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Judge lifts stay on challenge to firearms carry ban

The federal judge who earlier this year stayed a challenge to Pennsylvania’s ban on issuing firearms carry permits to adults under 21 years of age has reversed direction and now will allow the case to move forward.

The civil rights lawsuit was filed late last year by Hannah Young of Blair County and Ariana Palmaccio of Luzerne County, two 19-year-old women who argue that the ban is unconstitutional under the Second and Fourteenth Amendments.

The women in their lawsuit say they are seeking gun carry permits for self-defense.

The two are joined in the lawsuit by the Firearms Policy Coalition Inc., headquartered in Clark County, Nev., and the National Rifle Association of Fairfax, Va.

The defendants in the lawsuit include State Police Commissioner Col. Christopher Paris, who is responsible for enforcing the state’s Uniform Firearms Act, which bars carry permits for adults under 21 years of age, Sheriff James Ott of Blair County and Sheriff Brian Szumski of Luzerne County, the officials responsible for the issuance of carry permits in their respective jurisdictions.

The issue is controversial because, as young adults, the women say they enjoy the rights to vote, speak out and assemble, and maintain they “are among the people” whose rights are protected under the Constitution.

Their lawsuit also seeks a preliminary injunction to bar enforcement of the carry ban.

U.S. District Judge Stephanie L. Haines, presiding in the District Court in Johnstown, imposed a stay on the Young-Palmaccio challenge because a lawsuit concerning the same issues was already before the 3rd U.S. Circuit Court of Appeals in Philadelphia.

That case, known as Madison Lara v. the Commissioner of the State Police, had also been filed in Western Pennsylvania.

U.S. District Judge William S. Stickman IV, in his opinion, upheld the ban, but the plaintiffs in that case appealed the ruling.

A three-judge panel of the Appeals Court overturned the Stickman decision.

The state police commissioner then sought further hearing before the entire 3rd Circuit Court.

Haines at this point was asked by the commissioner to put a hold on the new case filed with the District Court In Johnstown.

She imposed a stay on the Johnstown case on Jan. 8.

On Jan. 17, a 3rd Circuit panel that included 13 judges rejected the request to rehear the case.

After that ruling, the state police commissioner noted he was “strongly considering” an appeal of the 3rd Circuit ruling to the United States Supreme Court, and he asked the stay remain in place pending a decision whether to request Supreme Court intervention.

Haines, in an order issued late last week, determined, “it is appropriate to lift the stay in this case at this time.”

In her order, she explained that under the law, the same court that imposes a stay “has the inherent power and discretion to lift the stay.”

The reason for imposing the stay no longer exists, as the 3rd Circuit review of the Lara case has been completed, she emphasized.

“In short, now that the 3rd Circuit has fully decided Lara, the Court will not further delay resolving Plaintiffs’ claims in light of a potential petition for certiorari to the Supreme Court, a petition that may not be granted (if it is sought), and even if granted, may not ultimately be resolved for a significant period of time,” Haines stated in her order.

She also instructed the commissioner and the sheriffs to respond to the request for an injunction on the ban and an answer be filed to the Young-Palmaccio lawsuit by March 26.

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