Active appeal to Minnesota’s age limit on permit to carry keeps ban in place for now

Minnesota’s restriction on obtaining a permit to carry is still in effect, even after July’s federal court ruling.

On July 16, Minnesota’s law requiring a person to be 21 to obtain a permit to carry a firearm was deemed unconstitutional by a federal appeals court. However, a new appeal will keep the ban in place for the time being.

Minnesota Attorney General Keith Ellison filed a petition with the Eighth Circuit Court of Appeals Tuesday, asking the court to review the July 16 decision.

Ellison argues the panel decision failed to consider Supreme Court guidance in the recent opinion of the United States vs. Rahimi, which allows states to ban firearms possession by domestic abusers.

Ellison argues that the panel reached its decision without allowing the parties to further brief the court on Rahimi’s impact on the current case.

“I believe the court erred earlier this month in ruling that the Second Amendment requires Minnesota to allow open carry by youth as young as 18,” Ellison said in a press release. “Respectfully, the court reached the wrong conclusion on the facts and the history, especially in light of the Supreme Court’s recent, common-sense decision to uphold state laws restricting gun possession by domestic abusers and the guidance the court offered in that decision for evaluating challenges like these.”

The appeal wasn’t widely known until Tuesday, meaning multiple Minnesotans between the ages of 18 and 20 have already applied for permit applications.

The Blue Earth County Sheriff’s Office said it had received multiple permit applications from people under 21 years old but said due to the appeal, the age restriction is still in effect.

The sheriff’s office says it will not approve applications for residents under 21 until a decision is reached on Ellison’s appeal.

“Legal guidance at the local and state level has confirmed that an appeal is active, and the opinion did
nothing to modify the Federal District Court’s stay,” a press release from the sheriff’s office stated. “Therefore, the age restriction is still in effect.”

The sheriff’s office asks that those under 21 be patient and wait for the court case to conclude before applying for a permit.