FPC Sues Pennsylvania Again: Second Amendment Rights Don’t Start at 21

After defeating Pennsylvania’s age-based carry restrictions in the Third Circuit, FPC and NRA return to federal court to challenge the Commonwealth’s ban on licensed carry by 18-to-20-year-old adults.
Firearms Policy Coalition (FPC) announced today that it filed a new federal Second Amendment lawsuit, Maines v. Bethel, challenging Pennsylvania’s unconstitutional ban on lawful firearm carry in most public places by adults under 21. Filed in the U.S. District Court for the Eastern District of Pennsylvania, the lawsuit is brought by FPC and the National Rifle Association (NRA), alongside a member whose right to carry firearms for self-defense is being denied by the Commonwealth.
Under Pennsylvania law, individuals generally must obtain a license to carry a concealed firearm, carry a firearm in a vehicle, or carry a firearm in public in Philadelphia. But Pennsylvania categorically prohibits adults under 21 from even applying for the license they need to exercise those rights. As a result, peaceable 18-to-20-year-old adults who are legally eligible to possess firearms face criminal prosecution, potentially including felony charges and years in prison, simply for exercising the same rights available to other adults.
Although Pennsylvania generally allows unlicensed open carry in some circumstances, that does not solve the problem. Adults under 21 still cannot generally carry firearms for self-defense in their vehicles or on Philadelphia’s public streets. Even a routine trip to work, the grocery store, or another destination by car can put the exercise of their rights out of reach.
The consequences extend even further because of the federal Gun-Free School Zones Act. That federal law generally criminalizes firearm possession within 1,000 feet of school grounds unless the person has a qualifying license issued by the state where the school is located or qualifies for another narrow exception. Because Pennsylvania refuses to issue carry licenses to 18-to-20-year-old adults, even those who could otherwise lawfully carry firearms openly under state law face federal criminal prosecution for carrying through these expansive school zones. Pennsylvania’s age-based licensing ban thus creates a massive labyrinth of prohibited areas throughout the Commonwealth, effectively disarming peaceable adults under 21 across vast portions of the places they live, work, and travel.
“Pennsylvania already lost in the Third Circuit when it tried to deny 18-to-20-year-olds their right to carry firearms, but the Commonwealth still insists on treating peaceable adults as second-class citizens,” said FPC President Brandon Combs. Read more







