Georgia Supreme Court Upholds Under-21 Handgun Ban, Sidesteps U.S. Constitutional Standards

On May 29, 2025, the Georgia Supreme Court unanimously upheld the state’s ban on public handgun carry for most individuals under the age of 21. The ruling comes in response to a legal challenge by 20-year-old Thomas Stephens, who had been denied a weapons carry license solely based on his age.

In its opinion, the court acknowledged the right to bear arms under the Georgia Constitution, but emphasized that this right is subject to the General Assembly’s power to regulate how weapons are carried. That power, the court claimed, includes imposing a blanket age restriction on public carry for legal adults under 21.

Georgia adds to the trend of withholding 2nd amendment rights from legal adults

State Law Over National Rights?

What stands out most in the ruling is not just the outcome, but the reasoning behind it. Writing for the majority, Justice Andrew Pinson made it clear that the court deliberately avoided applying federal constitutional standards. He criticized attempts to use federal doctrines—like “strict scrutiny” or the U.S. Supreme Court’s “history and tradition” test from Bruen—in the interpretation of Georgia’s constitution.

“We have repeatedly rejected efforts to import federal doctrine into our constitutional interpretation,” Pinson wrote.

In other words, the Georgia Supreme Court’s position is that the U.S. Constitution—and how the federal courts interpret it—is not relevant when evaluating the constitutionality of state laws under the Georgia Constitution.

That may be technically accurate from a jurisdictional perspective, but it raises serious concerns. The U.S. Constitution, including the Second Amendment, is the supreme law of the land. To say that a state can enforce a law that would likely be unconstitutional under federal standards, and then justify it by saying “we don’t have to care about those standards,” feels like a convenient excuse for continuing to deny legal adults their rights.

Legal Adults, Limited Rights

Under Georgia law, 18- to 20-year-olds may still possess handguns at home, in their vehicles, or while hunting, fishing, or working. Those with military training are exempt from the public carry age restriction. But for the average young adult, exercising the right to carry a handgun for self-defense in public remains legally out of reach.

This decision further highlights the broader legal inconsistency that plagues young adults across the country. At 18, Americans can vote, serve on a jury, join the military, and be charged as adults in court—but in many states, they cannot lawfully carry a firearm in public.

👉 For more context, see our related article:
Legal Adults, Limited Rights: The Second Amendment Fight for 18–20-Year-Olds

Local Tragedy, Misplaced Relevance

Some coverage of the case has referenced the 2024 mass shooting at Apalachee High School, where a 14-year-old murdered two teachers and two students. While this horrific event remains fresh in the minds of Georgia residents, it’s worth pointing out that it is not logically connected to this case. The shooter was well below the age covered by Georgia’s carry laws. To use that tragedy as background context for a ruling about 18- to 20-year-olds is emotionally charged but ultimately irrelevant.