No. 24-93

Christopher Paris, Commissioner, Pennsylvania State Police v. Madison M. Lara, et al.

Lower Court: Third Circuit
Docketed: 2024-07-30
Status: GVR
Type: Paid
Experienced Counsel
Tags: 2nd-amendment age-restrictions civil-rights constitutional-interpretation due-process firearms-law founding-era gun-rights historical-analysis historical-evidence rahimi second-amendment
Key Terms:
SecondAmendment DueProcess Securities JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Do firearms laws that restrict the rights of 18-to-20-year-olds comply with the Second Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED Pennsylvania—like 31 other states and the federal 21 as the minimum age for certain gun rights. A divided three-judge panel of the Court of Appeals ruled that these laws violate the Second Amendment and enjoined a Pennsylvania law prohibiting 18-to-20-year-olds from openly carrying firearms during a declared state of emergency. App.1la49a. The panel majority held that Pennsylvania had to point to specific Founding-era statutes imposing similar restrictions on the freedom of 18-to-20-year-olds to carry guns to prevail, and could not rely on any historical evidence from the mid-to-late-1800s. App.17a-20a, 25a-26a. In March of this year, the Court of Appeals denied en banc review by a narrow 7-6 vote. App.83a-84a. One of the dissenting Judges admonished her colleagues for the “perplexing” decision to preempt this Court’s then-imminent decision in United States v. Rahimi, noting that it would “necessarily bear on the panel’s reasoning and may well abrogate it[.]” App.105a. The question presented is: Do firearms laws that restrict the rights of 18to-20-year-olds comply with the Second Amendment?

Docket Entries

2024-11-18
Judgment Issued.
2024-10-15
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. ___ (2024).
2024-09-18
DISTRIBUTED for Conference of 10/11/2024.
2024-09-10
Reply of Commissioner Pennsylvania State Police submitted.
2024-09-10
2024-08-29
Brief of Madison Lara, et al. in opposition submitted.
2024-08-29
2024-07-25
2024-05-06
Application (23A980) granted by Justice Alito extending the time to file until July 25, 2024.
2024-04-25
Application (23A980) to extend the time to file a petition for a writ of certiorari from June 25, 2024 to July 25, 2024, submitted to Justice Alito.

Attorneys

Commissioner Pennsylvania State Police
Sean Andrew KirkpatrickOffice of the Attorney General of the Commonwealth, Petitioner
Sean Andrew KirkpatrickOffice of the Attorney General of the Commonwealth, Petitioner
Daniel Barrett MullenPennsylvania Office of Attorney General, Petitioner
Daniel Barrett MullenPennsylvania Office of Attorney General, Petitioner
Madison Lara, et al.
David H. ThompsonCooper & Kirk, PLLC, Respondent
David H. ThompsonCooper & Kirk, PLLC, Respondent