The U.S. Supreme Court has overturned a lower court ruling that allowed Pennsylvania residents under 21 to carry firearms in public during states of emergencies. The high court’s decision, which was not explained and noted no dissents, effectively leaves in place a state law barring 18-to-20-year-olds from openly carrying firearms during a declared state of emergency. The case has been remanded back to the lower courts for reconsideration.
The law in question is part of Pennsylvania’s Uniform Firearms Act. It was challenged by two gun rights groups and three individuals who were under 21 when the lawsuit was filed in 2020. They argued that the law violated the Second Amendment, which guarantees the right to bear arms. A federal court had previously agreed with them, ruling that the law was unconstitutional.
However, the Supreme Court’s decision cited its own ruling from June 2024, which upheld a federal ban on individuals owning firearms if they are under domestic violence-related orders. This suggests that the justices may be taking a more nuanced view of Second Amendment rights, considering factors such as age and public safety.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals had previously blocked the state law in a divided 2-1 decision. The majority of judges ruled that Pennsylvania wasn’t able to show that the age-21 requirement kept up with historic traditions or norms, a legal test established for gun-related laws under the Supreme Court’s landmark New York State Rifle & Pistol Association v. Bruen decision in June 2022.
Pennsylvania officials, including Pennsylvania State Police Commissioner Christopher Paris, petitioned the appeals court’s decision to the Supreme Court in late April. They argued that the appeals court had misinterpreted the Supreme Court’s Bruen decision and went too far in their ruling. The state officials pointed to a concurring opinion penned by Justice Samuel Alito, which explained that the Bruen decision did not invalidate existing age restrictions.
The Supreme Court’s decision to overturn the lower court’s ruling and remand the case back for reconsideration marks a significant development in the ongoing debate over gun rights and regulations in the United States.
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