Ban on youths carrying guns in emergencies violates Second Amendment, 3rd Circuit rules

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Second Amendment Ban on youths carrying guns in emergencies violates Second Amendment, 3rd Circuit rules

By Debra Cassens Weiss

January 22, 2024, 3:38 pm CST

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Youths who are 18 to 20 years old are among the people protected by the Second Amendment, and they can’t be barred from carrying guns during a state of emergency, a federal appeals court has ruled in a 2-1 decision. (Image from Shutterstock)

Youths who are 18 to 20 years old are among the people protected by the Second Amendment, and they can’t be barred from carrying guns during a state of emergency, a federal appeals court has ruled in a 2-1 decision.

The 3rd U.S. Circuit Court of Appeals at Philadelphia ruled Jan. 18 that such a restriction in Pennsylvania violated the Second Amendment. The appeals court looked to historical tradition in evaluating the laws, as required by the 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association Inc. v. Bruen.

“We understand that a reasonable debate can be had over allowing young adults to be armed, but the issue before us is a narrow one,” wrote Judge Kent A. Jordan for the majority. “Our question is whether the [Pennsylvania state police] commissioner has borne his burden of proving that evidence of founding-era regulations supports Pennsylvania’s restriction on 18-to-20-year-olds’ Second Amendment rights, and the answer to that is no.”

Jordan is an appointee of former President George W. Bush.

Reuters and Bloomberg Law have coverage noted by How Appealing, which also linked to the decision.

The plaintiffs challenging the law were three Pennsylvania residents, the Second Amendment Foundation and the Firearms Policy Coalition.

The case is Lara v. Commissioner Pennsylvania State Police.

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