Pennsylvania law generally allows for individuals over the age of 18 years-old to openly carry firearms without a License to Carry Firearms (LTCF). However, the law provides for extremely limited transportation of firearms absent a LTCF – allowing an individual to take an unloaded firearm from their home to only certain locations. As a result, people without LTCFs may not take an unloaded firearm from their home to most locations in order to then openly carry for self defense. To compound the issue further, the law does not allow for an individual under the age of 21 to apply for a LTCF.
As a result, Young Adults (ages 18-20-years-old) are unable to acquire licenses and are barred from exercising their right to bear arms outside the home. The Second Amendment’s plain text, as informed by this nation’s history and tradition, reveals that prohibiting the bearing of arms by Young Adults is constitutionally impermissible. There were no colonial or founding era laws that restricted the rights of Young Adults to keep and carry arms.
After a partial victory in Lara v. Evanchick, where the district court enjoined the Pennsylvania State Police Commissioner from enforcing the carry ban as it pertained to 18-20-year-olds open carrying during a declared state of emergency, the Second Amendment Foundation, joined by three individuals, again filed suit against the Pennsylvania State Police Commissioner.
The lawsuit seeks a temporary restraining order, preliminary and permanent injunction, which would enable 18-20-year-olds to apply for a LTCF or prevent the enforcement of the laws which prohibit carry absent a LTCF, along with a declaration that the law and regulations violate the Second and Fourteenth Amendments.
Case Team: Joshua Prince, SAF Executive Director Adam Kraut
Case Documents
To access all of the case documents, please visit the docket.
Case Media