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

 

CURRENT STATUS

The United States Supreme Court refused to take up Keith Ellison’s appeal on Monday, April 21st, 2025, ending this litigation with a resounding victory for the Second Amendment rights of young adults in Minnesota.

18-20-year old young adults can now apply for and receive a Minnesota Permit to Carry from their County Sheriff as of Monday, April 21st, 2025.

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.

In November, Keith Ellison petitioned the United States Supreme Court for a 59-day extension to the appeals period. This was approved by Justice Kavanaugh.  The State of Minnesota had until January 17th,2025 to file their appeal.

The State of Minnesota petitioned the US Supreme Court to hear this case on appeal on January 17th, 2025.  We filed our reply on March 10th, 2025.  The State filed its reply brief on March 24th, 2025.

The case was distributed for consideration at the April 17th, 2025 conference.

The United States Supreme Court refused to take up Keith Ellison’s appeal on Monday, April 21st, 2025, ending this litigation with a resounding victory for the Second Amendment rights of young adults in Minnesota.

18-20-year old young adults can now apply for and receive a Minnesota Permit to Carry from their County Sheriff as of Monday, April 21st, 2025.

WHAT IS HAPPENING AND WHAT IS NEXT

  • 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.
  • In November, Keith Ellison petitioned the United States Supreme Court for a 59-day extension to the appeals period. This was approved by Justice Kavanaugh.  The State of Minnesota now has until January 17th,2025, to file its appeal.
  • The State of Minnesota petitioned the US Supreme Court to hear this case on appeal on January 17th, 2025.  We filed our reply on March 10th, 2025.  The State filed its reply brief on March 24th, 2025.
  • The case was distributed for consideration at the April 17th, 2025 conference.The United States Supreme Court refused to take up Keith Ellison’s appeal on Monday, April 21st, 2025, ending this litigation with a resounding victory for the Second Amendment rights of young adults in Minnesota.18-20-year old young adults can now apply for and receive a Minnesota Permit to Carry from their County Sheriff as of Monday, April 21st, 2025.

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.
    • In November, Keith Ellison petitioned the United States Supreme Court for a 59-day extension to the appeals period. This was approved by Justice Kavanaugh.  The State of Minnesota now has until January 17th,2025, to file its appeal.
    • The State of Minnesota petitioned the US Supreme Court to hear this case on appeal on January 17th, 2025.  We filed our reply on March 10th, 2025.  The State filed its reply brief on March 24th, 2025.
    • The case was distributed for consideration at the April 17th, 2025 conference.
    • The United States Supreme Court refused to take up Keith Ellison’s appeal on Monday, April 21st, 2025, ending this litigation with a resounding victory for the Second Amendment rights of young adults in Minnesota.18-20-year old young adults can now apply for and receive a Minnesota Permit to Carry from their County Sheriff as of Monday, April 21st, 2025.
  • 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?
    • Yes!  The decision took effect on Monday, April 21st, 2025.
  • 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.
    • An 18-20 year old adult can purchase a handgun in a private sale or receive it as a bona fide gift.  Any private transfer must follow MN’s universal background check law.
  • 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.
    • DPS updated the reciprocity list on Friday, May 2nd.  You can view that page on their website.
  • 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. 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
  • US Supreme Court Case #: 23-2248
  • US Supreme 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
  • April 21st, 2025:  AP – The Supreme Court won’t revive a Minnesota ban on gun-carry permits for young adults
  • April 21st, 2025:  NBC News – Supreme Court rejects Minnesota effort to revive ban on young adults from carrying guns
  • April 21st, 2025:  Reuters – US Supreme Court won’t save Minnesota age restriction on carrying guns
  • April 21st, 2025:  Breitbart – SCOTUS refuses to take up Minnesota’s appeal – means ban on concealed carry permits for 18-20 year olds struck down
  • April 21st, 2025:  WCCO Radio – The Supreme Court won’t revive a Minnesota ban on gun-carry permits for young adults
  • April 21st, 2025:  The Trace – Supreme Court won’t take up age restrictions for guns – for now

