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.
On October 16, 2020, the Second Amendment Foundation filed suit, along with another civil rights organization, and three individuals. The lawsuit asks a federal court to declare that the ban violates the Second and Fourteenth Amendments and enjoin the Defendants from enforcing the ban.
Case Team: Joshua Prince, David Thompson, Peter Patterson, John Ohlendorf, Haley Proctor
Case Documents
To access all of the case documents at the District Court, please visit the docket.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Media