From the Firearms Policy Coalition . . .
Yesterday, counsel for Firearms Policy Coalition (FPC) filed a motion for a preliminary injunction and expedited trial on the merits in a federal court case, Lara v. Evanchick, challenging Pennsylvania’s ban on handgun carry as to adults under the age of 21. The motion can be found at FPCLegal.org.
The brief, filed by Cooper & Kirk, Joshua Prince, and FPC Director of Legal Strategy Adam Kraut, argues that Pennsylvania’s laws not only criminalize the carry of loaded, operable firearms by the plaintiffs, it prevents them from acquiring a license to carry, completely foreclosing their exercise of the fundamental right to bear arms. That policy, they say, is flatly unconstitutional, foreclosed by the Second Amendment and the Supreme Court’s precedents, and must be enjoined.
“The constitution guarantees the right of all law-abiding, adult citizens to carry firearms for self-defense,” explained Pete Patterson of Cooper & Kirk. “Pennsylvania’s flat denial of this right to 18-20-year-old adults cannot be squared with this constitutional guarantee.”
“Our law-abiding adult clients, and all young adults in the Commonwealth, have a fundamental constitutional right to carry and transport firearms, but Pennsylvania’s discriminatory law prevents them from getting a license to carry. And especially now, in the state of emergency declared by Governor Wolf, they cannot carry in any manner at any time whatsoever. That is unconstitutional and offensive to our founding principles,” said attorney Joshua Prince of the Civil Rights Defense Firm.
“The Commonwealth’s criminal laws, combined with the State’s ban on applying for and acquiring a license to carry, amount to a total ban on the right and ability of our law-abiding adult clients to carry a firearm outside of their home for self-defense,” said FPC’s Adam Kraut. “The destruction of the right to bear arms outside the home for individuals who are over the age of eighteen but not yet twenty-one defies logic and squarely flies in the face of the Second Amendment.”
“This case and our other lawsuits challenging age-based bans are about fighting for the rights of America’s young adults, protecting the rights and liberties of future generations, and restoring the Second Amendment for all individuals,” said FPC President Brandon Combs. “The rights of young people are incredibly important to FPC, and that is why we have made fighting for them a priority in our broader strategy to advance individual liberty and freedom.”
Recently, Firearms Policy Coalition has filed several major federal Second Amendment lawsuits, including challenges to the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw),California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.
The Lara v. Evanchick case is another important lawsuit filed as part of FPC’s comprehensive strategy to defend freedom, advance individual liberty, and restore the Constitution and its guarantees for individuals throughout the United States. Individuals who wish to support the lawsuit can do so at JoinFPC.org and www.firearmspolicy.org/lara.