Court strikes down Pennsylvania restriction on open carry for those 18 to 20

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against a Pennsylvania law Thursday that barred those between ages 18 and 20 from open-carrying guns.

This court ruled 2-1 that 18-year-olds were still considered adults according to the Second Amendment of the Constitution. As a result, their interpretation of the amendment ruled that Pennsylvania could not arrest adults under 21 for open-carrying.

“It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights such as the right to vote, freedom of speech, peaceable assembly, government petitions and the right against unreasonable government searches and seizures,” U.S. Circuit Judge Kent Jordan wrote. “We therefore hold that 18-to-20-year-olds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”

Judge L. Felipe Restrepo wrote the dissent as the lone appointee of former President Barack Obama. The other two were appointed by former President George W. Bush.

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“At the Founding, people under 21 lacked full legal personhood. Indeed, there is no disagreement that at the time of the Founding, people under 21 were considered ‘infants’ in the eyes of the law,” Restrepo wrote. “Nor is there serious debate that the conception of adulthood beginning at age 18 is relatively new to American law.”

Pennsylvania still has an age requirement of 21 to apply for a concealed carry permit.

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