California Attorney General Rob Bonta has joined a coalition of 19 attorneys general in filing a brief to support Pennsylvania's petition for rehearing en banc in the case of Lara v. Commissioner of Pennsylvania State Police. The case concerns Pennsylvania's law setting the minimum age at 21 for obtaining a permit to carry a concealed handgun in public and during states of emergency. The U.S. Court of Appeals for the Third Circuit is reviewing the case after it was remanded by the U.S. Supreme Court, following its decision in United States v. Rahimi.
The coalition argues that the Third Circuit's three-judge panel made an error by declaring these laws unconstitutional under the Second Amendment. They contend that this decision could undermine similar age-limitation laws intended to protect citizens across various states.
"States must have the ability to protect citizens and communities from the harmful effects of gun violence and promote the safe use of firearms," said Attorney General Bonta. "The Third Circuit’s decision to overturn Pennsylvania’s law is inconsistent with our nation’s historical tradition as well as longstanding state and federal laws imposing age-based restrictions on the purchase and possession of firearms."
The brief claims that Pennsylvania's law aligns with constitutional principles under the Second Amendment and supports states' authority to regulate firearms, ensuring community safety against gun violence. It also suggests that the Third Circuit misinterpreted previous Supreme Court rulings, particularly Bruen, which affirms states' rights to impose firearm regulations consistent with historical understanding.
Attorney General Bonta encourages an en banc review by the Court of Appeals, emphasizing that:
- The Second Amendment allows states to enact measures promoting gun safety consistent with historical tradition.
- Pennsylvania's restrictions align with other states' measures, which often limit firearm access for those under 21.
- The panel's dismissal of historical evidence contradicts Supreme Court precedent.
Joining Attorney General Bonta are his counterparts from Colorado, Connecticut, Delaware, Washington D.C., Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
A copy of the brief is available online.