme Court.
- 18-20-year-old adults will be able to apply for Permits to Carry after the state’s appeal deadline passes in November for an appeal to the US Supreme Court. If Ellison appeals to the Supreme Court, this could be further delayed.
- What does enjoin mean?
- It means the state cannot enforce the law in question, in this case, the age restriction requirements in MN 624.714, the Permit to Carry law.
- Does this mean that 18-20-year-olds can apply for a Permit to Carry today?
- 18-20-year-old adults will be able to apply for Permits to Carry after the Circuit Court enters the mandate in this case, which should be August 29th. Further appeals may delay this.
- Does this impact any other laws?
- Not directly, no. This lawsuit was explicitly about this law, but it does allow us to point at this ruling in other cases and policy debates at the legislature.
- Can an 18-20 year old purchase a handgun or ammunition at a dealer?
- Federal law prohibits a person under 21 from purchasing a firearm or handgun ammunition at a dealer. Our national partners in other states are litigating that issue in Reese v ATF.
- Is it legal for an 18-20 year old to possess a handgun in Minnesota?
- There is no prohibition on an 18-20 year old adult from possessing a handgun or ammunition in Minnesota. They just can’t purchase one at a dealer.
- A 18-20 year old may purchase a handgun in a private sale or receive one as a bona fide gift.
- Will this change reciprocity?
- The MN Department of Public Safety has generally taken a very strict view of “similar” when it comes to comparing Minnesota’s Permit to Carry law to other states. One of the reasons they have refused to honor several states is because they issued permits to 18-20 year old adults.
- We anticipate DPS reviewing this after final judgment in the ruling has been entered. We are unsure of the timing.
- Will the state appeal?
- We are waiting to see if the state will appeal to the US Supreme Court.
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. However, 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.
- Previous Court: United States District Court for the District of Minnesota – the case is currently assigned to Judge Katherine M. Menendez
- Appellate Court: United States Eighth Circuit Court of Appeals. The panel judges are Smith, Benton, and Stras.
- Previous Court(s): N/A.
- District Court Case #: 0:21-CV-01348
- District Court Docket: View the case docket by clicking here
- 8th Circuit Case #: 23-2248
- 8th Circuit Court Docket: View the case docket by clicking here
NEWS COVERAGE
- June 8th, 2021: Bearing Arms – 2A groups launch legal challenge to Minnesota carry laws
- June 9th, 2021: Star Tribune – Three young adults, gun groups sue over Minnesota’s 21 age requirement for gun carry permits
- June 9th, 2021: Associated Press – Young adults sue for right to carry guns in Minnesota
- June 9th, 2021: KARE-11 – Three young adults sue for right to carry guns in Minnesota
- June 9th, 2021: WCCO – 3 young adults file federal lawsuit, sue for right to carry guns in Minnesota
- June 15th, 2021: Bemidji Pioneer – 18-year-old sues central Minnesota sheriff as part of a challenge to state’s gun laws
- June 30th, 2021: Mille Lacs Messenger – Milaca woman sues over right to carry a handgun
- September 4th, 2022: Star Tribune – National groups intervene in federal suit over Minnesota’s age limit for carrying handguns
- March 31st, 2023: Courthouse News Service – Judge finds Minnesota age limit on gun carry permits unconstitutional
- March 31st, 2023: Bearing Arms – Federal judge rules Minnesota’s under-21 carry ban unconstitutional
- March 31st, 2023: Reuters – Minnesota’s 21-year age minimum for handgun carry permits struck down
- March 31st, 2023: Ammoland – Judge says law restricting carry permits for 18-20 year olds unconstitutional
- March 31st, 2023: Second Amendment Foundation – SAF Victory in Minnesota as Judge Allows CCW for Young Adults
- March 31st, 2023: Fox 9 – Judge rules Minnesota’s age requirement for pistol permits violates 2nd Amendment
- March 31st, 2023: KSTP – Federal judge strikes down Minnesota’s age requirement for gun permits
- March 31st, 2023: KARE-11 – Judge overturns Minnesota’s age restriction on gun carry permits
