PA Court Upholds Firearm License Law for 18-to-20-Year-Olds
Posted in 2nd Amendment on July 2, 2025
The Pennsylvania Superior Court recently issued a significant opinion in Commonwealth v. Williams, 2025 PA Super 137, reinforcing the constitutionality of Pennsylvania’s firearm license requirements for individuals under 21.
The Case: Commonwealth v. Williams
In April 2023, Williams, a 19-year-old, was stopped during a routine traffic stop in York County. During the stop, police discovered a loaded 9mm handgun in his possession. Williams did not have a concealed carry permit and, under Pennsylvania law, was too young to obtain one.
PA Gun Laws
18 Pa.C.S. 6106(a) – requires any person carrying a firearm in a vehicle to have a concealed carry license issued pursuant to 18 Pa.C.S. 6109
18 Pa.C.S. 6109(b) – provides that only people 21 years of age or older can obtain a license to carry concealed in PA
This means that a person under 21 cannot get a license to carry concealed in PA, so a person under the age of 21 cannot carry a firearm in a vehicle.
Williams challenged the constitutionality of the laws that prohibited him from carrying a firearm in his vehicle. The York County judge denied the request and convicted Williams of carrying a firearm without a license under 18 Pa.C.S. § 6106, a third-degree felony.
He appealed, arguing that Pennsylvania’s firearm laws—specifically the license requirement for carrying a concealed firearm or possessing a firearm in a vehicle—violated his constitutional rights under both the Second Amendment and Article I, Section 21 of the Pennsylvania Constitution.
The Court’s Reasoning
The Superior Court rejected Williams’ constitutional challenge, finding:
Historical Tradition of Regulating Young Adults’ Firearm Access:
The Court emphasized that, historically, individuals under 21 were often treated as minors with restricted rights, including limitations on firearm possession. The Court cited founding-era laws and 19th-century regulations restricting minors’ access to weapons, supporting the constitutionality of Pennsylvania’s current laws.Carrying in a Vehicle is Comparable to Concealed Carry:
Williams argued that Pennsylvania lacked a historical tradition of restricting firearm possession in vehicles. The Court dismissed this, reasoning that carrying a firearm in a vehicle presents similar public safety concerns as concealed carry on one’s person. The Court concluded that licensing requirements for vehicle possession are consistent with historical firearm regulations.State Constitution Offers No Broader Protection:
Williams also argued that Article I, Section 21 of the Pennsylvania Constitution offers greater protection than the Second Amendment. The Court rejected this claim, reaffirming that Pennsylvania courts have consistently interpreted both provisions similarly regarding firearm restrictions.
Dispute between Pennsylvania and Federal Courts
In this case, Williamss criminal defense attorney cited to recent the Federal Court case of Lara v. Evanchick,891 F.4th122 (3rd Cir. 2024),cert. granted, judgment vacated sub nom.,Lara v. Commissioner Pennsylvania State Police, 125 F.4th428 (3d Cir. 2025). In that case, the Third Circuit Federal Court had held that 18 Pa.C.S. 6109 was unconstitional as it prohibited people over the age of 18 but less than 21 from obtaining a license. The Federal Court ruled that people in that age group were not historically prohibited from possessing or carrying a firearm.
The Third Circuit Court noted that the Second Militia Act of 1792, § 1 mandated that young men over the age of 18 but under the age of 45 must be enrolled in the militia. Basically, if young men were expected to carry a firearm in defense of their country historically, then they should enjoy that same right today.
The Williams Court rejected the analysis and rationale of the Third Circuit. They noted that the Militia Act imposed a requirement of gun possession and did not confer a right to possess a firearm.
Can somone under the age of 21 carry a firearm in a vehicle in PA?
The current answer is no. With the Williams decision, it allows PA prosecutors to charge and pursue convictions of 18 Pa.C.S. 6106 for possessing a firearm in a vehicle without a license.
The Williams decision is surely going to be appealed to the PA Supreme Court, but we will have to wait and see if that Court accepts the appeal.