SAF Sues Pennsylvania Alleging Discrimination Against Young Adults
The Second Amendment Foundation today sued Col. Robert Evanchick, commissioner of the Pennsylvania State Police in his official capacity in a challenge of state statutes that prohibit law-abiding young adults from carrying firearms for self-defense and prevents them from acquiring a state license to carry (LTCFR) because of their age.
Under Pennsylvania’s state of emergency that has been in effect for more than two years, all individuals must have a valid LTCF to carry or transport firearms on public streets and property, including for purposes of self-defense and other otherwise-lawful purposes, in violation of the right to keep and bear arms.
Joining SAF in this legal action is the Firearms Policy Coalition. The case is known as Lara v. Evanchick. Plaintiffs are represented by attorneys Joshua Prince of Civil Rights Defense Firm, P.C. in Bechtelsville, PA and Adam Kraut of Firearms Policy Coalition, in Sacramento, CA.
“We’ve filed this action because the situation in Pennsylvania smacks of discrimination against young adults in the 18-20-year age group,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Young adults can join the military, where they might be assigned to carry firearms all over the world. They can get married, start businesses, enter into contracts and yet they are not considered mature enough to exercise their Second Amendment right to keep and bear arms. That’s nonsense.”
“The text of the Second Amendment makes clear that the right to bear arms ‘shall not be infringed,’ and nothing in America’s history or tradition supports Pennsylvania’s laws banning carry by young adults,” explained Adam Kraut, FPC’s Director of Legal Strategy and co-counsel for the plaintiffs. “Pennsylvania’s statutory scheme unconstitutionally and impermissibly denies young adults their fundamental, individual right to bear arms outside the home. Through this case, we seek to vindicate our clients’ rights and restore individual liberty for millions of young adults.”
“In outright defiance of the Second Amendment, the State of Pennsylvania and Governor Wolf have restricted the ability of law-abiding young adults to carry and transport arms,” said Joshua Prince, counsel for the plaintiffs. “This prohibition ignores the U.S. Supreme Court’s holding in Heller that the right to keep and bear arms includes the right to carry a firearm ‘upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in a case of conflict with another person.’ Today, we seek to vindicate the rights of our clients and all young adults.”
“This case is about protecting the rights and liberties of future generations, fighting for America’s young adults, and restoring the Second Amendment for all individuals,” said FPC President Brandon Combs. “The same young people who can be called to fight for our freedom overseas have the right to defend themselves against unjust force here in the United States. The rights of young people are incredibly important to us, and that is why FPC has made fighting for them a priority of all of our many efforts to advance individual liberty and freedom.”
The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.