- March 31st, 2023: WCCO – Judge strikes down Minnesota ban on permit to carry law for applicants under 21
- April 2nd, 2023: Star Tribune – Federal judge rules Minnesota’s age limit for carrying handguns unconstitutional
- July 16th, 2024: Reuters – Minnesota cannot bar adults under 21 from carrying guns, court rules
- July 16th, 2024: Star Tribune – Federal appeals court agrees that Minnesota age limit on carrying handguns in public is unconstitutional
- July 16th, 2024: Associated Press – Minnesota’s ban on gun carry permits for young adults is unconstitutional, appeals court rules
- July 16th, 2024: Pioneer Press – Minnesota’s minimum age of 21 to carry guns unconstitutional, appeals court rules
- July 16th, 2024: KSTP – Federal appeals court affirms that Minnesota’s age limit on permit to carry is unconstitutional
- July 16th, 2024: Fox9 – Minnesota’s gun-carrying age restriction ruled on by federal court
- July 16th, 2024: Rochester Post-Bulletin – Federal appeals court strikes down Minnesota age restriction on conceal carry
- July 16th, 2024: KARE-11 – Minnesota’s ban on gun carry permits for young adults is unconstitutional, appeals court rules
- July 17th, 2024: Washington Post – Minnesota’s age restriction to carry handguns is unconstitutional, court rules
- July 17th, 2024: WCCO Radio – Court of Appeals declares Minnesota ban on young adult conceal-carry unconstitutional
MINNESOTA GUN OWNERS CAUCUS TIMELINE & ACTIONS
The Minnesota Gun Owners Caucus is a plaintiff in this case.
- June 7th, 2021: Complaint filed in the United States District Court for the District of Minnesota.
- Press Releases: MN Gun Owners Caucus, Firearms Policy Coalition, Second Amendment Foundation
- June 25th, 2021: Response filed by the 3 County Sheriffs to the initial complaint
- August 13th, 2021: Response filed by the Minnesota Attorney General’s Office on behalf of the Minnesota Department of Public Safety
- August 23rd, 2021: Scheduling Order
- September 2021: Rule 26(f) Planning Meeting
- September 23rd, 2021:
- October 15th, 2021: Scheduling Order
- August 4th, 2022:
- Plaintiff’s Motion for Summary Judgment
- Plaintiff’s Memorandum of Law in Support of Motion for Summary Judgement
- Exhibit Index
- Exhibit A – MN Uniform Firearm Application Permit to Carry a Pistol
- Exhibit B – Declaration of Kristin Worth
- Exhibit C – Declaration of Austin Dye
- Exhibit D – Declaration of Axel Anderson
- Exhibit E – Declaration of Bryan Strawser
- Exhibit F – Declaration of Alan Gottlieb
- Exhibit G – Declaration of Brandon Combs
- Exhibit H – Transcript of Deposition of Dr. Saul Cornell
- Plaintiff’s Notice of Hearing
- Defendant John Harrington – Memorandum of Law in Support of Motion for Summary Judgment
- Defendant “Sheriffs” – Memorandum of Law in Support of Motion for Summary Judgment
- Giffords Law Center – Motion to enter as Amicus
- Giffords Law Center – Memorandum of Law in Support of Amicus Brief
- Giffords Law Center – Proposed Amicus Brief
- August 25th, 2022:
- September 8th, 2022:
- March 2023
- March 31st, 2023 – VICTORY AT DISTRICT COURT
- March 31st, 2023 – Emergency Motion by MN Attorney General to Stay Summary Judgement
- April 3rd, 2023
- April 5th, 2023
- April 24th, 2023
- May 17th, 2023
- May 22nd, 2023
- 8th Circuit sets briefing schedule as follows:
- State to file their briefing by July 11th, 2023
- Plaintiffs to file their response by August 11th, 2023
- 8th Circuit sets briefing schedule as follows:
- July 14th, 2023
- The State of Minnesota has filed their appellate brief with the Eighth Circuit Court of Appeals.
- August 18th, 2023
- Plaintiff’s appellate brief
- September 6th, 2023
- Defendant’s appellate reply brief
- February 13th, 2024
- Oral arguments were held
- July 16th, 2024
- July 30th, 2024
- August 21st, 2024
- September 20th, 2024
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.
WANT TO SUPPORT OUR LEGAL & LITIGATION EFFORTS?
Our affiliated 501(c)(3), the Minnesota Gun Owners Support Fund, underwrites the majority of our legal action efforts.
You can make a tax-deductible donation directly to our Support Fund at this link.
You can also support our Support Fund through your purchases on Amazon through the Amazon Smile program. It takes just a few minutes to set up through our easy step-by-step guide.