The Second Amendment Foundation (SAF) has achieved a significant legal victory in Pennsylvania, where a panel of the Third U.S. Circuit Court of Appeals ruled 2-1 to block the state police from arresting law-abiding 18-to-20-year-olds for openly carrying firearms during declared states of emergency. The case, Madison Lara v. Commissioner Pennsylvania State Police, has been sent back to the District Court with instructions to issue an injunction in SAF’s favor.
The case was filed by SAF, the Firearms Policy Coalition, and three private citizens, including the plaintiff, Madison Lara. Representing the plaintiffs were attorneys Peter Patterson, Haley N. Proctor, David H. Thompson, and John D. Ohlendorf from Cooper & Kirk in Washington, D.C., alongside Joshua Prince from the Civil Rights Defense Firm in Bechtelsville, PA.
The Third Circuit had previously ruled in SAF’s favor, but the state appealed the decision to the U.S. Supreme Court. The Supreme Court remanded the case to the Third Circuit to reassess in light of its recent decision in Rahimi. After reconsideration, the Third Circuit upheld its original decision, finding that the Rahimi ruling did not alter the legal analysis.
Writing for the majority, Circuit Judge Kent A. Jordan emphasized that 18-to-20-year-olds are protected under the Second Amendment, just as they are under other constitutional rights, including the right to vote, freedom of speech, and protection against unreasonable searches and seizures.
“It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights,” Judge Jordan noted, reiterating that they are also included in the protections of the Second Amendment. He was joined in the majority opinion by Judge D. Brooks Smith. Judge L. Felipe Restrepo dissented.
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SAF Director of Legal Operations Bill Sack expressed satisfaction with the ruling, stating, “SAF has maintained all along that 18-to-20-year-olds are unquestionably part of ‘the people’ contemplated by the Second Amendment who have the same rights to keep and bear arms as any other adult. The Third Circuit reaffirmed that position today, even after reconsidering in light of Rahimi.”
Alan M. Gottlieb, SAF’s founder and Executive Vice President, highlighted the significance of the decision.
“There is no language in the Second Amendment that applies only to some age-exclusive subset of the people,” Gottlieb said. “We’re delighted the Third Circuit once again has ruled in our favor, and we will continue defending that position.”
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The decision reinforces the constitutional rights of young adults under the Second Amendment and sets a precedent for similar cases across the United States. The ruling underscores that age is not a valid barrier to the rights guaranteed by the Constitution, specifically under the Second Amendment.
The District Court will now proceed to issue the mandated injunction in favor of SAF and the plaintiffs, barring the enforcement of Pennsylvania’s law restricting firearm carry for young adults during emergencies.
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