{"id":99400,"date":"2024-01-18T15:26:20","date_gmt":"2024-01-18T21:26:20","guid":{"rendered":"https:\/\/milesfortis.com\/?p=99400"},"modified":"2024-01-18T15:26:20","modified_gmt":"2024-01-18T21:26:20","slug":"99400","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=99400","title":{"rendered":""},"content":{"rendered":"

MONUMENTAL DECISION: THIRD CIRCUIT RULES THAT THE SECOND AMENDMENT APPLIES THOSE 18 YEARS OF AGE AND OLDER<\/a><\/p>\n

Today,\u00a0Chief Counsel Joshua Prince<\/a>\u00a0secured a major victory for Second Amendment jurisprudence in\u00a0Lara, et al. v. Commissioner of the Pennsylvania State Police<\/a><\/em>, docket no. 21-1832, where the Third Circuit held that Pennsylvania\u2019s banning of 18-to-21-year-olds from carrying firearms outside of their homes during a state of emergency is unconstitutional.<\/strong><\/p>\n

In so holding, the Third Circuit declared<\/p>\n

The words \u201cthe people\u201d 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.<\/strong><\/span><\/p><\/blockquote>\n

In that vein, the court went on to emphasize that<\/p>\n

It is undisputed that 18-to-20-year-olds are among \u201cthe people\u201d for other constitutional rights such as the right to vote (U.S. Const. art. I, \u00a7 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)\u2026and there is no reason to adopt an inconsistent reading of \u201cthe people.\u201d<\/strong><\/span><\/p><\/blockquote>\n

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<\/p>\n

[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.<\/strong><\/span><\/p><\/blockquote>\n

In turning to the statutory sections at issue, the court acknowledged that<\/p>\n

[t]aken together, \u00a7\u00a7 6106, 6107, and 6109 \u2013 when combined with a state or municipal emergency declaration \u2013 have the practical effect of preventing most 18-to-20-year-old adult Pennsylvanians from carrying firearms<\/span><\/strong><\/span><\/p><\/blockquote>\n

and that \u201cthat 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.\u201d<\/strong><\/p>\n

Accordingly, the Third Circuit remanded the issue with \u201cinstructions 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.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

MONUMENTAL DECISION: THIRD CIRCUIT RULES THAT THE SECOND AMENDMENT APPLIES THOSE 18 YEARS OF AGE AND OLDER Today,\u00a0Chief Counsel Joshua Prince\u00a0secured a major victory for Second Amendment jurisprudence in\u00a0Lara, et al. v. Commissioner of the Pennsylvania State Police, docket no. 21-1832, where the Third Circuit held that Pennsylvania\u2019s banning of 18-to-21-year-olds from carrying firearms outside … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,24,8],"tags":[],"class_list":["post-99400","post","type-post","status-publish","format-standard","hentry","category-courts","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99400","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=99400"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99400\/revisions"}],"predecessor-version":[{"id":99401,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/99400\/revisions\/99401"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=99400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=99400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=99400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}