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8th Circuit: 18 to 20 Year-Olds Can Carry Firearms

July 17, 2024 

The 8th U.S. Circuit Court of Appeals ruled on Tuesday that Minnesota cannot prohibit adults under 21 from carrying firearms, solidifying the Second Amendment rights of younger adults.

This decision echoes a similar ruling made in 2022 by a federal judge in Fort Worth, Texas, which found that Texas’s prohibition on 18- to 20-year-olds obtaining a license to carry was unconstitutional.

U.S. Circuit Judge Duane Benton, writing for the 8th Circuit, emphasized the broad scope of the Second Amendment: “Importantly, the Second Amendment’s plain text does not have an age limit.”

Benton’s opinion aligns with the Supreme Court’s precedent set in New York State Rifle & Pistol Association v. Bruen, which requires that restrictions on gun rights be consistent with historical firearm regulations.

The plaintiffs in the Minnesota case included Kristin Worth, Austin Dye, Axel Anderson, the Minnesota Gun Owners Caucus, the Second Amendment Foundation, and the Firearms Policy Coalition, Inc.

Conversely, anti-Second Amendment groups like Everytown for Gun Safety, along with several states governed by staunchly anti-gun leaders, were named as additional defendants in the case.

This ruling follows the precedent set in the Texas case, where U.S. District Judge Mark Pittman concluded that Texas’s ban on 18- to 20-year-olds carrying handguns for self-defense outside the home violated the Second Amendment. Pittman underscored that the Second Amendment protects “the right of the people to keep and bear Arms,” a term historically understood to include all law-abiding citizens.

However, Pittman’s ruling introduced a gray area for young adults in Texas. While the decision clearly allowed young adults to obtain a license to carry, there is uncertainty for 18- to 20-year-olds who wish to exercise their constitutional rights without first obtaining a government license.

Texas Gun Rights, a prominent advocate for the Second Amendment, is actively working to ensure that Constitutional Carry becomes a reality for all law-abiding adults, regardless of age. The organization argues that law-abiding 18- to 20-year-olds should not be subjected to different standards and should be allowed to carry firearms for self-defense without the need for a license.

The impact of these rulings extends beyond Minnesota and Texas.

Similar lawsuits, inspired by the Bruen decision, have been filed by various gun rights groups across the country. These cases challenge a range of restrictions, including age limits for carrying firearms. The consistent application of the Bruen precedent is expected to further secure Second Amendment rights for Americans of all ages.

As the nation grapples with issues of gun control and individual rights, these court decisions underscore a critical point: the Second Amendment does not discriminate based on age.

The rulings from both the 8th Circuit and the federal court in Texas affirm the fundamental right of all law-abiding citizens, including young adults, to keep and bear arms.

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