The Second Amendment Foundation (SAF) scored a significant legal victory for young adults in Pennsylvania as the Third U.S. Circuit Court of Appeals ruled 2-1 to block the state police from arresting law-abiding 18-20-year-olds for openly carrying firearms during a declared state of emergency. The case, Madison Lara v. Commissioner Pennsylvania State Police, marks the second time the Third Circuit has ruled in SAF’s favor.

Joining SAF in the case were the Firearms Policy Coalition and three private citizens, including lead plaintiff Madison Lara. Represented by a legal team from Cooper & Kirk in Washington, D.C., and the Civil Rights Defense Firm in Pennsylvania, the plaintiffs successfully argued that the state’s restrictions violated the constitutional rights of young adults.

Circuit Court Upholds Broad Second Amendment Protections

The case has been through a rigorous judicial journey. After the Third Circuit initially ruled in favor of the plaintiffs, the state appealed to the U.S. Supreme Court. The high court remanded the case back to the Third Circuit for reconsideration in light of its recent Rahimi decision. However, the appellate court determined that Rahimi did not alter their analysis and reaffirmed its ruling, ordering the District Court to issue an injunction against the state police.

Writing for the majority, Circuit Judge Kent A. Jordan stated, “It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights such as the right to vote, freedom of speech, the freedom to peaceably assemble, and the right against unreasonable searches and seizures. We therefore reiterate our holding that 18-to-20-year-olds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”

Judge Jordan, a George W. Bush appointee, was joined by Judge D. Brooks Smith, another Bush appointee, while Judge L. Felipe Restrepo, an Obama appointee, dissented.

SAF Stands Firm on Young Adults’ Second Amendment Rights

SAF Director of Legal Operations Bill Sack praised the decision: “SAF has maintained all along that 18-20 year olds are unquestionably part of ‘the people’ contemplated by the Second Amendment who have the same rights to keep and bear that any other adult has. The Third Circuit already agreed with us once, and today it reaffirmed its decision.”

SAF founder and Executive Vice President Alan M. Gottlieb also lauded the ruling, emphasizing that the Second Amendment is inclusive: “There is no language in the Second Amendment that applies only to some age-exclusive subset of the people. We’re delighted the Third Circuit once again has ruled in our favor, and we will continue defending that position.”

This decision strengthens protections for young adults’ right to bear arms and sets a precedent that could resonate in other jurisdictions, reaffirming the Second Amendment’s broad applicability across age groups.

30 COMMENTS

  1. Great, now do New Jersey (the state where gun rights go to die).
    It seems like gun owners have won victories since Bruen in every state except for New Jersey.

    • There are still a few pending in California, some of them for a lengthy period of time. We assume that this is likely due to the Ninth Circuit’s majority’s unwillingness to apply Bruen, a decision with which it vehemently disagrees but cannot overrule. Or they are being held to see how the last election turned out, perhaps hoping that some of Trump’s appointees would be replaced by impeachment or death.

    • Your permits went from near unobtanium to fairly ok (compared to NY) but much like here you have a system that will fight every inch of rollback of their infringements. Think of it as being the reason we have warning labels on products just it being lawfare for civil liberties.

    • DDG,

      I live in a state with very oppressive aspects of firearm laws, although not quite as egregious as New Jersey, New York, nor California. As far as I can ascertain, no one has filed any lawsuits against my state after the Bruen decision. What really angers me in that regard is that a recent lawsuit against New York was successful and would apply in my state–alas no one has filed suit.

      I am really discouraged that all an entity would have to do (to overturn this particular aspect of my state’s firearm laws) is “copy-and-paste” the successful New York state lawsuit in my federal appellate jurisdiction. It is an exceedingly easy opportunity for a plaintiff’s attorneys to put a truckload of cash in their pockets for virtually no hours of work.

      • Local gun rights group not active generally? NYSRPA was not as active decades ago as now so can understand that misfortune. Also depending on your state/circuit the larger groups may see it as redundant with everything else going on so individual or local groups with standing (these games suck) may be your only immediate options.

        • SAFEupstateFML,

          There are two organizations in my state which were quite active historically to restore our right to keep and bear arms. Then, one of those organizations refused to publicly engage/challenge state government Republicans when Republicans came up short after talking a good game. More recently, Democrats acquired control of our state government and our two prominent gun rights groups have quite literally evaporated and gone completely silent.

          My personal opinion is that the two groups were veiled promotional entities for the Republican Party in my state rather than true gun rights organizations. Either that or they were simply a scheme to make money on donations/memberships. (Or perhaps somewhat of both.)

          At this point, I think the only remaining avenue is to petition one of the national gun rights organizations (such as the Firearms Policy Coalition) to file some lawsuits in our federal appellate jurisdiction.

        • SAFEupstateFML,

          There are two organizations in my state who have historically marketed themselves as restoring our Second Amendment rights. One organization focused on advancing positive legislation and the other organization backed two significant lawsuits.

          The first organization made some noise until Republicans controlled the state and refused to do anything substantive. The second organization went silent after they lost their second lawsuit. Perhaps most important, both organizations effectively vanished at least a year before the Bruen decision.

