
Lara v. Commissioner is a Pennsylvania case challenging Pennsylvania’s carry ban for adults aged 18 to 20 years old during a declared emergency. After the Third Circuit initial ruled in favor of the plaintiffs preventing Pennsylvania’s ban, the state appealed to the Supreme Court. SCOTUS then sent the case back to the Third Circuit with instructions to consider it again in light of the high court’s Rahimi decision.
A Third Circuit three-judge panel has done that and found that Rahimi ““does not in the least undermine this Court’s prior judgment in this case” . . .
We conclude that our prior analysis reflects the approach taken in Bruen and clarified in Rahimi. We did indeed consider “whether the challenged regulation is consistent with the principles that underpin our regulatory tradition[,]” not whether a “historical twin” of the regulation exists. … Having determined that Rahimi sustains our prior analysis, we will again reverse and remand the District Court’s judgment.
You can read the Third Circuit’s reasoning here. From the Second Amendment Foundation . . .
The Second Amendment Foundation has won a victory for young adults in Pennsylvania, where a panel of the Third U.S. Circuit Court of Appeals ruled 2-1 to remand the case back to the District Court with instructions to enter an injunction forbidding the state police from arresting law-abiding 18-20-year-olds for openly carrying firearms during a declared state of emergency.
The case is known as Madison Lara v. Commissioner Pennsylvania State Police.
Joining SAF in the case are the Firearms Policy Coalition and three private citizens, including Lara, for whom the case is named. They are represented by attorneys Peter Paterson, Haley N. Proctor, David H. Thompson and John D. Ohlendorf at Cooper & Kirk in Washington, D.C. and Joshua Prince at Prince Law in Bechtelsville, Pa.
It is the second time the Third Circuit has ruled in SAF’s favor on this case. After the initial ruling, the state appealed to the U.S. Supreme Court which, in turn, remanded the case back to the Third Circuit to reconsider in light of the high court’s recent ruling in Rahimi. The Third Circuit determined that Rahimi changed nothing about their analysis and once again ruled for the plaintiffs. The circuit court then ordered the District Court to enter an injunction in SAF’s favor.
Writing for the majority, Circuit Judge Kent A. Jordan, a George W. Bush appointee, noted, “It is undisputed that 18-to-20-year-olds are among ‘the people’ for other constitutional rights such as the right to vote, freedom of speech, the freedom to peaceably assemble and to petition the and the right against unreasonable searches and seizures. We therefore reiterate our holding that 18-to-20-yearolds are, like other subsets of the American public, presumptively among ‘the people’ to whom Second Amendment rights extend.”
Judge Jordan was joined by Judge D. Brooks Smith, another Bush appointee. Judge L. Felipe Restrepo, a Barack Obama appointee, dissented.
“SAF has maintained all along that 18-20 year olds are unquestionably part of ‘the people’ contemplated by the Second Amendment who have the same rights to keep and bear that any other adult has,” said SAF Director of Legal Operations Bill Sack. “The Third Circuit already agreed with us once, and today it reaffirmed its decision, finding that the Rahimi decision from the Supreme Court changes precisely nothing.”
“There is no language in the Second Amendment that applies only to some age-exclusive subset of the people,” SAF founder and Executive Vice President Alan M. Gottlieb observed. “We’re delighted the Third Circuit once again has ruled in our favor, and we will continue defending that position.”
I’ll bet the Penn gov would not make the argument that 18-20 year olds can’t vote ’cause not part of the people.
BREAKING 2A NEWS: GREAT 2A WIN IN FEDERAL APPEALS COURT.
The US Court of Appeals for the Third Circuit issued a powerful 2A victory for young Americans. Mark Smith Four Boxes Diner discusses.
h ttps://www.youtube.com/watch?v=OCw1NGAX1IY
Anthony at the ‘Armed Scholar’ YouTube channel is no longer affiliated with the USCCA ‘carry insurance’ (the scare quotes was deliberate) company for very good and disturbing reasons, as he describes in his video :
h ttps://www.youtube.com/watch?v=FmppJl3fBgM
He now recommends “Attorneys On Retainer” :
h ttps://attorneysonretainer.us/plans/
TBH, I stopped watching him daily a few months ago (after being a loyal follower since nearly his beginning on YT) because he changed everything he posts to now say “BREAKING NEWS!”. Literally everything, even those that are related to each other and overlap. These days, I swing by his channel every other week or so to catch the one or two vids that aren’t semi-duplicates.
