Pennsylvania court rejects open carry restriction for 18-20 year olds
The 3rd U.S. Circuit Court of Appeals Strikes Down Pennsylvania Law Restricting Open-Carry for 18-20 Year Olds
The 3rd U.S. Circuit Court of Appeals in Philadelphia made a groundbreaking ruling on Thursday, declaring a Pennsylvania law that prohibited individuals between the ages of 18 and 20 from open-carrying guns unconstitutional.
In a 2-1 decision, the court asserted that 18-year-olds are considered adults under the Second Amendment of the Constitution. Consequently, they concluded that Pennsylvania could not arrest adults under 21 for openly carrying firearms.
“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, peaceable assembly, government petitions, and the right against unreasonable government searches and seizures,” emphasized U.S. Circuit Judge Kent Jordan. “We therefore hold that 18-to-20-year-olds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”
However, Judge L. Felipe Restrepo, the sole appointee of former President Barack Obama, dissented from the majority opinion. The other two judges on the panel were appointed by former President George W. Bush.
“At the Founding, people under 21 lacked full legal personhood. Indeed, there is no disagreement that at the time of the Founding, people under 21 were considered ‘infants’ in the eyes of the law,” argued Restrepo. “Nor is there serious debate that the conception of adulthood beginning at age 18 is relatively new to American law.”
It is important to note that Pennsylvania still maintains an age requirement of 21 for individuals to apply for a concealed carry permit.
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