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:
    • Plaintiff’s Statement of the Case
    • Defendant Commissioner John Harrington’s Statement of the Case
    • Defendant – County Sheriffs’s Statement of the Case
  • 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:
    • Plaintiff’s Motion in Opposition of Motion to Dismiss
    • Defendant “Sheriffs” – Motion in Opposition of Motion for Summary Judgement
    • Defendant John Harrington – Motion in Opposition of Motion for Summary Judgement
  • September 8th, 2022:
    • Plaintiff’s Reply in Support of their Motion for Summary Judgment
    • Defendant John Harrington – Reply Memorandum in Support of his Motion for Summary Judgement
    • Defendant “Sheriffs” – Reply Memorandum in Support of their Motion for Summary Judgement
  • March 2023
    • Defendant John Harrington’s Letter re:  11th Circuit case upholding Florida’s 18-20 year old purchase prohibition.
    • Plaintiff’s Letter re:  11th Circuit case upholding Florida’s 18-20 year old purchase prohibition.
  • March 31st, 2023 – VICTORY AT DISTRICT  COURT
    • March 31st, 2023 – Summary Judgment for Plaintiffs
  • March 31st, 2023 – Emergency Motion by MN Attorney General to Stay Summary Judgement
    • Defendant’s Motion for Stay of Injunction
    • Defendant’s Memorandum of Law in Support of Motion for Stay of Injunction
  • April 3rd, 2023
    • Defendant “Sheriffs” – Letter to the Court re:  Emergency Stay of Injunction
  • April 5th, 2023
    • Plaintiff’s Memorandum of Law opposing the Motion for Stay of Injunction
  • April 24th, 2023
    • Order staying decision for 30 days or indefinitely pending appeal to the 8th Circuit.
  • May 17th, 2023
    • Defendant’s Notice of Appeal
  • 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
  • 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
    • Eighth Circuit Opinion:  23-2248 – striking down the age limit.
  • July 30th, 2024
    • State of Minnesota Petition for Rehearing En Banc
  • August 21st, 2024
    • Eighth Circuit DENIES the petition for rehearing.
  • September 20th, 2024
    • Eighth Circuit issues the Mandate in the case.
  • November, 2024
    • In November, Keith Ellison petitioned the United States Supreme Court for a 59-day extension to the appeals period. This was approved by Justice Kavanaugh.  The State of Minnesota now has until January 17,2025 to file their appeal.
  • January 17th, 2025
    • The State of Minnesota petitioned the US Supreme Court to hear this case on appeal on January 17th, 2025.  Until the Supreme Court decides whether or not to hear the appeal, the case remains stayed.  There is no timeline for them to do so.
  • March 10th, 2025
    • MN Gun Owners Caucus, FPC, and 2nd Amendment Foundation filed our reply brief with the US Supreme Court in which we encourage them to take the case but disagree with the state’s position. We believe that 18-—to 20-year-olds are being denied their right to bear arms under the Second Amendment.
  • March 24th, 2025
    • The State of Minnesota filed its reply brief with the US Supreme Court.  The appeal is now fully briefed for consideration by the Supreme Court whether or not to take the case – or take other initial actions.
  • April 17th, 2025
    • The case was distributed for consideration at the April 17th, 2025 conference.  We do not yet know the court’s next step and there is no timeline for them to decide.
  • April 21st, 2025
    • The United States Supreme Court refused to take up Keith Ellison’s appeal on Monday, April 21st, 2025, ending this litigation with a resounding victory for the Second Amendment rights of young adults in Minnesota.18-20-year old young adults can now apply for and receive a Minnesota Permit to Carry from their County Sheriff as of Monday, April 21st, 2025.
  • April 27th, 2025
    • Letter from the MN Gun Owners Caucus to DPS Commissioner Bob Jacobson demanding the state update their reciprocity agreements following the Worth decision.

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.

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