SAF Seeks Preliminary Injunction in Pennsylvania Gun Rights Case

Concealed Carry Laws iStock-665117528
The SAF is challenging PA de-facto firearm carry ban IMG iStock-665117528

U.S.A. -(AmmoLand.com)- Attorneys representing the Second Amendment Foundation and Firearms Policy Coalition have asked for a preliminary injunction in a challenge to Pennsylvania gun laws 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.

The case is known as Lara v. Evanchick. The Second Amendment Foundation is represented by David H. Thompson, Peter A. Patterson, John D. Ohlendorf at Cooper & Kirk, Washington, D.C. 20036. The lawsuit was filed in mid-October in U.S. District Court for the Western District of Pennsylvania.

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.

However, under the Pennsylvania statutes challenged in the lawsuit, young adults cannot carry firearms for personal protection.

“We filed this case because the Pennsylvania laws amount to a ‘Catch-22’ requiring a state license that is not available to our individual plaintiffs in order to exercise a constitutionally-protected right,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It doesn’t make sense when young adults can vote, join the military, get married, start companies and enter into contracts, but they can’t carry a firearm for personal protection. This amounts to a ban on their right to bear arms.”

Gottlieb noted the Second Amendment applies to 18-20-year-old young adults, who have reached the legal age of majority, because the right to keep and bear arms was incorporated to the states via the 14 th Amendment in the 2010 successful SAF Supreme Court case McDonald v. City of Chicago.

“The Second Amendment says the right to keep and bear arms shall not be infringed,” Gottlieb said. “It doesn’t include any age provisions that might allow discrimination against young adults. People in this age group can exercise other rights protected by the Constitution’s Bill of Rights, but Pennsylvania law specifically prevents them from exercising their Second Amendment rights. That simply cannot be allowed to stand.”



The Second Amendment Foundation (www.saf.org) 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.

Second Amendment Foundation

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nobodyuknow
nobodyuknow(@nobodyuknow)
1 year ago

Why in HELL would an American citizen even have to end up in a Pennsylvania court asking the state for permission to carry a firearm for personal protection?!! The Second Amendment GUARANTEES that right! Kinda’ tells you where the power is, right? if you insist on truly exercising your rights under the Second Amendment without the permission of the “state”, the “state” WILL KILL YOU!!!