Gun grabbers know that the Constitution stands in the way of their ultimate goal — to terminate the right to keep and bear arms. Therefore, they nibble around the edges and undertake every imaginable action to whittle the right down to nothing.
Recently, some states attempted to claim that young adults are not part of “the people” protected by the Bill of Rights.
Minnesota’s long-winded attempts to deny Second Amendment rights to young adults were terminated late last week by the U.S. Eighth Circuit Court of Appeals. The panel ruled that the effort to prevent 18 to 20-year-olds from legally carrying was unconstitutional.
In doing so, the appeals court denied Minnesota’s petition for a full court review of Worth v. Jacobson.
Much credit goes to the Second Amendment Foundation (SAF), the Firearms Policy Coalition (FPC) and the Minnesota Gun Owner’s Caucus for doggedly pursuing this case.
The trio and three private citizen plaintiffs fought the Minnesota Attorney General’s Office through multiple courts.
In April 2023, U.S. District Court Judge Katherine Menendez ruled in favor of the Second Amendment advocates. However, she did not issue an injunction while the state appealed her decision.
Then, this past July, the Eighth Circuit was unanimous in finding that the Second Amendment did not include an age clause.
Judge William Benton explained for the court the constitutional basis for the ruling. “The Founders considered age and knew how to set age requirements but placed no such restrictions on rights, including those protected by the Second Amendment.”
Benton added more context to the decision. “First, the right to keep and bear arms ‘is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second Amendment declares that it shall not be infringed.”
The judge continued. There is obviously no age limit within the Second Amendment, and “ordinary, law-abiding 18 to 20-year-old Minnesotans are unambiguously members of the people.”
For example, there are specific age restrictions on holding various federal offices. If the Framers intended to bar adults of a certain age from exercising their Second Amendment rights, they indeed would have included this stipulation in the Constitution and Bill of Rights.
The State of Minnesota was not satisfied with Benton and his colleagues’ ruling and attempted to have the case reheard. This could have been done by the same panel or the entire Eighth Circuit, but the appeals court rejected both requests last month.
This led directly to Friday’s edict, effectively ending the AG’s crusade to deny gun rights to young adults.
The state could still choose to appeal to the U.S. Supreme Court, but its chances for success before the high court are doubtful at best.
SAF founder and Executive Vice President Alan M. Gottlieb celebrated the court win. “This is a significant victory for the rights of young adults. It is one more step in our crusade to win firearms freedom one lawsuit at a time.”
Executive Director Adam Kraut added that yet another court determined that young adults 18 to 20 are indeed part of “the people” whose rights shall not be infringed. “This nation’s history and tradition demonstrate that the bans affecting young adults are not consistent with the right to keep and bear arms, and SAF will continue to aggressively challenge these bans which create a tiered system of constitutional rights.”
FPC President Brandon Combs took direct aim at Minnesota leaders who actively seek to undermine the Second Amendment.
Combs declared, “This order marks the latest in Minnesota’s unbroken series of losses in our case against this unconstitutional carry ban. Perhaps Gov. Tim Walz (D) and Attorney General Keith Ellison (D) should focus on complying with the Constitution rather than playing politics.”
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