We’ve chronicled several times over the past few years how young adults under 21 years of age have their Second Amendment rights infringed in many states, as well as at the federal level. Due to that injustice, several gun-rights groups have made a concerted effort to challenge laws discriminating against these young adults in the courtroom.
By Mark Chesnut for The Truth About Guns
Now, the U.S. Supreme Court has distributed a case involving a Pennsylvania state law that prohibits 18-, 19- and 20-year-old adults from carrying firearms during a declared state of emergency. The Second Amendment Foundation (SAF) and Firearms Policy Coalition-backed case, Madison Lara v. Commissioner of the Pennsylvania State Police, is set for a conference to be held on September 29.
The lawsuit was initially filed in 2021, and the 3rd Circuit Court of Appeals has twice ruled in favor of the plaintiffs. After the initial ruling, the commonwealth appealed to the U.S. Supreme Court, which remanded the case back to the 3rd Circuit to reconsider in light of the high court’s ruling in Rahimi.
The 3rd Circuit stated that Rahimi had made no changes to their analysis and again ruled in favor of the plaintiffs. An en banc review was subsequently denied by the 3rd Circuit, prompting Pennsylvania to petition the Supreme Court again to hear the case.
The case revolves around whether 18-, 19-, and 20-year-old Americans are part of “the people” protected under the Bill of Rights. While these young adults can vote, enter into contracts, serve in the military, and get married, some courts have refused to agree that they also have the right to keep and bear arms.
“We agree with the commonwealth that cert should be granted in this case, and this conference distribution is one step closer to that goal,” Bill Sack, SAF director of legal operations, said in a press release announcing the progress. “We are hopeful that the Supreme Court steps in and puts to bed once and for all the question as to whether 18-20-year-olds are part of ‘the People’ who share the same Second Amendment rights as their older counterparts.”
Indeed, when the 3rd Circuit Court ruled for the plaintiffs back in January, Circuit Judge Kent A. Jordan explained in the ruling that those young adults are absolutely part of “the people.”
“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,” Judge Jordan wrote in the ruling. “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.”
Alan M. Gottlieb, SAF founder and executive vice president, said his organization looks forward to the Supreme Court reaching the same conclusion.
“If you’re an adult, then you should be able to exercise your Second Amendment rights fully, period,” Gottlieb said. “The 3rd Circuit has determined that 18-20-year-olds are members of ‘the People’ more than once, and we are hopeful the Supreme Court will follow suit and determine that adults under 21 have the same rights as other American adults.”
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The same should apply to legal age to drink alcohol. If you can be in the military and carry a weapon, go to war and be expected to kill the enemy at age 18, then you should be able to do everything else an adult (over 21) in this country can do.