Pennsylvania Won't Let Under-21 Adults Even Apply for Carry Licenses
The Firearms Policy Coalition and the National Rifle Association filed Maines v. Bethel on October 29 in the U.S. District Court for the Eastern District of Pennsylvania. The suit attacks a state rule that bars adults under 21 from applying for the licenses they need to carry in most settings. A member whose self-defense rights the Commonwealth is denying joined the FPC and NRA as a plaintiff. The groups argue that the ban exposes lawful 18-to-20-year-olds to felony charges and prison time for conduct that adults over 21 may engage in freely. They also say Pennsylvania has ignored recent court rulings, and this filing is their answer.
Key Details
The complaint centers on how Pennsylvania structures its carry rules. A person generally needs a license to carry a concealed firearm, to carry a firearm in a vehicle, or to carry in public in Philadelphia. Pennsylvania does not let adults under 21 apply for any of those licenses. The categorical bar applies to the whole age group, not to individuals with records.
- Filing date: October 29
- Court: U.S. District Court, Eastern District of Pennsylvania
- Plaintiffs: FPC, NRA, and one individual member
- Affected group: Adults aged 18, 19, and 20
- Open carry: Pennsylvania allows some unlicensed open carry, but the groups say that does not cover vehicles or Philadelphia streets for under-21 adults
- Federal exposure: The Gun-Free School Zones Act generally criminalizes firearm possession within 1,000 feet of school grounds unless the person holds a qualifying state license or meets a narrow exception
FPC Director of Litigation Brandon Combs said Pennsylvania should start treating adults as adults. He pointed out that 18-year-olds can vote, marry, sign contracts, and serve in the military, yet the state says they cannot apply for a license to carry in their own car. Combs also argued that because Pennsylvania refuses licenses to 18-to-20-year-olds, the federal school zone law turns ordinary streets into what he called a federal criminal trap. The NRA's litigation arm, NRA-ILA, cited NYSRPA v. Bruen and Lara v. Commissioner Pennsylvania State Police. It argued that Pennsylvania's licensing scheme violates the Second Amendment by denying law-abiding 18-to-20-year-old adults their general right to carry in public.
Background
The Supreme Court decided NYSRPA v. Bruen in 2022. The Court struck down New York's proper-cause requirement for public carry. It also set the test that courts now apply to gun laws. The government must show that a regulation fits within the nation's historical tradition of firearm regulation. Bruen did not settle every age question, which is why age-based fights keep reaching the courts.
The Third Circuit covers Pennsylvania, and it has already spoken on this issue. In Lara v. Commissioner Pennsylvania State Police, the court held that 18-to-20-year-olds are among “the people” protected by the Second Amendment. It also found that a different Pennsylvania age-based limit on carry conflicted with the historical tradition. The FPC says that ruling already covers the arguments the state keeps making. Pennsylvania's Uniform Firearms Act sets the licensing framework, and the age bar sits inside that structure.
Congress passed the Gun-Free School Zones Act in 1990 and amended it in 1995. The law makes firearm possession within 1,000 feet of a school a federal crime, with exceptions that include a state license issued where the school sits. Pennsylvania's refusal to license under-21 adults means that exception never opens for them. Combs has said the FPC has beaten age-based bans before, including in Pennsylvania.
Why It Matters for Gun Owners
The direct impact falls on Pennsylvanians aged 18 to 20. That group includes college students, young workers, and Philadelphia residents who commute by car. Under current law, a legal owner in that age range can carry openly in some places without a license. The same person cannot legally carry in a vehicle or on a Philadelphia street without a license, and the state will not issue one. Any trip that crosses a school zone adds federal exposure on top of the state issue.
Parents, coaches, and campus advocates should understand the distinction. A young adult who thinks open carry solves the problem may still face charges on the drive home. The 1,000-foot federal zone is broad, covers residential streets, and does not care whether the state law allows the carry. If you are under 21 in Pennsylvania, talk to a Pennsylvania firearms attorney before you carry in a vehicle or near a school. Watch the Maines docket in the Eastern District for scheduling orders and any motion to dismiss. A ruling in the groups' favor would reach the state's licensing structure directly.
DownRange Analysis
This case will test whether Pennsylvania's age line survives Bruen. A categorical bar on applying for a license, applied to an entire age group, is a hard sell under the historical-tradition test. The state will point to founding-era and later age restrictions, but historical analogues need to match the burden imposed. Pennsylvania's own Third Circuit precedent in Lara cuts against the state. The Fifth Circuit has also struck a federal handgun sale restriction on 18-to-20-year-olds, which shows the age question is moving in the same direction across circuits.
For gun owners in the commonwealth, the right move is to stay informed and keep your paperwork clean. Know the school zones on your regular routes. Do not treat unlicensed open carry as a substitute for a license if you drive. Contact your state representatives and ask why 18-year-olds can vote and serve but cannot apply for a carry license. The FPC and NRA have the resources to carry this case, so your job is to pressure the legislature while the litigation moves.
