Golden State Today

California Attorney General Rob Bonta, along with 18 other attorneys general, has filed a brief in support of Pennsylvania's request for a rehearing en banc in the case Lara v. Commissioner of Pennsylvania State Police. This legal action is related to Pennsylvania's law setting the minimum age at 21 for obtaining a permit to carry a concealed handgun publicly and during emergencies. The U.S. Court of Appeals for the Third Circuit is reviewing the case after it was sent back by the U.S. Supreme Court following their decision in United States v. Rahimi.

The coalition argues that the three-judge panel from the Third Circuit erred when they ruled these laws unconstitutional under the Second Amendment, warning that this decision might affect similar age-based firearm restrictions across various states aimed at enhancing public safety.

"States must have the ability to protect citizens and communities from the harmful effects of gun violence and promote the safe use of firearms," stated 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 coalition maintains that Pennsylvania's regulation aligns with historical practices and state authority over gun safety laws, arguing that previous court decisions misinterpret how states can regulate firearms post-Bruen decision, which supports such regulations if they align with historical understanding.

Attorney General Bonta emphasizes that courts should uphold state measures promoting gun safety: "The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition." He noted that many states impose similar age-related restrictions, citing precedents supporting such measures under constitutional scrutiny.

Bonta joined forces with attorneys general 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 in filing this supportive brief.

A copy of the brief is available online.