Pennsylvania Attorney General Breaks Promise and Defends Gun Law

Pennsylvania Republican Attorney General Dave Sunday has broken his promise to defend the gun rights of the Commonwealth’s citizens.

On February 10th, AG Sunday filed a petition to overturn a court ruling that said the state’s law preventing 18–20-year-olds from carrying firearms during a declared state of emergency was unconstitutional. Many gun rights activists believed that Sunday wouldn’t contest the ruling in Lara v Paris because the Republican ran as a no-compromise candidate when it came to gun rights. Now, the Attorney General seems to be having a change of heart on guns.

The Second Amendment Foundation (SAF) and Firearms Policy Coalition (FPC) case, Lara v. Paris, challenged the Keystone State’s gun law that tried to deprive those under 21 of their Second Amendment-protected right to keep and bear arms during a declared state of emergency. Pennsylvania tried to argue that “the people” referred to those over 21 and those under that age do not have gun rights. A three-judge panel from the Third Circuit Court of Appeals rejected the Commonwealth’s argument. It stated that the people are those that are the age of majority, which in the United States is 18, and it struck down the law as unconstitutional.

AG Sunday is now requesting an en banc review of the case. If an en banc review is granted, the panel’s decision will be vacated, and the law will again be in effect. The Third Circuit is not friendly towards gun rights, which means that Sunday could be setting up the gun community for a loss. This group is the same community that helped elect him to office.

Without the support of the gun-owning community, Sunday would have lost his election. Many Pennsylvania gun owners feel that Sunday’s action is a stab in the back. One Pennsylvania gun owner who AmmoLand News spoke to said it felt as if Sunday just said what gun owners wanted to hear to get their votes. They referred to him as a typical politician.

Sunday’s decision to file an en banc petition with the Third Circuit last week effectively kept the law alive. No one could force him to file an en banc, so it is a mystery why he chose to backpedal on his promises to gun owners. He has not publicly addressed his change of position.

Most gun rights groups endorsed AG Sunday after he made promises to protect gun rights for all Pennsylvania gun owners. Now those same gun groups are calling Sunday out on his flip-flopping on gun issues. One of the groups that endorsed Sunday was Gun Owners of America (GOA). The group says that the Attorney General indicated to them that he would oppose the law when he was running for office.

“I am flabbergasted by AG Dave Sunday’s actions,” GOA PA State Director Val Fin Finnell said, “On his 2024 candidate survey, Mr. Sunday indicated that he OPPOSES laws that would take away the rights of 18-20-year-olds to buy and possess firearms. But AG Sunday’s recent petition for the en banc review does just the opposite.”

Gun rights groups are pushing for their members to contact the Attorney General’s Office and demand that AG Sunday withdraw the petition for an en banc hearing. Whether AG Sunday listens to the people who helped him become the Attorney General remains to be seen.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.