Today, Chief Counsel Joshua Prince secured a major victory for Second Amendment jurisprudence in Lara, et al. v. Commissioner of the Pennsylvania State Police, docket no. 21-1832, where the Third Circuit held that Pennsylvania’s banning of 18-to-21-year-olds from carrying firearms outside of their homes during a state of emergency is unconstitutional.
In so holding, the Third Circuit declared
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.
In that vein, the court went on to emphasize that
It is undisputed that 18-to-20-year-olds are among “the people” for other constitutional rights such as the right to vote (U.S. Const. art. I, § 2; id. amend. XVII), freedom of speech, peaceable assembly, government petitions (id. amend. I), and the right against unreasonable government searches and seizures (id. amend. IV)…and there is no reason to adopt an inconsistent reading of “the people.”
In turning to whether the relevant historical timeframe is 1791 (ratification of the Second Amendment) or 1868 (ratification of the Fourteenth Amendment), the court declared
[That] to maintain consistency in our interpretation of constitutional provisions, we hold that the Second Amendment should be understood according to its public meaning in 1791.
In turning to the statutory sections at issue, the court acknowledged that
[t]aken together, §§ 6106, 6107, and 6109 – when combined with a state or municipal emergency declaration – have the practical effect of preventing most 18-to-20-year-old adult Pennsylvanians from carrying firearms
and that “that the Commissioner cannot point us to a single founding-era statute imposing restrictions on the freedom of 18-to-20-year-olds to carry guns.”
Accordingly, the Third Circuit remanded the issue with “instructions to enter an injunction forbidding the Commissioner from arresting law-abiding 18-to-20-year-olds who openly carry firearms during a state of emergency declared by the Commonwealth.”