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The trusted voice of Minnesota's Gun Owners to Defend and Restore the Right to Keep and Bear Arms

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.

On April 24th, 2023, Judge Menendez stayed the decision for 30 days or pending appeal.  The state filed their appeal meaning that Judge Menendez’s stay will remain in place until the appeal is decided upon at the 8th Circuit.

At this time, 18-20 year old adults in Minnesota are still being denied their right to bear arms until an appeal is decided upon.

Oral arguments have not yet been scheduled.

CURRENT STATUS & NEXT STEPS

  • We have won in District Court – see Summary Judgment for Plaintiffs above.
  • On March 31st, 2023, the State filed for an emergency stay of the injunction to consider an appeal and “implement systems” that would allow them to issue permits to 18-20-year-olds.
  • On April 24th, 2023, Judge Menendez stayed the decision for 30 days or indefinitely ending appeal. Currently, 18-20-year-olds cannot apply for permits until the stay is lifted, which will not be until the 8th Circuit rules on the state’s appeal (below).
  • On May 17th, 2023, the State filed a notice of appeal to the 8th circuit. The case will now go to the 8th Circuit Court of Appeals in Omaha, Nebraska, where a randomly chosen 3-judge panel will hear it.
  • The State has filed their appeal briefing (see below).  We have filed our response and the State has filed their reply.
  • We are awaiting oral arguments to be scheduled.   We do not expect a decision before 2024.

FREQUENTLY ASKED QUESTIONS

  • Where can I read the ruling?
    • You can read the 50+ page ruling at this link.  The full case docket with every filing in the case is available below.
  • When does the ruling take effect?
    • On April 24th, 2023, Judge Menendez stayed the decision for 30 days or indefinitely pending appeal. Currently, 18-20-year-olds cannot apply for permits until the stay is resolved.
  • 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?
    • No, on April 24th, 2023, Judge Menendez stayed the decision for 30 days or pending appeal.
  • Does this impact any other laws?
    • Not directly, no.  This lawsuit was specifically about this law, but it does allow us to point at this ruling in other cases and in 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.
  • 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?
    • The state filed a notice of appeal on May 17th, 2023 and is proceeding with an appeal.
  • Where would an appeal go?
    • An appeal from the US District Court for Minnesota would go to the 8th Circuit Court of Appeals in Omaha, Nebraska.
    • It would be assigned to a randomly selected 3-judge panel that will hear oral arguments.
    • An appeal would likely take several months.

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.
  • Current Court:  United States District Court for the District of Minnesota – the case is currently assigned to Judge Katherine M. Menendez
  • 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

MINNESOTA GUN OWNERS CAUCUS TIMELINE & ACTIONS

The Minnesota Gun Owners Caucus is a plaintiff in this case.

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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