A federal appeals court declared that Pennsylvania laws prohibiting individuals aged 18 to 20 from carrying firearms in public during a state of emergency are unconstitutional. The decision cited a landmark U.S. Supreme Court ruling that expanded gun rights.
The 3rd U.S. Circuit Court of Appeals in Philadelphia, through a 2-1 vote, affirmed that the right to keep and bear arms under the U.S. Constitution’s Second Amendment extends to adults under the age of 21.
This ruling is the latest example of a court striking down a gun law following the Supreme Court’s conservative majority changing the landscape of firearms regulation with its June 2022 decision in New York State Rifle & Pistol Association v. Bruen.
For the first time, the New York State Rifle & Pistol Association v. Bruen ruling acknowledged that the Second Amendment safeguards an individual’s right to carry a handgun in public for self-defense. It also introduced a new standard for evaluating firearms laws, asserting that restrictions must be “consistent with this nation’s historical tradition of firearm regulation.”
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U.S. Circuit Judge Kent Jordan, in the opinion delivered in the ruling, stated that the “Words ‘the people’ in the Second Amendment presumptively encompass all adult Americans, including 18- to 20-year-olds, and we are aware of no founding-era law that supports disarming people in that age group.”
His opinion received support from U.S. Circuit Judge D. Brooks Smith, an appointee of Republican former President George W. Bush. U.S. Circuit Judge L. Felipe Restrepo, appointed by Democratic former President Obama, dissented, asserting that the Second Amendment did not cover individuals under 21.
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“Today’s ruling ensures that these individuals can defend themselves during a state of emergency,” stated Adam Kraut, the Executive Director of the Second Amendment Foundation.
Representatives for Pennsylvania Attorney General Michelle Henry, a Democrat who defended the state’s laws in court, did not respond to a request for comment. It’s worth noting that under Pennsylvania law, individuals must be at least 21 years old to apply for a license to carry concealed firearms.
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The decision marked a triumph for the Second Amendment Foundation and Firearms Policy Coalition, along with several young Pennsylvanians, who filed a lawsuit in 2020 challenging the state restrictions on 18- to 20-year-olds carrying guns.
Under normal circumstances, unlicensed individuals could still openly carry guns. However, a state statute in Pennsylvania prohibited people from carrying firearms on public streets or property during a state of emergency unless they had a license or fell into a different category of exceptions.
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