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Judge strikes down Minnesota ban on permit to carry law for applicants under 21

Gun safety advocates push for reform at state capitol
Gun safety advocates push for reform at state capitol 02:35

MINNEAPOLIS -- A judge has sided with the Minnesota Gun Owners Caucus in a lawsuit aimed at the state's permit to carry law, which required applicants to be at least 21 years old.

Judge Katherine Menendez declared that the age limit violated the rights of 18- to 20-year-olds to bear arms, as protected in the Second and Fourteenth Amendment.

The lawsuit was filed against Commissioner of Public Safety John Harrington and the sheriffs of Mille Lacs, Douglas, and Washington counties, where three additional plaintiffs live. 

The lawsuit said the plaintiffs, who are between the ages of 18 and 20, "wish to carry pistols for self defense, but don't because they do not want to be subject to arrest or prosecution for violating the permitting requirement."

Chair of the Minnesota Gun Owners Caucus Bryan Strawser called Menendez's decision "a resounding victory for 18- to 20-year-old adults who wish to exercise their constitutional right to bear arms."

Meanwhile at the state capitol, gun safety advocates are looking to secure two victories this session on policies they've been pushing for years: expanding background checks and implementing a "red flag" law.

Federal law requires background checks for all gun purposes, but there are loopholes for some sales; the bill at the capitol would extend screenings to all sales and transfers, including private loans and gifts. The "red flag" policy would allow law enforcement or a family member to petition a court to temporarily restrict a person's access to firearms if deemed a harm to themselves or others.

Several other proposals - including raising the age to buy a military-style weapon to 21 and mandatory reporting of lost or stolen firearms - likely will not make it past the finish line this session.

President Joe Biden has called on Congress yet again to act on passing an assault weapons ban in the wake of a mass shooting at a Nashville school which left six dead, including three students. 

The Giffords Law Center, which ranks all states on the strength of their gun laws, gave Minnesota a C+ ranking, citing the need for universal background checks and investing in community violence intervention programs. 

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