Jeffrey Johnson, Sr. v. Bob Jacobson

── Jeffrey Johnson, Sr. v. Bob Jacobson ── Court: Court of Appeals for the Eighth Circuit Date: May 26, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-3036 ___________________________ David A. McCoy, II Plaintiff Jeffrey M. Johnson, Sr. Plaintiff - Appellant v. Bob Jacobson, His official capacity as the Commissioner of the Minnesota Department of Public Safety Defendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: March 18, 2026 Filed: May 26, 2026 ____________ Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges. ____________ GRASZ, Circuit Judge. Jeffrey M. Johnson, Sr. is a long-haul truck driver who resides in Georgia and wishes to carry a firearm when driving through Minnesota, even though he lacks a Minnesota-issued permit to carry as required by Minnesota law. Instead, Johnson seeks to carry in Minnesota because he possesses permits issued by Georgia and Florida. While Minnesota grants reciprocity to certain out-of-state permits, it does not recognize Georgia or Florida permits. So Johnson sued Minnesota Department of Public Safety Commissioner Bob Jacobson in his official capacity, seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and alleging that Minnesota’s permit reciprocity statute violates the Second Amendment. The district court1 dismissed Johnson’s Second Amendment claim, and he appeals. We affirm. I. Analysis We review de novo the constitutionality of a statute and the grant of a motion to dismiss for failure to state a claim. United States v. Charles, 159 F.4th 545, 546 (8th Cir. 2025); Mitchell v. Saint Louis County, 160 F.4th 950, 956 (8th Cir. 2025). In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court prescribed a two-step inquiry for Second Amendment claims. See 597 U.S. 1, 24 (2022). At step one, we must consider whether the challenged restriction regulates conduct covered by the Second Amendment’s plain text (i.e., arms-bearing conduct). See id.; United States v. Rahimi, 602 U.S. 680, 691 (2024). If so, the government “bears the burden to ‘justify its regulation.’” Rahimi, 602 U.S. at 691 (quoting Bruen, 597 U.S. at 24). At step two, the government must meet its burden by showing “that the restriction ‘is consistent with the Nation’s historical tradition of firearm regulation.’” Id. at 689 (quoting Bruen, 597 U.S. at 24). Minnesota prohibits anyone from publicly carrying a pistol in the state without first obtaining a permit to carry from one of its county sheriffs. Minn. Stat. § 624.714, subds. 1a, 2. Permits must be issued to residents and nonresidents alike who meet the state’s statutory requirements. Id. § 624.714, subd. 2(a)–(b). Minnesota also recognizes out-of-state permits issued by states that have permitting 1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota. -2- requirements similar to Minnesota’s. See id. § 624.714, subd. 16(a). Permitholders from recognized states may use their permits to carry in Minnesota as if they were Minnesota-issued permits. See id. Johnson’s Second Amendment challenge fails at Bruen step one because Minnesota’s reciprocity statute, standing alone, does not regulate arms-bearing conduct. See id. Though publicly carrying a firearm in Minnesota is covered by the Se