Two 19-year-old women from Blair and Luzerne counties have joined forces with the National Rifle Association of America and the Firearms Policy Coalition to challenge the constitutionality of Pennsylvania’s Uniform Firearms Act that bars the issuance of licenses to carry firearms for adults under 21 years of age.
Philadelphia attorney Gary F. Seitz last week filed a civil rights petition with the federal District Court in Johnstown that contends Pennsylvania law prohibiting county sherrifs, and the police chief of Philadelphia, from issuing carry licenses in their respective jurisdictions to under-21s violates the Second Amendment rights of Hannah Young of Altoona and Ariana Palmaccio of Freeland, Luzerne County.
Young maintains she is reluctant to seek a carry license from the office of Blair County Sheriff James Ott because of a notice on the Department’s website that indicates those applying for a carry permit must be a citizen or a naturalized citizen, 21 years of age and a resident of the county.
The penalty is severe for those between the ages of 18 and 21 who seek to carry a firearm, either on their person or in their vehicles, if they do not have a valid license.
They can be charged with a first-degree misdemeanor, which is punishable by up to five years in prison, according to the lawsuit.
Violators can also face charges under both federal and state laws that prohibit unlicensed individuals from carrying within 1,000 feet of a school.
While Young is hesitant to apply for a permit in Blair County, Palmaccio states she did apply for a carry permit from the office of Luzerne County Sheriff Brian Szumski, whose website lists the same permit requirements as the Blair Sheriff’s Department.
She was refused a permit because, like Young, she is only 19.
The two women belong to the National Rifle Association headquartered in Fairfax, Va., and the Firearms Policy Coalition of Clark County, Nev.
The NRA and FPC are also listed as plaintiffs in the case.
According to the lawsuit, the NRA is a nonprofit organization that “is America’s oldest civil rights organization and foremost defender of Second Amendment rights,” the lawsuit stated.
It was started by Civil War generals who sought to “promote firearms marksmanship and expertise amongst the citizenry,” the lawsuit continued.
The organization has millions of members, according to the lawsuit.
The FPC is also a nonprofit with the mission “to promote and protect individual liberty, private property, and economic freedoms.”
The defendants in the
lawsuit include Ott and Szumski, as well as Col. Christopher Paris, the Commissioner of the Pennsylvania State Police.
The state police are charged with enforcing the Uniform Firearms Act.
The plaintiffs are asking District Judge Stephanie L. Haines to find the age restriction barring issuance of carry licenses to adults under 21 in violation of the Second and Fourteenth Amendments to the Constitution.
It is seeking a court order enjoining the enforcement of the policy of limiting carry licenses to those 21 or over and asks for attorneys fees as well as “nominal damages” from the two sheriffs.
“On their 18th birthdays, the two women in this case became legal adults for almost all purposes and certainly for the purpose of exercising their other constitutionally protected rights. They can vote, enter into contracts, and get married. They can join the military and die for their country,” the lawsuit emphasized.
It continued, stating the laws challenged in this case “prevent (the women) from exercising their Second Amendment protected rights on a par with other law-abiding adult Americans.”
Both women cite concerns for their personal safety as among the reasons for obtaining licenses to carry.
Young works at a mental health clinic and often travels by car and foot through Altoona’s downtown and other areas known for “high instances of crime.”
She has felt threatened in walking to and from her car, and she has walked through areas “where loitering men have directed sexual or unwelcome comments toward her.”
Palmaccio is pregnant and is concerned for the safety of her unborn child.
She, in walking through nearby Wilkes-Barre in Luzerne County, where the father of her unborn child lives, has been beset by “catcalling” and threats.
She also works as an excavator and often ends up alone at job sites. Some of her work locations are in wooded areas where wildlife, including bears, sometimes bring danger.
She said she must often pass through other areas known as unsafe, “especially (for) a small female.”
Ott stated Monday that he was aware a lawsuit was coming, but he has not yet seen it. He said he couldn’t comment until he has had a chance to read it and consult with an attorney.
He said, however, in issuing permits, he follows the guidelines established by the legislature.
With respect to this situation, the constitutionality of the legislation is in question.