On February 26, the Third Circuit denied a petition for rehearing en banc in Lara v. Paris. That case involves a challenge to Pennsylvania’s law banning 18-to-20-year-olds from carrying firearms during a state of emergency.
Last year, a three-judge panel of the Third Circuit held the ban unconstitutional, based on its finding that 18-to-20-years-olds are part of “the people” whom the Second Amendment protects. The court also determined that the original understanding of the Second Amendment—from when it was ratified in 1791—controls in a Second Amendment analysis.
The state then petitioned for rehearing en banc. If granted, the case would have been reconsidered by all the judges of the Third Circuit, rather than a three-judge panel. The court denied the petition, however, so the state remains barred from enforcing the ban and the panel decision remains binding precedent in the Third Circuit.
Lara provides strong support for NRA’s similar case, Young v. Ott, which challenges Pennsylvania’s prohibition on concealed carry by 18-to-20-year-olds. In the NRA’s landmark victory, NYSRPA v. Bruen, the Supreme Court held that the Second Amendment protects the public carry of firearms by “the people.” Lara’s confirmation that 18-to-20-year-olds are part of “the people” underscores that banning adults under 21 from applying for a concealed carry license is unconstitutional.
Young v. Ott is currently before the District Court for the Western District of Pennsylvania.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit https://www.nraila.org/legal-legislation/current-litigation/ to keep up to date on NRA-ILA’s ongoing litigation efforts.
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