The U.S. Supreme Court declined to hear a case concerning the firearm carry rights of young adults, leaving a lower court victory intact for gun rights advocates in Pennsylvania. By refusing to take up the appeal, the high court made a prior ruling by the Third Circuit Court of Appeals final.
The case, Bivens v. SAF (formerly known as Lara v. Paris), was brought by the Second Amendment Foundation (SAF), the Firearms Policy Coalition, and three individual plaintiffs. The legal challenge targeted a specific portion of Pennsylvania’s firearm laws that blocked adults aged 18 to 20 from carrying firearms during declared states of emergency.
During the legal process, the Third Circuit Court of Appeals ruled in favor of the SAF twice. The appeals court determined that adults under the age of 21 are members of “the People” as outlined by the Second Amendment, meaning they are entitled to the same scope of constitutional protections as older adults.
While a Supreme Court review could have expanded the ruling across the United States, SAF leadership noted that the finality of the local decision remains a significant outcome for their efforts.
“While a cert grant on this case could have meant an opportunity for the Supreme Court to take our win in the Third Circuit and apply it nationally, we are still content that our victory in this case is now permanent and final,” SAF Executive Director Adam Kraut said. “Adults under 21 enjoy all the same constitutional rights as their older adult counterparts, and the rights protected by Second Amendment are no different. This victory serves as a major stepping stone to striking down additional unconstitutional portions of Pennsylvania state law and those like it around the country.”
The plaintiffs argued that age-based restrictions on constitutional rights create an unfair double standard for individuals who are otherwise legally considered adults.
SAF founder and Executive Vice President Alan M. Gottlieb pointed to other legal milestones tied to turning 18 as justification for the lawsuit’s focus.
“The Third Circuit ruled not once, but twice, that 18-20-year-olds have the same rights as their peers older than 21,” Gottlieb said. “Those over 18 in this country can buy property, join the military, and get married just like those over 21 years old. Why then should they be forced to wait to enjoy their Second Amendment rights? There is no reason – they are adults under the law and should therefore be afforded their full constitutional rights.”
With the Supreme Court passing on the opportunity to review the case, the emergency carry restriction for 18-to-20-year-olds in Pennsylvania is officially struck down.
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