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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.

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 now has until January 17th,2025 to file their appeal.

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 January 2025 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.
  • 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.
  • 18-20-year-old adults will be able to apply for Permits to Carry after the state’s appeal deadline passes in January 2025 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?
  • 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.
    • 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 January 2025 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

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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