I used to faithfully watch Reno May as well (same thing…since his early days), but not so much anymore.
Oh…and Warrior Poet Society. Loved him in his beginning days, but he became “slick and profesh” instead of organic and relatable once he attained stardom.
Gotta keep that content coming for ad revenue…
Things are getting uncomfortably *complicated* in this story, now there are claims that Attorneys on Retainer are flat-out LYING about the USCCA ‘situation’:
h ttps://www.youtube.com/watch?v=ofWrXAij2MM
I just don’t know what or WHO to believe at this point…
Cancel what I just wrote, I’m flat confused (more than normal) at this point…
USCCA is not the ‘insurance’. This is something people seem to either not know or they ignore.
USCCA members are additional insureds under a policy issued to the USCCA by Universal Fire and Casualty Insurance Company. USCCA partners with Delta Defense. Delta Defense, LLC provides sales, marketing, operations and administrative support services to the USCCA and is a licensed insurance agency. The insurance company makes the decision for coverage.
Under the insurance a USCCA member can choose any lawyer they want, they are not locked into just what USCCA recommends or supplies. This includes a member being able to choose a public defender to represent them. But, the problem with choosing a public defender is they are appointed by the court and by-law when that happens it means the persons defense can only be paid for with public funds and no outside ‘legal’ aid (not appointed by the court) can be supplied in a representative sense.
In the Alan Colie case, Colie selected the public defender. In this case the insurance was prohibited by law from paying for the defense or supplying the USCCA promised legal aid. Thus USCCA could not get involved. I think this is an important nuance that’s being overlooked here for the critique of USCCA. Had Colie not selected the public defender or dropped the public defender then the insurance could have stepped in and fulfilled the USCCA promises.
Kayla Giles – the USCCA insurance did pay for her defense to the tune of ~$50,000.00 and at a certain point stopped paying. But, there were some bad jury instructions which resulted in her conviction, and there was also some hard evidence of what looks like ‘premeditation acts’ on her part which also probably aided in that conviction. It was this ‘pre-meditation acts’ evidence being introduced that probably ’caused the insurance to stop paying because premeditating is a crime in this case and the insurance can’t pay for a crime act defense in the initial case. But the complaint here is that she was found guilty of second-degree murder (and obstruction of justice) – its the second-degree murder part that critics claim means there was no ‘premeditation’ because premeditated would mean murder of the first degree while second-degree murder is committed intentionally but without premeditation or deliberation. So the hard evidence of what looks like ‘premeditation acts’ seemed to indicate an intentionally deliberate planned act, but not first degree, instead of a spontaneous instance act in the moment that a self-defense defense needs in the state – thus second-degree murder was the conviction.
So i’m not sure in the Giles case, but there was something that caused the insurance to stop paying even though they had fulfilled the USCCA promise to defend her and pay for it initially.
I am not a lawyer but this is what I have discovered via research. Not saying this to defend USCCA, just points I think that needs to be recognized and they are being either glossed over then ignored or just ignored from the beginning.
My own personal experience with USCCA is they always did what they promised in my cases. I’ve had several defense incidents, I was a member of USCCA for three of them (having another company in the previous to those except my first one when I didn’t know such companies existed but the law was squarely on my side in that one so the lawyer I paid took care of it – the other companies did what they promised also). I only had one case that went to court and that was an attempt to sue me but that got quashed thanks to USCCA so it never actually got to court, but to be honest it probably wasn’t all that hard to stop it because it would not have succeeded anyway as in my state you can’t be sued if the defense act was adjudicated as self-defense – you can file and bring a law suit, heck, even go through the motions, but in the end its going to fail if the defense act was adjudicated self-defense. The lawsuit was basically “Yes, my baby did try to stab the man, did slash and cut him, did threaten to kill him, was with others helping him do this – but my baby didn’t deserve to be shot and that man had no reason to be afraid of being killed because he did have his only way out by climbing over that eight foot fence.” – yeah, it was an insane lawsuit.
Third Circuit Again Strikes Down Carry Ban for Adults Under 21 Years of Age. This headline only proves that liberal progressive democrat Anti 2A tyrants will never stop as long as they are allowed. Any court decision that does not support their ideology is simply ignored. They simply either reword the infringement that was struck down and re-implement it in to their agenda of law or they attack another segment of the 2nd Amendment. Unless and until those who refuse to follow the Constitution and Bill of Rights are dealt with they will always be a threat to the Freedom and Liberty of ‘We the People’. 94 days.
I truly appreciate this post.Much thanks again. Really Cool.