8 Battles in the Struggle to Protect the Rights of Young Adults

The civil-rights battle to ensure that government entities at every level recognize the Second Amendment-protected rights of American adults aged 18, 19 and 20 years old is currently being fought at several levels, with a mixed bag of results.

Unjust laws targeting young adults abound at both the federal and state level. Interestingly, in most states, these same young adults have all of their other rights recognized.

Legally, young adults should be recognized as having the same rights protected under the Constitution as adults over 21. Judge Julius Richardson of the Fourth Circuit Court of Appeals said back in 2021, when he wrote in his opinion in Hirschfeld v. ATF: “When do constitutional rights vest? At 18 or 21? 16 or 25? Why not 13 or 33? In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different.”

Unfortunately, many courts and jurisdictions don’t see it this way. Let’s look at eight recent developments in this ongoing battle, some in the courtroom and some in state legislatures.

1. Late last year, the NRA filed a lawsuit challenging the state of Pennsylvania’s prohibition on concealed carry by adults under 21. Under the state law, a person must apply for a license to carry a firearm; however, according to the complaint filed in Young v. Ott: “Adults under 21 years of age, however, are flatly declared ineligible to apply for or obtain a [carry permit] by the Commonwealth. Consequently, the government officials charged with administering the licensure process at the local level—including the local Defendants here—routinely refuse to issue [carry permits] to adults under the age of 21.”
2. In February, the Fifth Circuit Court of Appeals unanimously ruled that the federal ban on federal firearms licensees (FFLs) selling handguns to 18-to-20-year-old adults violates the Second Amendment. In the ruling, the court noted that the “government argues that a limited ban on the purchase of handguns from FFLs is not an infringement on the Second Amendment rights, and in any event eighteen-to-twenty-year-olds are not among ‘the people.’” The three-judge panel considering the case rejected that claim.
   
   
3. On April 21, the U.S. Supreme Court declined to review an appeal from the state of Minnesota, allowing to stand an 8^th Circuit Court of Appeals ruling that a ban on obtaining carry permits by 18-20 year olds is unconstitutional. The decision in Worth v. Jacobson paves the way for 18-, 19- and 20-year-old adults to apply for permits from their local sheriffs. Notably, the NRA Institute for Legislative Action has been advocating on behalf of the rights of young adults for decades and previously filed an amicus brief supporting the challenge.
   
   
4. Last month, the NRA filed a Petition for Certiorari in NRA v. Glass, asking the U.S. Supreme Court to hear its challenge to Florida’s prohibition on firearm purchases by adults under 21. Since 2018, Florida has banned 18-to-20-year-olds (with few exceptions) from purchasing any firearm, of any kind, for any purpose, with a possible penalty of five years’ imprisonment, a fine of up to $5,000 or both. The NRA is committed to fighting this ban until it is stricken from Florida law.
   
   
5. In a less positive result, on May 28, the Georgia Supreme Court upheld the state law banning possession or carry of firearms by adults under 21, ruling that it does not violate the state’s constitution. The statute in question does have some exemptions, including those under 21 who have received military training or who possess or carry handguns on their property, in their vehicle or place of business or for hunting, fishing or sport shooting with a license. But the majority of young adults in Georgia are still denied their right to keep and bear arms by the law.
   
   
6. As mentioned previously, the battle for young adults’ rights is also being fought in state legislatures throughout the nation. In April, Iowa lawmakers passed, and Gov. Kim Reynolds (R) signed into law, a pro-Second Amendment bill that lowered the minimum age to obtain certain firearm permits from 21 years of age to 18. The new law ensures that young adults can fully exercise their constitutional rights by aligning the concealed-carry permit age requirement with other adult responsibilities and rights recognized at 18. 
   
   
7. Earlier this month, Nevada Gov. Joe Lombardo (R) vetoed a measure that would have banned young adults under 21 from possessing semi-automatic rifles and shotguns and would have further restricted youth access to these firearms for lawful hunting and recreational shooting. The measure, Assembly Bill 245, would have been a blow to 18-, 19- and 20-year-olds wishing to practice their Second Amendment-protected rights in the Silver State.
   
   
8. Meanwhile in Colorado, where earlier this session Gov. Jared Polis (D) signed into law one of the most-sweeping gun bans in the country, the governor also signed a measure that restricts the purchase of ammunition based on age, prohibiting anyone under 21 from purchasing ammunition of any kind in the state. House Bill 25-1133 is a heavy blow that affects young adults who are legally permitted to possess and use firearms, including those who do so for hunting, sport shooting and personal protection.