Recently, the Supreme Court in Pennsylvania has changed its gun control laws for 18 to 20-year-olds. The decision states that while under a state of emergency, 18 to 20-year-olds may not carry a weapon.
While the argument centers on taking firearms away from people under domestic violence restraining orders, Second Amendment advocates argue that it runs afoul of the rights that the amendment gives. During these contentious times of gun control, we as citizens and their families can be placed in potentially deadly situations with no way to protect ourselves. If you have a loved one that you lost too soon due to their inability to defend themselves, you could be eligible to file a wrongful death lawsuit. You shouldn’t have to fight for justice while you are grieving. You should just be able to protect yourself and your loved ones.
Understanding the Recent Supreme Court Decision
Last year, it was law that Pennsylvania's 18- to 20-year-olds could not carry during a state of emergency. This January, it was decided that that ruling was unconstitutional, and 18 to 20-year-olds were allowed to open carry per Pennsylvania law again. As of October 2024, it has been overruled, and it is illegal for 18 to 20-year-olds to open carry during a state of emergency. It’s hard to keep up with the ever changing gun laws, which also vary by state, and still feel as though your constitutional rights are being upheld.
The Supreme Court has passed rulings without comment, although for their most recent gun control rulings, they clarified that modern gun restrictions do not require a “historical twin” in order to be lawful. So, although there is a lack of historical precedent for such a law during a state of emergency, younger gun owners could potentially lose the ability to protect themselves in dire situations.
Public Safety Concerns and Gun Violence
Gun control in our country is a frequently debated topic; and in the state of Pennsylvania, it’s just as involved. They have many different restrictions and nuances of gun control laws that change based on the city, location, age, and even now, the state of crisis the citizens may be in. When you are 18, you are legally allowed to openly carry a weapon while also following the other laws that prohibit based on location or circumstance, but that also opens more citizens to carry and have access to deadly weapons, which in theory could increase the number of public shootings that occur in the state.
You must be able to pass a background check in the state to purchase a weapon. There is no requirement for additional training or even secure storage in your home. There is an argument about how few requirements there are to purchase a weapon in the state and how openly and far-reaching you can carry it. The debate in Pennsylvania continues on about gun control, but it’s important to remember that everyone is discussing this with one thing in mind: safety.
Wrongful Death Cases and Missed Opportunities for Safety
Losing a loved one unexpectedly for any reason is devastating. A wrongful death is when the loved one’s death was the result of someone else’s negligence, and if that is the case, then that negligent party needs to be held fully accountable for their actions under Pennsylvania law. Examples of negligence can include more common occurrences, like workplace negligence, corporate greed, hazardous property conditions, or even inadequate care in a hospital.
But gun violence can also lead to a wrongful death lawsuit. When a loved one is fatally injured in a gun-related incident, you can reach out to an experienced wrongful death attorney to seek compensation. A wrongful death lawyer can help the loved ones of the victim hold all parties accountable for their family’s loss.
There are gun negligence laws that can help guide your family when fighting for justice in a wrongful death scenario. When it comes to this new law that bans 18 to 20-year-olds from carrying weapons during a state of crisis, we may be facing a new set of negligence if someone is lost. If a 19-year-old, who normally carries but is unarmed during a state of emergency and then they are robbed and subsequently loses their life, this may be grounds for a wrongful death lawsuit. Could they have protected themselves if they were armed as they usually were? Would they still be here? Is this setting our young gun owners up for defenseless situations? We may never know the answers. This is why it is imperative for families to have the right to pursue lawsuits in situations where they believe the death of their loved ones could have been prevented.
Protecting Your Loved Ones and Fighting for Justice
The Pennsylvania wrongful death attorneys at Freeburn Law know that nothing can truly compensate for the loss of a loved one. At Freeburn Law, we can help your family build a solid case to bring justice to your loved one and compensation for your family. Along with the suffering and immeasurable loss of your family member, you still have medical bills, future lost income, and even funeral expenses.
Our attorneys are dedicated to answering any questions regarding filing for wrongful death and helping determine who to hold accountable. Gun control laws can leave you or your loved ones exposed, but we work to protect your family. Contact us today to start discussing your case because we are the lawyers you can talk to, and most importantly, we are the kind of lawyers who will listen.
