By Dave Workman
Editor-in-Chief
The U.S. Supreme Court on Tuesday let stand a ruling by the U.S. Third Circuit Court of Appeals which found young adults ages 18-20 are members of “the people” protected by the Second Amendment, handing another victory to gun rights advocates in a case brought by the Second Amendment Foundation.
The high court declined to review a case known as Bivens v. SAF (formerly known as Lara v. Paris), in which the Third Circuit had twice ruled in SAF’s favor.
SAF founder and Executive Vice President Alan Gottlieb told TGM via telephone that this year’s court rulings, combined with Tuesday’s announcement that two SAF cases challenging bans on modern semiautomatic firearms in Connecticut and Cook County, Illinois have been granted certiorari translate to a winning year so far. Topping it off was the decision to let the Third Circuit ruling stand.
In a prepared statement, SAF Executive Director Adam Kraut observed, “While a cert grant on this case could have meant an opportunity for the Supreme Court to take our win in the Third Circuit and apply it nationally, we are still content that our victory in this case is now permanent and final. Adults under 21 enjoy all the same constitutional rights as their older adult counterparts, and the rights protected by Second Amendment are no different. This victory serves as a major stepping stone to striking down additional unconstitutional portions of Pennsylvania state law and those like it around the country.”
The original lawsuit dates back to October 2020, so it has been litigated for almost six years. This is not unusual for Second Amendment cases, which seem to cause many district courts to shift into low gear. Likewise, anti-gun-rights losers tend to file appeals on whatever grounds they can find, while occasionally asking for delays, which stretches out the calendar even more.
“The Third Circuit ruled not once, but twice, that 18-20-year-olds have the same rights as their peers older than 21,” noted Gottlieb. “Those over 18 in this country can buy property, join the military and get married just like those over 21-years-old. Why then should they be forced to wait to enjoy their Second Amendment rights? There is no reason – they are adults under the law and should therefore be afforded their full constitutional rights.”
