Attorney General Bonta Supports Commonsense Gun Laws Allowing States to Set Age-Based Restrictions for Firearms

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, filed a brief in support of a Minnesota law setting the minimum age at 21 for securing a permit to carry a handgun in public. The case, Worth v. Jacobson, is currently pending in the U.S. Court of Appeals for the Eighth Circuit; a three-judge panel of that court affirmed the district court’s decision striking down the law as unconstitutional under the Second Amendment, and Minnesota now seeks rehearing before the panel or the full court. The coalition’s brief argues that rehearing is warranted because the panel’s reasoning could undermine efforts by states to protect their citizens through the application of similar age-limitations laws. Most states across the nation impose some age-based restrictions on the possession, purchase, transfer, or use of firearms to promote public safety and curb gun violence within their borders. 

“We stand with Minnesota and other states in their efforts to curb gun violence through these kinds of commonsense firearm regulations aimed at improving public safety,” said Attorney General Bonta. “States must have the ability to protect their citizens and communities from gun violence. The panel’s decision affirming the district court's decision invalidating. Minnesota's law is inconsistent with our nation's historical tradition, as well as longstanding state and federal laws imposing age-based restrictions on the purchase, transfer, use, and possession of firearms.” 

In the brief, the states assert that Minnesota’s law is constitutional under the Second Amendment and is consistent with states’ authority and a historical tradition of state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision striking down Minnesota’s law misapplies the U.S. Supreme Court’s decisions in New York State Rifle & Pistol Association v. Bruen and United States v. Rahimi, which preserves states’ authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.” Specifically, the brief argues:

• The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition, and states have long exercised this power by enacting laws to promote safety, prevent crime, and minimize gun violence within their borders.
• Minnesota’s age-based restrictions are consistent with measures taken by other states and fall comfortably within states’ authority to regulate firearms. A majority of states and the District of Columbia impose age-based restrictions regarding the use, purchase, or possession of firearms, and a majority of states have determined that imposing age-based restrictions on the sale or use of firearms is necessary to promote public safety and curb gun violence. 

Attorney General Bonta joins the attorneys general of Illinois, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in filing the brief.

A copy of the brief can be found here.