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Christopher Paris, Commissioner, Pennsylvania State Police v. Madison M. Lara, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1832 · judgment January 18, 2024


GVR'd · October 15, 2024
Pre-decision estimate: 13% cert probability (95% interval 8%–20%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Third Circuit decision below, and counsel who has filed here before.

Question presented

Pennsylvania—like 31 other states and the federal government—establishes 21 as the minimum age for certain gun rights. A divided three-judge panel of the Court of Appeals ruled that these laws violate the Second Amendment and enjoined a Pennsylvania law prohibiting 18-to-20-year-olds from openly carrying firearms during a declared state of emergency. App.1a49a. The panel majority held that Pennsylvania had to point to specific Founding-era statutes imposing similar restrictions on the freedom of 18-to-20-year-olds to carry guns to prevail, and could not rely on any historical evidence from the mid-to-late-1800s. App.17a-20a, 25a-26a. In March of this year, the Court of Appeals denied en banc review by a narrow 7-6 vote. App.83a-84a. One of the dissenting Judges admonished her colleagues for the “perplexing” decision to preempt this Court’s then-imminent decision in United States v. Rahimi, noting that it would “necessarily bear on the panel’s reasoning and may well abrogate it[.]” App.105a. The question presented is: Do firearms laws that restrict the rights of 18- to-20-year-olds comply with the Second Amendment?

Counsel of record

For petitioner
Sean Andrew Kirkpatrick
Office of the Attorney General of the Commonwealth

For respondent
David H. Thompson
Cooper & Kirk, PLLC

Case

Conference history
Distributed for 1 conference

Linked docket
23A980

Proceedings

  1. Nov 18 2024
    Judgment Issued.
  2. Oct 15 2024
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Rahimi, 602 U. S. ___ (2024).
  3. Sep 18 2024
    DISTRIBUTED for Conference of 10/11/2024.
  4. Sep 10 2024
    Reply of petitioner Commissioner Pennsylvania State Police filed.
  5. Aug 29 2024
    Brief of respondents Madison Lara, et al. in opposition filed.
  6. Jul 25 2024
    Petition for a writ of certiorari filed. (Response due August 29, 2024)
  7. May 06 2024
    Application (23A980) granted by Justice Alito extending the time to file until July 25, 2024.
  8. Apr 25 2024
    Application (23A980) to extend the time to file a petition for a writ of certiorari from June 25, 2024 to July 25, 2024, submitted to Justice Alito.