A recent federal appeals court ruling that says 18 to 20 year olds in Minnesota should be allowed to apply to carry handguns in public is prompting concern and confusion about what happens next.
The July 16 ruling from the Eighth Circuit U.S. Court of Appeals could potentially reach the U.S. Supreme Court if it’s challenged, which remains to be seen. Several local advocates and public officials worry that allowing younger Minnesotans to apply for a permit to carry will increase gun violence among young people.
“We know that young people are still developing, and they don’t always have the maturity yet to make good choices around the use of firearms. This is going to result in more gun violence in our communities, more gun violence among young people, and we’re just really disappointed that this was the outcome,” said Maggiy Emery, the executive director of Protect Minnesota, a statewide group that works to prevent gun violence.
Emery added that the ruling will disproportionately affect communities of color, particularly young Black men.
“This ruling really is taking aim at this community that’s already suffering from gun violence, that is already so much more likely to bear the brunt of the firearm violence epidemic,” she said. “This decision just puts folks within that community even more at risk.”
What does the ruling mean?
The ruling says Minnesotans who are 18 to 20 should be allowed to apply for a permit to carry a handgun in public. Under current Minnesota law, people must be at least 21 years old to do so. Eighth Circuit U.S. Court of Appeals Judge Duane Benton ruled that the law violates the Second Amendment.
The decision comes about three years after gun rights advocacy groups and three young adults sued Minnesota’s public safety commissioner and several sheriff’s departments over the law.
Minnesotans can apply for a permit to carry at their local sheriff’s office. Applicants must be a U.S. citizen or permanent resident, take a course on firing a handgun and pass a criminal background check, among other requirements. Applicants must not have been convicted of a violent crime, or have been found mentally incompetent by a court.
Permits last for five years, and the cost varies by each county but shouldn’t exceed $100, according to the Minnesota Bureau of Criminal Apprehension (BCA). A permit to carry allows individuals to openly carry their weapon or they can conceal it.
Will the state appeal the decision?
A spokesperson for the Minnesota Attorney General’s Office said the office is still deciding if it will appeal the decision. Minnesota Attorney General Keith Ellison said in a statement last week that he was “disappointed” by the ruling.
“The people of Minnesota want and deserve solutions that reduce shootings and improve public safety, and today’s ruling only makes that more difficult,” Ellison’s statement said. “Despite this setback, I remain as committed as ever to improving public safety in Minnesota by championing and defending lifesaving, common-sense gun violence prevention measures.”
A spokesperson for Ellison said the office could appeal the decision by taking the case to the U.S. Supreme Court, or it could ask a panel of judges in the Eighth Circuit U.S. Court of Appeals to review the decision. The attorney general has 14 days after the ruling to decide whether it wants the panel to rehear the case, or 90 days to appeal to the U.S. Supreme Court.
When would the ruling go into effect?
The Attorney General’s Office says the current law banning 18 to 20 year olds from applying for a permit to carry remains in effect until the appeals process is completed.
James Stuart, executive director of the Minnesota Sheriff’s Association, said his organization initially told sheriff’s departments that 18 to 20 year olds were eligible to apply, but has since pulled back and is advising departments to check with their local county attorney on how to proceed.
Stuart emphasized that the sheriff’s office provides guidance to sheriff’s departments, not legal counsel.
The Hennepin County Sheriff’s Office said it is not accepting applications from the age group at this time.
The BCA’s website says that 18 to 20 year olds are not eligible to apply for a permit to carry until the appeals process concludes.
What would happen if 18 to 20 year olds are ultimately allowed to apply for a permit to carry?
Stuart said that should the ruling stand, sheriff’s departments across the state will see an increase in applications from Minnesotans between 18 and 20.
According to the BCA, the number of residents applying for a permit to carry has remained mostly stable over the past few years, except in 2020 and 2021, when there was an increase in applications. In 2023, about 65,000 permits were issued in Minnesota. In 2021, about 106,000 were issued. Stuart said it’s not uncommon for there to be a spike near an election year.
Hennepin County had the most permits issued last year, followed by Anoka, Dakota, Washington and Ramsey counties.
The Hennepin County Sheriff’s Office says it also expects to see an increase in applications if the new law goes into effect.
How are Minnesotans reacting to the ruling?
Some officials and advocates say they’re concerned about the ruling and its potential implications.
Hennepin County Attorney Mary Moriarty issued a statement calling the ruling “disappointing.”
“Having young people carrying weapons in public is not in the interests of public safety,” her statement said. “We know that young people’s brains are still developing at this age, and that can lead to poor judgment including gun violence. While the majority of these sorts of crimes emanate from a tiny sliver of the population, it is our collective responsibility to keep pursuing ways to reduce gun violence to prevent crime from happening.”
Minneapolis Police Chief Brian O’Hara also released a statement expressing concern about the ruling.
“We need common sense gun laws to protect the public and this ruling seems to defy common sense,” his statement said. “I’m concerned about young adults arming themselves and carrying concealed handguns in public, especially in schools and other places where young adults congregate.”
Michelle Lee-Parker volunteers with youth and families affected by gun violence in the Twin Cities. She said she’s concerned about the amount of gun violence she’s seen in the community, but also recognizes that people have constitutional rights to own and carry guns.
She worries not enough is being done to educate gun owners about gun safety, including how to store them safely. She said she hopes people realize the impact of gun violence.
“They need to be educated on safety and awareness that fatality is final,” she said. “A lot of these kids are thinking they can get up and play the game, like in a cartoon or something. It’s not like that — it’s final.”
