Pennsylvania Under-21 Carry Lawsuit: Maines v. Bethel

Read this first: This is general information, not legal advice. The case described below is brand new, the court hasn't ruled, and Pennsylvania's current law remains in effect. If you have a question about your own situation, the statutes (linked under Sources) and a Pennsylvania attorney are the best places to start.

A new federal lawsuit puts Pennsylvania's under-21 carry license rule in front of a judge. The case is called Maines v. Bethel, and it asks whether Pennsylvania can keep adults ages 18 to 20 from applying for a license to carry a firearm. Here's what the lawsuit says, where it stands, and what Pennsylvania law says today, with links to every original document.

What is Maines v. Bethel?#

Maines v. Bethel was filed on October 29, 2026 in the U.S. District Court for the Eastern District of Pennsylvania (No. 2:26-cv-08301). It's assigned to U.S. District Judge Cynthia M. Rufe (court docket).

• Who's suing: Daniel Maines, along with Firearms Policy Coalition (FPC) and the National Rifle Association of America (NRA). According to the complaint, Maines is over 18 but under 21 and lives in Philadelphia County.
• Who's being sued: Philadelphia Police Commissioner Kevin J. Bethel and Pennsylvania State Police Acting Commissioner Lt. Col. George L. Bivens, both in their official capacities. (Bivens was named acting commissioner effective December 31, 2025, according to the governor's office.)
• What they're asking for: In the complaint, the plaintiffs ask the court to declare that Pennsylvania's bar on issuing carry licenses to 18-to-20-year-olds violates the Second and Fourteenth Amendments, and to order officials to stop enforcing the age limit in 18 Pa.C.S. § 6109(b) (complaint, plaintiffs' filing).

What does Pennsylvania's under-21 carry rule actually say?#

The rule at the center of the case is one sentence in 18 Pa.C.S. § 6109(b): "An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth." In other words, only people 21 and older can apply for a Pennsylvania license to carry.

That license matters a lot in Pennsylvania because other parts of the law depend on it. Without a license, state law generally bars, with limited exceptions:

• Carrying a firearm concealed or in a vehicle (18 Pa.C.S. § 6106).
• Carrying a firearm on public streets or public property in Philadelphia (18 Pa.C.S. § 6108).

The "limited exceptions" are real and specific. Section 6106(b), for example, covers people moving an unloaded firearm in a secure wrapper between places such as home and a place of purchase or repair, and licensed hunters while hunting or traveling to and from a hunt (who, under § 6106(c), must also hold a sportsman's firearm permit). They're narrow, so it's worth reading the statute itself rather than relying on a summary.

The plaintiffs also argue that being shut out of the state license keeps 18-to-20-year-olds from using the license exemption in the federal Gun-Free School Zones Act, which generally bars possessing a firearm within 1,000 feet of a school. That's the plaintiffs' argument in their filings; the court hasn't weighed in on it.

For a bigger-picture look at Pennsylvania's gun laws, see our Pennsylvania law page.

Can you carry a gun at 18 in Pennsylvania?#

This is the question most readers will have, so let's be careful and clear. Right now, an 18-, 19- or 20-year-old can't apply for a Pennsylvania license to carry. That's the 21+ rule in § 6109(b), and it remains in effect while the lawsuit is pending.

Without that license, concealed carry, carry in a vehicle and carry on Philadelphia's public streets and public property are generally off the table, with the limited exceptions mentioned above. In its 2025 Lara decision, the Third Circuit described the general picture this way: "Ordinarily, Pennsylvanians without a concealed-carry license may carry openly." The court then pointed out an important exception: during an emergency declared by a state or local executive, § 6107 bars carrying on public streets or public property unless a person fits one of that section's exceptions, such as holding a license (Lara opinion, slip op. at 5). Philadelphia's § 6108 rule and the vehicle rule in § 6106 still apply, too. Because these rules turn on where you are, how you're traveling and whether an emergency has been declared, it's worth reading the statutes and talking to a Pennsylvania attorney before you carry.

