Kare11
Ban on gun carry permits for young adults ruled unconstitutional
Attorney General Keith Ellison, whose office represented the state in the case, says he’s “extremely disappointed” by the ruling.
MINNEAPOLIS — Minnesota’s law that bans people ages 18 to 20 from getting permits to carry guns in public is unconstitutional, a federal appeals court ruled Tuesday, affirming a lower court decision that concluded the Second Amendment guarantees the rights of young adults to bear arms for self-defense.
“Minnesota has not met its burden to proffer sufficient evidence to rebut the presumption that 18 to 20-year-olds seeking to carry handguns in public for self-defense are protected by the right to keep and bear arms,” the 8th U.S. Circuit Court of Appeals ruled.
The three-judge panel cited a landmark U.S. Supreme Court decision that expanded gun rights in 2022 and a major decision last month that upheld a federal gun control law that is intended to protect victims of domestic violence.
U.S. District Judge Katherine Menendez reluctantly struck down the Minnesota law in March of 2023 but granted the state’s emergency motion for a stay, keeping the ban in place until the state’s appeal could be resolved. Her ruling was an example of how the 2022 Supreme Court case, known as the Bruen decision, upended gun laws nationwide, dividing courts and sowing confusion over what restrictions can remain in force.
The Bruen decision, which was the conservative-led high court’s biggest gun ruling in more than a decade, held that Americans have a right to carry firearms in public for self-defense. And it established a new test for evaluating challenges to gun restrictions, saying courts must now ask whether restrictions are consistent with the country’s “historical tradition of firearm regulation.”
Attorney General Keith Ellison, whose office represented the state in the case, said he was “extremely disappointed” in the ruling.
“This epidemic of gun violence will continue unabated unless we do something about it,” Ellison said in a statement. “Unfortunately, the Supreme Court’s Bruen ruling made that far more difficult by opening the floodgates to litigation from gun advocacy groups looking to undo reasonable safety legislation.. … The people of Minnesota want and deserve solutions that reduce shootings and improve public safety, and today’s ruling only makes that more difficult.”
The state argued to the appeals court that Second Amendment protections should not apply to 18 to 20-year-olds, even if they’re law-abiding, because the states have always had the authority to regulate guns in the hands of irresponsible or dangerous groups of people. The state argued that people under the age of 21 aren’t competent to make responsible decisions about guns, and that they pose a danger to themselves and others as a result.
But the appeals court said the plain text of the Second Amendment does not set an age limit, so ordinary, law-abiding young adults are presumed to be protected. And it said crime statistics provided by the state for the case don’t justify a conclusion that 18 to 20-year-olds who are otherwise eligible for carry permits present an unacceptable risk of danger.
Rob Doar, senior vice president for government affairs of the Minnesota Gun Owners Caucus, which sued to overturn the law, said people who hold carry permits are “overwhelmingly law-abiding.” He said Minnesota 18 to 20-year-olds should be able to begin applying for carry permits effective immediately, assuming they meet the same legal requirements as other adults, which include training from a certified instructor and background checks.
Ellison noted that the ruling came down just three days after a 20-year-old in Pennsylvania shot and wounded former President Donald Trump with a gun purchased by his father. Pennsylvania requires applicants for permits to carry concealed firearms to be 21. Open carry is generally allowed everywhere in Pennsylvania except Philadelphia.
The council argues that the HERC must be closed to comply with the city’s zero waste policy, which was passed back in 2017.
MINNEAPOLIS — The Minneapolis City Council unanimously approved a plan to shut down the Hennepin Energy Recovery Center (HERC) on Thursday.
The resolution comes after decades of protests against the massive North Loop trash incinerator that burns roughly 365,000 tons of garbage a year.
“Today is a big step towards protecting the health of our communities and addressing longstanding environmental injustices that disproportionately impact communities of color,” said councilmember Robin Wonsley, in a statement.
The resolution calls for the incinerator to be permanently closed by Dec 31, 2027 and for the entire facility to be shut down by Dec 31, 2033.
The council argues that the HERC must be closed to comply with the city’s zero waste policy, which was passed back in 2017.
In October 2023, the Hennepin County Board signed off on a plan to close the HERC between 2028 and 2040, depending on how quickly the county can transition into a zero-waste system.
Of the garbage burned at the HERC, 75% comes from the city of Minneapolis. The other 25% comes from a dozen other cities in the area. The HERC produces enough energy to power more than 25,000 homes and half the buildings in downtown Minneapolis.
At a City Council Meeting on Oct. 10, Jenni Lansing with the City of Minneapolis Health Department provided analysis on the air pollution impacts of HERC. She said the health department supports working towards a zero-waste future and the ultimate closure of HERC, but said closing it now is not the solution.
“Overall emissions in Hennepin County are dominated by on-road and non-road, mobile and nonpoint sources, and these sources drive the cancer and non-cancer risks to health in Minneapolis,” Lansing said.
Hennepin County defines zero waste as preventing 90% or more of all discarded materials from being landfilled or incinerated.
This is a developing story and will be updated as more information becomes available.
The snow is really coming down in some places with Maple Lake getting 3.5″ so far.
GOLDEN VALLEY, Minn. — The wettest Halloween storm ever — is making mischief before little trick-or-treaters hit their neighborhood’s slushy streets.
Officials are reporting several power outages and car spin-outs.
There have been over 14,000 power outages, according to Xcel Energy.
The Minnesota State Patrol has responded to 169 crashes and 94 vehicles off the road, as of 2. pm. Thursday.
Meteorologist Beny Dery said an additional 1 to 2″ of snow is possible before things taper off this evening.
So far some of the totals around town are: 3.5″ Maple Lake, 3.0″ Buffalo, 2.5″ Dassel, 2.4″ Windom, 2.0″ St. Bonifacious, 1.5″ Maple Plain and 1.5″ in Bethel.
The snow is expected to let up from west to east and should wrap up for the metro between 5 to 6 p.m.
Last week, prosecutors charged John Sawchak with attempted 2nd-degree murder and other felony charges after he allegedly shot his neighbor Davis Moturi.
MINNEAPOLIS — Following the shooting between two neighbors, the Minneapolis City Council voted unanimously to request that the city’s auditor conduct an independent investigation into the incidents and cases between Davis Moturi and John Sawchak.
Moturi was allegedly shot by his neighbor, Sawchak, on Wednesday, Oct. 23 but Minneapolis police did not arrest Sawchak until days later.
Minneapolis Police Chief Brian O’Hara defended not arresting Sawchak sooner, calling it a “high-risk” situation. O’Hara later said the victim, who had complained about harassment from Sawchak for months, was failed by police. Sawchak was arrested this past weekend after an hours-long standoff.
Moturi suffered a fractured spine, two broken ribs, and a concussion in the shooting. “Mr. Moturi’s life matters and I’m sorry that for nearly a year, MPD did not treat it like it did,” said Council Member Robin Wonsley in a news release, “Today’s vote affirms that the City Council is committed to taking meaningful actions towards accountability and restoration, starting with this independent review.”
Meanwhile, a spokesperson for Minneapolis Mayor Jacob Frey released this statement:
“Mayor Frey fully supports an independent review of this incident. The mayor and City are committed to always doing better, and this means closely examining past actions and finding where there may be ways to improve and grow. The mayor extends his condolences to Davis Moturi, his wife, Caroline, and their family and friends. The safety of our residents is a top priority and any form of violence or hate speech is completely unacceptable and does not align with who we are as a community. Brian O’Hara will continue to be the Minneapolis Police Chief.”
