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Home News Federal Court Rules Pennsylvania’S Youth Gun Ban Unconstitutional In Major Second Amendment Win

Federal Court Rules Pennsylvania’S Youth Gun Ban Unconstitutional In Major Second Amendment Win

by Celia
gun ban

A federal appeals court has upheld its previous decision that Pennsylvania’s restrictions on firearm possession for 18- to 20-year-olds during a state of emergency are unconstitutional. In a 2-1 vote on Monday, the 3rd U.S. Circuit Court of Appeals reaffirmed its stance, even after the U.S. Supreme Court directed the court to reconsider the ruling.

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The ruling is a significant victory for gun rights groups, including the Second Amendment Foundation and the Firearms Policy Coalition, who, along with several young Pennsylvania residents, filed the lawsuit in 2020 challenging the state’s ban. The court concluded that Pennsylvania’s restrictions violate the U.S. Constitution’s Second Amendment right to bear arms.

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The decision hinges on a landmark Supreme Court ruling in 2022, New York State Rifle & Pistol Association v. Bruen, which introduced a new framework for assessing whether firearms restrictions align with the Second Amendment. Under the Bruen decision, modern gun laws must align with the “nation’s historical tradition of firearm regulation.”

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The 3rd Circuit’s decision also aligns with the Supreme Court’s subsequent clarification in United States v. Rahimi (2023), which upheld a federal law barring individuals under domestic violence restraining orders from possessing firearms. The Supreme Court ruled that modern gun laws do not require a “historical twin” to be considered constitutional, adding nuance to the Bruen test.

Despite this clarification, Judge Kent Jordan, writing for the majority, asserted that Pennsylvania’s restrictions violated the Second Amendment, noting that at the time of the founding, 18- to 20-year-olds were considered “able-bodied men” entitled to bear arms. He emphasized that historical precedent supports the right of young adults to possess firearms.

Judge L. Felipe Restrepo, in a dissenting opinion, argued that the 18- to 20-year-old demographic could be lawfully restricted from possessing firearms, referencing historical practices where young people bore arms only at the discretion of their guardians.

This ruling is seen as a critical moment in the ongoing battle over gun rights in the United States. The Second Amendment Foundation celebrated the decision, calling it a “key moment for the continued advancement of Second Amendment rights.” The ruling strengthens the legal precedent for broader interpretations of gun ownership rights for young adults, ensuring that future cases will consider the historical context of firearm regulation.

The case stems from the challenges brought by gun rights groups and young Pennsylvanians who argue that the state’s emergency powers restrictions unfairly limit their Second Amendment rights. In contrast, the Pennsylvania Attorney General’s office, which defended the restrictions, declined to comment on the decision.

While this ruling is a win for gun rights advocates, it may not be the final word on the matter. Legal experts suggest that the case could be brought before the U.S. Supreme Court for further review, potentially setting a nationwide precedent on the scope of Second Amendment protections for young adults.

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