The 3rd Circuit Court of Appeals responded to the motion for an en banc rehearing in Lara v. Paris by Pennsylvania’s Republican Attorney General, Dave Sunday, by voting 8-6 to deny rehearing.
Background of Lara v. Paris
This case started in Pittsburgh when the constitutionality of Pennsylvania’s ban on 18 to 20-year-olds carrying firearms outside their homes during declared states of emergency was challenged.
The U.S. District Court for the Western District of Pennsylvania ruled for Pennsylvania and upheld the constitutionality of the statute. However, in January 2024, a panel of judges in the 3rd Circuit reversed the District Court’s decision and declared the statute unconstitutional.
Pennsylvania, through then-Democrat Attorney General Michelle Henry, then appealed to the Supreme Court. When the Supreme Court decided the Rahimi case, they instructed the 3rd Circuit to reconsider their decision in light of that decision.
Then, in January 2025, the Third Circuit panel issued their decision reaffirming their prior ruling that the Pennsylvania laws were unconstitutional.
Pennsylvania then requested a delay in the time to ask the 3rd Circuit for rehearing by the full 3rd Circuit.
Then, less than a month after Republican Attorney General Dave Sunday was sworn in, his office decided to ask the 3rd Circuit for a rehearing by the full court.
Despite running as a “no-compromise” pro-gun candidate during the 2024 elections, Dave Sunday took less than a month to show that he wouldn’t stand with gun owners when his office requested the full 3rd Circuit reconsider the panel’s decision.
Pro-Gun Pennsylvanians Respond to Dave Sunday’s Betrayal
When Pennsylvania Gun Rights learned of this blatant betrayal of the Second Amendment by someone who claimed to be an ally, we knew that we couldn’t let this betrayal go unanswered.
Through email, text, and social media, we began informing pro-gun Pennsylvanians that Dave Sunday was reneging on his campaign promises, and the outrage began to pour in.
Shortly after the emails began pouring in, we at PAGR began to hear from inside the Capitol that the Attorney General’s office was taking notice of the demands that they drop their appeal in Lara v. Paris.
However, they did not act prior to the 3rd Circuit’s decision still leaving us to wonder if Attorney General Sunday will reverse course and honor his promises from the campaign trail.
Implications of the Decision
The 3rd Circuit’s denial of an en banc rehearing solidifies the Court’s position on gun rights and will potentially influence similar cases and the legislative approach in Harrisburg. It also shows that the Court understands that 18 to 20-year-olds are adults and are due the protections of the Constitution, including the Second Amendment.
Where Do We Go From Here?
We want to stress that this fight is not over yet.
While Dave Sunday does have the opportunity to do a 180, reverse course, and start protecting the Second Amendment rights of all Pennsylvanians, he could do just the opposite.
Dave Sunday does have the option to appeal the 3rd Circuit’s denial of an en banc rehearing to the U.S. Supreme Court.
Should he choose to take that route, it will further solidify Dave Sunday’s animosity towards the Second Amendment rights of Pennsylvanians and every gun owner should take notice.
Pro-gun Pennsylvanians need to take notice, step up, and make their voices heard by Attorney General Sunday.
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