In a groundbreaking decision, a federal appeals court has declared unconstitutional Pennsylvania laws that prohibited 18- to 20-year-olds from carrying firearms in public during a state of emergency. The 3rd U.S. Circuit Court of Appeals, based in Philadelphia, asserted in a 2-1 vote that the U.S. Constitution’s Second Amendment extends the right to keep and bear arms to adults under the age of 21.
This ruling comes on the heels of the Supreme Court’s transformative decision in June 2022, in the case of New York State Rifle & Pistol Association v. Bruen. The conservative majority in the Supreme Court expanded gun rights by acknowledging the individual’s right to carry a handgun in public for self-defense. The decision also set a new standard for assessing firearms laws, requiring restrictions to align with the nation’s historical tradition of firearm regulation.
U.S. Circuit Judge Kent Jordan, in the majority opinion, emphasized that the Second Amendment encompasses all adult Americans, including those aged 18 to 20. He pointed out the absence of any founding-era law supporting the disarming of individuals in that age group. The opinion, shared by fellow Republican appointee U.S. Circuit Judge D. Brooks Smith, stands as a significant victory for proponents of broader gun rights.
However, U.S. Circuit Judge L. Felipe Restrepo, appointed by Democratic former President Barack Obama, dissented, arguing that the Second Amendment did not extend to individuals under 21.
The ruling celebrates a triumph for the Second Amendment Foundation and Firearms Policy Coalition, along with several young Pennsylvanians, who jointly filed a lawsuit in 2020 challenging the state’s restrictions on 18- to 20-year-olds carrying guns. Adam Kraut, the Executive Director of the Second Amendment Foundation, expressed satisfaction, stating, “Today’s ruling ensures that these individuals have the ability to defend themselves during a state of emergency.”
Pennsylvania Attorney General Michelle Henry, a Democrat who defended the state’s laws in court, expressed disappointment with the ruling and is considering options for further appeal. The state’s current law mandates individuals to be at least 21 years old to apply for a license to carry concealed firearms. While unlicensed individuals can openly carry guns, a state statute previously prohibited carrying firearms on public streets or property during a state of emergency unless individuals had a license or fell into specific exceptions.
This landmark decision reshapes the landscape of gun regulations in Pennsylvania, further defining the boundaries of the Second Amendment and expanding the rights of young adults to bear arms in public.
