A three-judge panel in the 8th U.S. Circuit Court of Appeals has handed down a unanimous 27-page ruling that Minnesota’s ban on concealed carry by young adults is unconstitutional under the Second Amendment, giving a victory to the Second Amendment Foundation and its partners.
SAF is joined in the lawsuit, known as Worth v. Jacobson, by the Firearms Policy Coalition, Minnesota Gun Owners Caucus and four citizens, Austin Dye, Alex Anderson, Joe Knudsen and Kristin Worth, for whom the case is known. They are represented by attorneys Blair W. Nelson in Bemidji, Minn., and David H. Thompson, Peter A. Patterson and William V. Bergstrom at Cooper & Kirk in Washington, D.C.
Acknowledging that the right to keep and bear arms is a natural right, Circuit Judge Duane Benton observed, “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.’”
Judge Benton adds, “Importantly, the Second Amendment’s plain text does not have an age limit…. Ordinary, law-abiding 18 to 20-year-old Minnesotans are unambiguously members of the people. Because the plain text of the Second Amendment covers the plaintiffs and their conduct, it is presumptively constitutionally protected…
“Minnesota has not met its burden to proffer sufficient evidence,” he concludes. “The Carry Ban…violates the Second Amendment as applied to Minnesota through the Fourteenth Amendment, and, thus, is unconstitutional.”
“This is a significant victory for the rights of young adults,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It is one more step in our crusade to win firearms freedom one lawsuit at a time.”
“We are encouraged that, yet another circuit court has correctly concluded that 18-20-year-olds are, in fact, part of ‘the People’ to which the Second Amendment extends,” added SAF Executive Director Adam Kraut. “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.”
Sergeant Martin was 15 when he joined the Continental Army. From his own writing (the only significant writing about an enlisted in the Continental Army) he makes clear his age was not unusual. Any age ban is an infringement: If the soldiers of the Continental Army are not protected by the Constitution, who is?
” If the soldiers of the Continental Army are not protected by the Constitution, who is?”
The Constitution did not exist when the Continental Army was fighting.
But the “right of the people to keep and bear arms” existed before the Constitution as well. The Second Amendment prohibits “infringing” upon that right.