If you're wondering about buying rather than carrying, the age rules are different. Our guide How Old Do You Have to Be to Buy a Gun? walks through the federal buying ages, and the Pennsylvania law page covers the state side.

What did the plaintiffs ask the court to do on November 2?#

On November 2, 2026, the plaintiffs filed a motion for a preliminary injunction or, alternatively, summary judgment (Doc. 6 on the docket). Two quick definitions:

• A preliminary injunction is an early court order that would block a law while the case is still going on.
• Summary judgment is a final ruling without a trial, which a court can grant when the key facts aren't in dispute.

In their supporting memorandum, the plaintiffs ask the court to stop the defendants from enforcing Pennsylvania's age requirement, or, "especially given the state of the law in this Circuit," to simply enter summary judgment in their favor (memorandum, plaintiffs' filing). The motion came with declarations from Daniel Maines and two other people, plus a statement of undisputed facts, according to the docket.

Keep in mind that a motion is a request, not a decision. As of the docket we checked on November 3, 2026, the defendants hadn't filed a response, and no hearing date appeared on the docket.

What is the Lara case, and why does it matter here?#

The plaintiffs lean heavily on an earlier Pennsylvania case, Lara v. Commissioner Pennsylvania State Police, 125 F.4th 428 (3d Cir. 2025). The Third Circuit is the federal appeals court whose decisions bind federal courts in Pennsylvania, New Jersey and Delaware.

Here's the short version of Lara:

• What it held: In its January 13, 2025 opinion, the Third Circuit wrote: "We therefore reiterate our holding that 18-to-20-year-olds are, like other subsets of the American public, presumptively among 'the people' to whom Second Amendment rights extend" (Lara opinion).
• What relief it ordered: The court sent the case back with instructions "to enter an injunction forbidding the Commissioner from arresting law-abiding 18-to-20-year-olds who openly carry firearms during a state of emergency declared by the Commonwealth." That relief covered only Pennsylvania's emergency-carry law, § 6107. Lara did not strike down the 21+ license rule in § 6109(b).
• The Supreme Court declined to review it: The state asked the Supreme Court to take the case (No. 24-1329), and the Court denied that petition on June 30, 2026 (Supreme Court docket).

That gap is what Maines v. Bethel is about. Lara dealt with open carry during declared emergencies; Maines asks the court to take the next step and decide whether 18-to-20-year-olds can be kept from applying for a license to carry at all.

What happens next?#

As of the docket we checked on November 3, 2026, the court hasn't ruled on anything. The entries so far are the complaint, two routine court notices, the plaintiffs' required designation forms, a summons, and the plaintiffs' November 2 motion. Next, the defendants will have a chance to respond, and Judge Rufe will decide whether to hold a hearing and how to rule. We'll update our Pennsylvania law page as the case moves.

Until a court says otherwise, Pennsylvania's 21+ license-to-carry rule remains in effect and enforceable.

Maines v. Bethel FAQ#

• Has the court blocked Pennsylvania's under-21 carry license rule? No. As of November 3, 2026, the court hasn't ruled on the plaintiffs' motion, and the 21+ rule in 18 Pa.C.S. § 6109(b) remains in effect.
• Who filed Maines v. Bethel? Daniel Maines, Firearms Policy Coalition and the National Rifle Association of America filed the case on October 29, 2026 in the U.S. District Court for the Eastern District of Pennsylvania (No. 2:26-cv-08301).
• Who is the judge in Maines v. Bethel? The case is assigned to U.S. District Judge Cynthia M. Rufe.
• Can 18-to-20-year-olds get a Pennsylvania license to carry? Not right now. Under 18 Pa.C.S. § 6109(b), only people 21 and older can apply for a Pennsylvania license to carry.
• Did the Lara case already strike down Pennsylvania's carry license age? No. Lara (3d Cir. 2025) held that 18-to-20-year-olds are presumptively among "the people" protected by the Second Amendment, but its relief covered only open carry during declared emergencies under § 6107. The Supreme Court declined to review Lara on June 30, 2026.