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You are at:Home » Legal Victory Secured for Young Adults in Pennsylvania Open Carry Case
2nd Amendment

Legal Victory Secured for Young Adults in Pennsylvania Open Carry Case

Dewey LewisBy Dewey LewisJanuary 15, 2025No Comments3 Mins Read
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Legal Victory Secured for Young Adults in Pennsylvania Open Carry Case
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The Second Amendment Foundation (SAF) scored a significant legal victory for young adults in Pennsylvania as the Third U.S. Circuit Court of Appeals ruled 2-1 to block the state police from arresting law-abiding 18-20-year-olds for openly carrying firearms during a declared state of emergency. The case, Madison Lara v. Commissioner Pennsylvania State Police, marks the second time the Third Circuit has ruled in SAF’s favor.

Joining SAF in the case were the Firearms Policy Coalition and three private citizens, including lead plaintiff Madison Lara. Represented by a legal team from Cooper & Kirk in Washington, D.C., and the Civil Rights Defense Firm in Pennsylvania, the plaintiffs successfully argued that the state’s restrictions violated the constitutional rights of young adults.

Circuit Court Upholds Broad Second Amendment Protections

The case has been through a rigorous judicial journey. After the Third Circuit initially ruled in favor of the plaintiffs, the state appealed to the U.S. Supreme Court. The high court remanded the case back to the Third Circuit for reconsideration in light of its recent Rahimi decision. However, the appellate court determined that Rahimi did not alter their analysis and reaffirmed its ruling, ordering the District Court to issue an injunction against the state police.

Writing for the majority, Circuit Judge Kent A. Jordan stated, “It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights such as the right to vote, freedom of speech, the freedom to peaceably assemble, and the right against unreasonable searches and seizures. We therefore reiterate our holding that 18-to-20-year-olds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”

Judge Jordan, a George W. Bush appointee, was joined by Judge D. Brooks Smith, another Bush appointee, while Judge L. Felipe Restrepo, an Obama appointee, dissented.

SAF Stands Firm on Young Adults’ Second Amendment Rights

SAF Director of Legal Operations Bill Sack praised the decision: “SAF has maintained all along that 18-20 year olds are unquestionably part of ‘the people’ contemplated by the Second Amendment who have the same rights to keep and bear that any other adult has. The Third Circuit already agreed with us once, and today it reaffirmed its decision.”

SAF founder and Executive Vice President Alan M. Gottlieb also lauded the ruling, emphasizing that the Second Amendment is inclusive: “There is no language in the Second Amendment that applies only to some age-exclusive subset of the people. We’re delighted the Third Circuit once again has ruled in our favor, and we will continue defending that position.”

This decision strengthens protections for young adults’ right to bear arms and sets a precedent that could resonate in other jurisdictions, reaffirming the Second Amendment’s broad applicability across age groups.

Read the full article here

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