Georgia Supreme Court Maintains Firearm Restrictions for Adults Under 21

Constitutional Challenge Unsuccessful in State's Highest Court

The ongoing legal battle over Second Amendment rights for young adults has faced another setback in Georgia, where the state's Supreme Court has affirmed restrictions on firearm possession and carry for individuals under 21 years of age. This May 28 ruling represents the latest development in a broader national debate about whether constitutional rights should have age-based limitations.

Background of the Legal Challenge

The Case: Stephens v. Georgia

The constitutional challenge originated when Thomas Stephens, a 20-year-old resident, was denied a weapons carry license by a probate court. Partnering with Georgia 2ndAmendment, a gun rights advocacy organization, Stephens initiated legal proceedings to challenge the state's restrictive law.

The plaintiff's legal strategy centered on overturning established precedent, specifically arguing that Georgia's constitutional provision regarding the right to keep and bear arms should be subject only to a "reasonable exercise of police power" test. This approach sought to fundamentally alter how courts evaluate firearm regulations in the state.

The Court's Reasoning

The Georgia Supreme Court's decision was grounded in adherence to established legal precedent. In their ruling, the justices stated:

"In sum, Stephens has not offered a compelling argument that the original public meaning of Paragraph VIII is meaningfully different from the construction developed through our Court's consistent precedent addressing the language of that provision over more than a century. Because he has not established that our precedent construing this language is clearly wrong, we decline his invitation to reconsider it. And because his only argument that the statute he has challenged violates Paragraph VIII requires that we reconsider that precedent, his constitutional challenge to the statute fails."

Current Law and Its Exceptions

Permitted Circumstances for Under-21 Possession

While Georgia maintains its general prohibition on firearm possession and carry for adults under 21, the statute includes several specific exemptions:

• Individuals who have completed military training
• Possession or carry on personal property
• Transportation in personal vehicles
• Carry at place of business
• Licensed hunting activities
• Licensed fishing activities
• Licensed sport shooting activities

These exceptions acknowledge certain circumstances where young adults may legitimately need access to firearms while maintaining the broader age restriction.

National Legal Landscape

Mixed Federal Court Decisions

The question of age-based firearm restrictions has produced varying outcomes across different federal jurisdictions. The legal landscape became more complex following significant Supreme Court precedent.

Pennsylvania Circuit Court Victory

A notable success for young adult gun rights occurred in January 2024 when the United States Court of Appeals for the 3rd Circuit, headquartered in Philadelphia, struck down Pennsylvania's prohibition on 18-20-year-olds carrying handguns during emergencies. The three-judge panel determined this restriction violated constitutional standards established by the 2022 Supreme Court decision in Bruen.

U.S. Circuit Court Judge Kent A. Jordan articulated the court's position in the majority opinion: "We understand that a reasonable debate can be had over allowing young adults to be armed, but the issue before us is a narrow one. Our question is whether the (state police) commissioner has borne his burden of proving that evidence of founding-era regulations supports Pennsylvania's restriction on 18-to-20-year-olds' Second Amendment rights, and the answer to that is no."

Ongoing Legal Efforts

Second Amendment Foundation's Campaign

The Second Amendment Foundation (SAF) continues its systematic approach to challenging age-based firearm restrictions across multiple states. Their most recent action represents their tenth such lawsuit, targeting Connecticut's comprehensive ban on adults under 21 purchasing, owning, or carrying handguns.

The Broader Constitutional Debate

Age-Based Rights Restrictions

This legal controversy highlights a fundamental question about constitutional interpretation: whether rights enumerated in the Constitution should be subject to age-based limitations for legal adults. Critics of such restrictions argue that if 18-year-olds can vote, serve in the military, and exercise other constitutional rights, they should also have access to Second Amendment protections.

State vs. Federal Constitutional Interpretations

The Georgia case demonstrates the complex interplay between state constitutional provisions and federal constitutional requirements. While the Georgia Supreme Court upheld the restriction under state constitutional analysis, the broader question of federal Second Amendment compliance remains contested in courts nationwide.

The varying outcomes in different jurisdictions suggest that this issue will likely require eventual resolution by the United States Supreme Court to establish uniform national standards for age-based firearm restrictions.