The tide is turning on the contentious issue of young adults’ Second Amendment rights, and a significant win in a key Pennsylvania case marked another victory for constitutional freedoms.
There is further reason to celebrate with the reintroduction of a bill in Congress to bolster gun rights for law-abiding young adults.
Last week, the U.S. Court of Appeals for the Third Circuit upheld its previous ruling by denying a petition for an en banc rehearing of the case.
Lara v. Commissioner of Pennsylvania State Police concerned the state law prohibiting 18-to-20-year-old adults from carrying a loaded weapon away from home during a declared state of emergency.
The law also bans most young adults from acquiring a concealed carry permit.
This latest action confirmed the appeals court decision from January. It further established that young adults under 21 are indeed part of “the people” protected by the Second Amendment.
The Third Circuit struck down the Pennsylvania law in 2024, but the state asked the U.S. Supreme Court for a review. However, in November, the high court vacated and remanded the case to be reheard considering the Rahimi ruling.
In the January action, Judge Kent A. Jordan explained why the ban on young adults carrying firearms outside the home was not allowed to stand.
“We conclude that our prior analysis reflects the approach taken in Bruen and clarified in Rahimi,” Jordan declared in the majority opinion. “We did indeed consider ‘whether the challenged regulation is consistent with the principles that underpin our regulatory tradition,’ not whether a ‘historical twin’ of the regulation exists. Having determined that Rahimi sustains our prior analysis, we will again reverse and remand the District Court’s judgment.”
The majority opinion in last week’s case was not unanimous. Dissenting judges, led by Judge Cheryl Ann Krause, wrote that the Third Circuit should have reconsidered the gun rights case.
She cited multiple 19th century regulations in place in Pennsylvania as justification for denying full Second Amendment rights to young adults.
The majority, however, confirmed that 2022’s landmark Bruen decision supports the appeals court decision.
There is yet more reason to be optimistic that gun rights for young adults are moving in the right direction.
U.S. Rep. Thomas Massie (R-KY) last week reintroduced the Second Amendment for Every Registerable Voter (SAFER) Act. The bill seeks to reduce the federally mandated minimum age to purchase a handgun from a licensed firearm dealer from 21 to 18.
This measure, of course, aligns gun rights with other constitutional protections afforded to an age group that is allowed to serve in the military, vote, and enter into legally binding contracts.
The SAFER Act would amend the U.S. Code and remove the ban on buying a handgun through a Federal Firearm Licensee (FFL) for persons under 21.
Massie noted the inconsistent application of federal law regarding young adults and asked, “Why should a 20-year-old mom be denied the right to defend herself?”
The representative added, “as adults, these Americans should not be deprived of basic constitutional rights.”
Adults under 21 are legally permitted to own a handgun in most states, but the federal government strictly regulates the method of acquisition. Young adults may obtain these weapons through private sales or as gifts, but they may not purchase one from an FFL.
Gun Owners of America (GOA) rallied support behind Massie’s proposal. “The current 18-to-20-year-old handgun ban says that the Second Amendment is a second-class right, relegated to the backwaters of the Constitution. Gun-grabbers believe that if they can disarm young people in the years prior to turning 21, they can discourage and depress gun ownership for a new generation of Americans.”
Between the Third Circuit’s significant ruling and Massie’s bill, strong momentum is gathering in favor of affirming Second Amendment rights for all law-abiding U.S. adults.
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