Judge stays own order striking down Minnesota’s age requirement for gun permits

By KSTP

A federal judge has temporarily put on hold on her decision that struck down Minnesota’s minimum age requirement for getting a permit to carry.

U.S. District Judge Katherine Menendez ruled last month that the state’s current law, which required residents to be at least 21 years of age to get a permit to carry, violated the constitutional rights of Minnesotans who are 18 to 20 years old.

Monday, Menendez issued a stay of injunctive relief in the case, putting her initial decision on pause for 30 days or while it is appealed. That decision came at the request of the Minnesota Department of Public Safety.

In Monday’s order, the judge acknowledged the problems that could arise if permits were given to 18- to 20-year-olds and her initial order was overturned.

“If no stay is entered, various county sheriffs will likely begin issuing permits to individuals between 18 and 21 years old while the Defendants’ appeal is pending. If this Court’s decision were later overturned on appeal, the parties do not agree and point to no definitive authority to resolve the question of what legal effect that would have on any permits issued to 18-to-20-year-olds in the interim,” Menendez wrote.

It’s still unclear if the state plans to appeal last month’s ruling.