          At this point I am thinking that both organizations were primarily focused on collecting donations rather than truly advocating to restore our rights, especially given how the Bruen decision put a huge judicial hammer in their toolbox which they have not put to use.

          Given the previous, I think the only hope for my state is if a national organization files suit in our federal appellate jurisdiction. I have no idea if or when that might happen.

          • Well good thing there are a bunch of spiteful crazies on either side of the coast willing to burn through stupid amounts of money to restrict rights with equally spiteful and crazy litigants willing to counter them. Sucks you are waiting for the floor to rise with us but they are increasingly (rapidly really) painting themselves into a corner where decisions will be made one way or another.

  2. As long as we are talking about what age is correct to begin carrying arms, what was the age of the youngest American who was known to have fought armed in the American Revolutionary War?

      • I was close. It’s 10 years of age for the Revolutionary War.

        The 8 year old was in the US Civil War. He was a drummer boy for the Union side, and yes he did fight…and he (and other young men) reportedly held his/their own.

        One search says he was 9 years old, but hey, it was “AI” sourced, and we all know that AI is sometimes not “intelligent” as claimed.

  3. We have SAF and FPC to thank for this. They did the hard work, and they had to go where most POG dare not tread: A court of law.

    NRA was nowhere near this. Nor was the NRA/ILA (Negotiating Rights Away/In Large Amounts!)

    Jus’ sayin!

  4. Third Circuit Again Strikes Down Carry Ban for Adults Under 21 Years of Age. This headline only proves that liberal progressive democrat Anti 2A tyrants will never stop as long as they are allowed. Any court decision that does not support their ideology is simply ignored. They simply either reword the infringement that was struck down and re-implement it in to their agenda of law or they attack another segment of the 2nd Amendment. Unless and until those who refuse to follow the Constitution and Bill of Rights are dealt with they will always be a threat to the Freedom and Liberty of ‘We the People’. 94 days.

  5. Don’t Get ARRESTED With Gun at Hospitals! Ambulance, Conceal Carry, Firearms and Hospitals.

    h ttps://www.youtube.com/watch?v=ZYVdCBSjxPE

  6. On eve of Trump’s in -auguration, insurance won’t cover riots anymore if you get hurt at one, Jan 6 people surge at/into capital provoked by Capital police attacking crowd with munitions (specifically one over-eager officer), strange/odd request for HHS to supply medical personnel for inauguration for first time…

    h ttps://www.youtube.com/watch?v=8GPNJsNl4c8

  7. Meanwhile, did you know Judge John H. Foradora can, and will, convict you to MAXIMUM SECURITY PRISON for text messaging –
    if the person who initiated the texting stops answering you, and never responds?

    “Repeated Communication” falls under the Pa Crimes Code of “Violent Crime”, Harassment, whereas, all violent offenders, regardless of how henious of the crime – (i.e. life sentence for killing 5 Pennsylvania family members) are treated identically the same while committed to State Maximum Security Prison.

    This was the staging and entrapment that Aaron Emhoff of Penn Dot manipulated when abusing his employee, and helping the police manufacture criminal charges, after the employee filed a MEDICAL MALPRACTICE COMPLAINT AGAINST PUNSXSUTAWNEY HOSPITAL.
    The patient arrived for a CT scan of their herniated disc, and PAH criminally exploited and medically HIJACKED her medical concern to a completely different and unrelated body system, causing serious injury and permanent loss of body function.
    The Jefferson County District Attorney then manufactured a criminal conviction, blocking the Punxsutawney Medical Malpractice case from proceeding.
    They claimed the “offender” was “unsafe”, this was based on their claim that they knew the medical malpractice victim “had a gun.” But what they had was paperwork that showed a old bill of sale was never finalized, from a purchase never made a decade ago, after offered a job selling guns, that was never filled.
    The incomplete bill of sale paperwork never surfaced until 18 months after their “Offender” was sentenced as if ” Unsafe” in maximum security prison.
    Despite not having committed a serious crime, and in the absense of proof one may be committed, Judge John Foradora lied and told Muncy State Correctional Institution to subject his victim to the highest level of criminal security possible – lying and claiming his victim “Has a history of violence and assaulted two people.”
    This breach of ethics is a severe form of judicial misconduct – which must be exposed.

  8. Even as a kid I’ve held that if you can die for your country, military, then you are an adult. As an adult you can enlist, be drafted, vote, buy weapons, property, alcohol. Many are upset by some of these rights I believe you have, simple, make enlistment/draft 21. Then they have to draft older people as well. It’s simple, if they can die for their country, then they should be afforded all adult rights.
    I’m 68, I spent 22 yrs in the air force

    • Thank you for your service.

      And you’re right, especially with a declining population, we’re probably STILL going to have to go for some older people…especially if we ever have to activate the draft.

  9. It’s your birthright to carry guns. When you’re a child or an adult.

    h
    ttps://www.ktvb.com/article/news/local/capitol-watch/girl-11-brings-ar-15-to-idaho-hearing-on-gun-legislation/277-6ed7195b-5523-4485-aeea-642d2d9eb076

LEAVE A REPLY

Please enter your comment!
Please enter your name here