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Appeals Court Upholds Second Amendment Rights of 18-20-Year-Olds
AmmoLand ^ | April 2, 2024 | Dean Weingarten

Posted on 04/06/2024 6:25:40 AM PDT by marktwain

On October 16, 2020, a number of plaintiffs, including Madison Lara, the Second Amendment Foundation, and others, filed a lawsuit claiming Pennsylvania law, which forbids 18-20-year-olds from obtaining a concealed carry permit or from openly carrying outside of the home during an emergency was an infringement of the rights protected by the Second Amendment. This was nearly two years before the Supreme Court decision of Bruen.

On April 16, 2021, the District Court ruled against them. On April 21, 2021, the plaintiffs appealed the decision by the Pennsylvania District Court to the Court of Appeals for the Third Circuit. The decision held Pennsylvania law, which forbids 18-20-year-olds from obtaining a concealed carry permit or from openly carrying outside of the home during an emergency, was not an infringement of the rights protected by the Second Amendment.

The three-judge panel held the appeal pending the Supreme Court decision in Bruen.

The Bruen decision was published on June 22, 2022, clarifying the Heller decision and giving clear guidance on how to interpret Second Amendment cases. In the clarification, the Supreme Court validated the right to carry outside the home and set forth how to perform judicial tests on laws that were challenged as infringing on the rights protected by the Second Amendment.

On January 18, 2024, the three-judge panel found the Pennsylvania statutes infringed on the Second Amendment rights of 18-20-year-old people. It was a split decision, with Judge Restrepo dissenting.

On February 15, 2024, the defendants argued that 18-20-year-old people were not considered to be part of the people. Judge Restrepo agreed. The defendants filed for a rehearing of the case en banc by the entire Court of Appeals for the Third Circuit.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Pennsylvania
KEYWORDS: 1820; 2a; banglist; pa; pennsylvania
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The Third Circuit declined to hear the case en banc. The only further appeal is to the Supreme Court.
1 posted on 04/06/2024 6:25:40 AM PDT by marktwain
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To: marktwain

I’m sure the Founders intended for our rights to be subject to the whims of non-elected lawyers. It’s got to be in the Constitution somewhere.


2 posted on 04/06/2024 6:30:48 AM PDT by ComputerGuy (Heavily-medicated for your protection)
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To: ComputerGuy

How do you enforce the Bill of Rights without the courts?


3 posted on 04/06/2024 6:36:20 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: PROCON

Ping


4 posted on 04/06/2024 6:38:13 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: ComputerGuy

That sure seems to be the common opinion.

What is really sad is that seems to be the common opinion in congress.

When is the last time there was a bill in congress to overrule a USSC decision?


5 posted on 04/06/2024 6:38:40 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

6 posted on 04/06/2024 6:39:10 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: marktwain; lightman; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

7 posted on 04/06/2024 6:40:03 AM PDT by PROCON (Sic Semper Tyrannis)
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To: marktwain

2A


8 posted on 04/06/2024 6:45:46 AM PDT by DownInFlames (p)
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To: marktwain

later


9 posted on 04/06/2024 7:01:18 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: marktwain
On February 15, 2024, the defendants argued that 18-20-year-old people were not considered to be part of the people.

But they have no qualms about sending other people's 18-20-year-olds off to die for some leftwing pie in the sky cause.

10 posted on 04/06/2024 7:29:53 AM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: marktwain
which forbids 18-20-year-olds from obtaining a concealed carry permit

If they're old enough to march off to war carrying weaponry, they're old enough to obtain a concealed carry permit.

11 posted on 04/06/2024 7:37:50 AM PDT by Bon of Babble (You Say You Want a Revolution?)
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To: marktwain

When educated people cant properly define what an “infringement” or a “woman” is, they need immediately removed/denied from whatever position of power they may hold or are attempting to aquire.

If you wanna play stupid you get treated like you are stupid.


12 posted on 04/06/2024 8:35:49 AM PDT by Delta 21 (If anyone is treasonous, it is those who call me such.)
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To: marktwain

13 year old boy armed with a musket bayoneted a British officer at the Battle of Saratoga, 1777. partial source:
“Northern Traveler”, 1841. P. 41.


13 posted on 04/06/2024 8:46:34 AM PDT by bunkerhill7 (Don't shoot until you see the whites of their lies)
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To: ComputerGuy

12 year old Mississippi River boat deckboys kept pistols tucked under their belts. 2 Congressmen on board praised them for being armed. Source. Col. Hammond’s Diary/Log of his 1849 trip from NY to gold country California. It’s in Penfield Museum, Chilson NY


14 posted on 04/06/2024 8:52:36 AM PDT by bunkerhill7 (Don't shoot until you see the whites of their lies)
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To: libertylover

Let’s stop letting them vote


15 posted on 04/06/2024 8:57:00 AM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: marktwain

I am old enough to remember when schools had shooting clubs with rifle ranges on campus, or when the Boy Scouts were teaching gun safety.


16 posted on 04/06/2024 8:57:43 AM PDT by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: marktwain

btt


17 posted on 04/06/2024 9:02:20 AM PDT by GailA (Land Grabs, Poisoned Food, KILL the COWS, Bidenomics=BIDEN DEPRESSION. STAGNATION)
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To: marktwain

I’m sure the SC is getting tired of telling the states that “shall not be infringed” means what it says. And to argue that 18-20 year olds aren’t people is patently ridiculous.


18 posted on 04/06/2024 10:01:14 AM PDT by Blood of Tyrants (The problem with socialism is that you eventually run out of other people's money. - M. Thatcher)
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To: ComputerGuy
William Shaw Stickman IV of the Western District of Pennsylvania was the original trial "judge" who doesn't understand Bruen.

Kent A. Jordan [Dubya judge], D. Brooks Smith [Dubya judge] and L. Felipe Restrepo [Obama stooge] were the three-judge panel.

Obama's stooge Restrepo dissented [doesn't understand Bruen].

ORDER (CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG and SMITH**, Circuit Judges) denying Petition En Banc and Panel Rehearing filed by Appellee Commissioner Pennsylvania State Police. Judges Shwartz, Krause, Restrepo, Freeman, Montgomery-Reeves and Chung voted to grant the petition. Judge Krause files the attached dissent. Jordan, Authoring Judge. *with attached dissent by Judge Krause. **Judge Smith’s vote is limited to panel rehearing only. (LMR) [Entered: 03/27/2024 04:07 PM]

Judges Shwartz [Obama stooge], Krause [Obama stooge], Restrepo [Obama stooge], Freeman [Biden stooge], Montgomery-Reeves [Biden stooge] and Chung [Biden stooge] voted to grant the [en banc] petition. Judge Krause [Obama stooge] files the attached dissent.

The Third Circuit is seven Dubya-Trump judges versus six Obama-Biden stooges.

The BooHoo girl feels bad for the Commie "judges" on the Third Circuit.


19 posted on 04/06/2024 10:32:31 AM PDT by kiryandil (what Ukrainian electrical grid doink?)
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To: marktwain

The simple question is, “are you saying all our wars are fought by adolescents?”

Its stupid this issue ever comes up.


20 posted on 04/06/2024 10:48:55 AM PDT by MrKatykelly (Obama was the proof of concept puppet.)
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