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.
Background of the Case
The case, Bivens v. SAF, 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.
SAF Executive Director Adam Kraut noted that the finality of the local decision remains a significant outcome for their efforts. “Adults under 21 enjoy all the same constitutional rights as their older adult counterparts, and the rights protected by the 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.”
Implications of the Ruling
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.
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.
Original reporting: Tampa Free Press — read the source article.