Brady Supports Minnesota Law Prohibiting Young People (18-20) From Obtaining Permit to Carry Handgun in Public

Worth v. Jacobson, No. 23-2248, U.S. Court of Appeals for the Eighth Circuit

Date Filed: July 18, 2023 (8th Cir.)

                     August 6, 2024 (8th Cir. en banc petition)   

Topic: Minnesota age restrictions on the issuance of public carry permits

Case Summary: Minnesota law prohibits 18-to-20-year-olds from obtaining a permit to publicly carry a handgun. Two individuals under 21 challenged the law. A judge in the U.S. District Court for the District of Minnesota held that it is unconstitutional under the Second Amendment to require that a permit holder be 21 years of age or older. Minnesota, defending the law, appealed to the U.S. Court of Appeals for the Eighth Circuit. The appeals court agreed with the trial court’s decision, holding that the law is unconstitutional. Minnesota asked the Eighth Circuit to rehear the case en banc, meaning before the full court as opposed to the standard three-judge panel. The Eighth Circuit denied that request.

Brady’s Amicus Brief: Brady filed a brief on the merits before the Eighth Circuit, and a subsequent brief in support of Minnesota’s request for rehearing en banc. Brady’s merits brief demonstrates that restricting access of 18-to-20-year-olds to handguns is consistent with America’s historical tradition of regulating firearm acquisition, possession, and use by groups who were understood to be dangerous. 

Brady’s brief explains that 18-to-20-year-olds are, as a group, particularly dangerous as compared with other groups when armed with a firearm. The brief cites scientific studies to show that 18-to-20-year-olds do not have a fully developed prefrontal cortex, the part of the brain that controls impulsivity and emotional regulation. This leads to riskier behaviors. Statistics bear out the danger that results: 18-to-20-year-olds are at a disproportionately high risk for involvement in homicide, violent crimes, and firearm suicide. Finally, the brief explains the stakes: laws of this kind are effective at reducing gun violence. Brady’s brief in support of the en banc petition explains the negative impact on gun violence prevention of the Eighth Circuit’s decision finding the law unconstitutional, the decision’s conflict with binding precedent, and the historical traditions that support Minnesota’s law.