Pennsylvania cannot bar adults under 21 from carrying guns, court rules

[eyecanshoot]

We haven't been losing much lately.

By Nate Raymond

(Reuters) - A federal appeals court on Thursday ruled that Pennsylvania laws that ban 18- to 20-year-olds from carrying firearms in public during a state of emergency are unconstitutional, citing a landmark U.S. Supreme Court ruling that expanded gun rights.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals on a 2-1 vote held that the right to keep and bear arms under the U.S. Constitution's Second Amendment extended to adults under the age of 21.

https://www.msn.com/en-us/news/us/pe...995aa0c7&ei=91

[mikelets456]

We haven't been losing much lately.

https://www.msn.com/en-us/news/us/pe...995aa0c7&ei=91

Nice!! Just in time for the PA house vote on their Nazi gun bills....

[Walleye Hunter]

Their assault on our rights needs to stop. The lack of accountability is criminal.

[widgetman101]

Nice, if your old enough to go to war for this country you shouldn't be limited to select rights.

[eyecanshoot]

Currently we need a LTCF to carry during a state of emergency and we can only carry pistols. Someone under 21 cannot get a LTCF or buy a pistol. Does this ruling mean that we no longer need a LTCF during a state of emergency? Or can we now carry long guns during a SOE? I have more questions than answers.

[gnbrotz]

Currently we need a LTCF to carry during a state of emergency and we can only carry pistols. Someone under 21 cannot get a LTCF or buy a pistol. Does this ruling mean that we no longer need a LTCF during a state of emergency? Or can we now carry long guns during a SOE? I have more questions than answers.

Why do you believe "you can only carry pistols"? Normally, that's what LTCFs are for, but for the state of emergency statute, the definition of "firearms" is different, and includes long arms as well.

§ 6107. Prohibited conduct during emergency.

(a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

(1) Actively engaged in a defense of that person's life or property from peril or threat.

(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(b) Seizure, taking and confiscation.--Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.

"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

[Mosinshooter762]

Currently we need a LTCF to carry during a state of emergency and we can only carry pistols. Someone under 21 cannot get a LTCF or buy a pistol. Does this ruling mean that we no longer need a LTCF during a state of emergency? Or can we now carry long guns during a SOE? I have more questions than answers.

The case is Lara vs Evanchick. Today's 3rd Circuit Court of Appeals opinion can be found here:
https://assets.nationbuilder.com/fir...77_OPINION.pdf

The conclusion of the opinion is:

III. CONCLUSION

For the foregoing reasons, we will reverse the decision of the District Court and remand with instructions to enter an injunction forbidding the Commissioner from arresting law-abiding 18-to-20-year-olds who openly carry firearms during a state of emergency declared by the Commonwealth.

[eyecanshoot]

Why do you believe "you can only carry pistols"? Normally, that's what LTCFs are for, but for the state of emergency statute, the definition of "firearms" is different, and includes long arms as well.

That was the conclusion I came to from previous conversations about carrying during a SOE. Thanks for the clarification.

[Will3212]

PA law says you must be 21+ of age to buy a handgun. How does a 20 year old for example carry a handgun if he/she is forbidden from buying one in the first place?

[Just1more]

That is exactly my thoughts ! Are they lowering the age one can buy a firearm to 18 ?