In a landmark decision early in 2024, the Philadelphia-based 3rd U.S. Circuit Court of Appeals declared Pennsylvania laws prohibiting 18- to 20-year-olds from carrying firearms in public during a state of emergency unconstitutional. This ruling, highlighting a significant shift in the interpretation of the Second Amendment, comes as a response to the broader gun rights recognized by the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen. This case emphasized that the right to bear arms extends to all adult Americans, including those under 21, challenging the longstanding restrictions that have been placed on this age group.
U.S. Circuit Judge Kent Jordan, supported by fellow Bush appointee Judge D. Brooks Smith, asserted that the Second Amendment’s reference to “the people” includes 18- to 20-year-olds, underscoring the absence of any founding-era law that supports the disarmament of individuals within this age group. This perspective directly contradicts the dissenting opinion of Judge L. Felipe Restrepo, who maintained that the Second Amendment does not extend to individuals under 21.