Federal Court Rules That Ban on Handgun Sales for Under 21-Year-Olds Is Unconstitutional

Contact Your Elected Officials
The Epoch Times

A federal appeals court ruled on July 13 that a federal law banning handgun sales to young adults is unconstitutional.

In a 2–1 vote, the three-judge panel of the 4th U.S. Circuit Court of Appeals found that a law Congress passed in 1968 that sets a minimum age of 21 for purchasing handguns violates the Second Amendment.

“Looking through this historical lens to the text and structure of the Constitution reveals that 18- to 20-year-olds have Second Amendment rights. Virtually every other constitutional right applies whatever the age. And the Second Amendment is no different,” Judge Julius N. Richardson, an appointee of President Donald Trump, wrote in the ruling.

“The militia laws in force at the time of ratification uniformly required those 18 and older to join the militia and bring their own arms. While some historical restrictions existed, none support finding that 18-year-olds lack rights under the Second Amendment.”

Judge G. Steven Agee, an appointee of President George W. Bush, joined in the decision.

The two judges found that Congress didn’t meet its burden to justify passing the law in 1968.

“Congress used disproportionate crime rates to craft overinclusive laws that restrict the rights of overwhelmingly law-abiding citizens,” the majority opinion stated. “And in doing so, Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes.”

“Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status. … Congress may not restrict the rights of an entire group of law-abiding adults because a minuscule portion of that group commits a disproportionate amount of gun violence.”

The ruling is a victory for Natalia Marshall, from Virginia, who filed a lawsuit in 2018 against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to challenge the law after she was denied a gun from a licensed firearms dealer because she was 18 at the time of the attempted purchase.

BY MIMI NGUYEN LY

Read Full Article on TheEpochTimes.com

The Thinking Conservative
The Thinking Conservativehttps://www.thethinkingconservative.com/
The goal of THE THINKING CONSERVATIVE is to help us educate ourselves on conservative topics of importance to our freedom and our pursuit of happiness. We do this by sharing conservative opinions on all kinds of subjects, from all types of people, and all kinds of media, in a way that will challenge our perceptions and help us to make educated choices.

The Choices We Make

Death and disagreement are inevitable. Love and hate are choices. We will all die. Before we do, what choices will we make?

Elon Musk Speaks at Unite the Kingdom Rally

Tommy Robinson held rally, with Elon Musk appearing virtually, calling attention to leftist politicians who allow foreign immigrants to invade England.

Doxed Democrats Are Getting Fired Left and Left

Not a misprint because a title of “left and...

Hold Up, Feds, Without Federalism, There Is No USA

Federalism is essential to governing the U.S., yet the federal government is undermining it by bribing states to implement unnecessary federal programs.

A Widow Inspires The World

Erika Kirk moved the nation with her speech two days after her husband’s assassination, vowing to continue his mission and grow Turning Point USA.

Parents Sue Character.AI for Allegedly Leading Kids to Sexual Abuse, Suicidal Behavior

Parents allege in three lawsuits that Character.AI’s chatbots sexually abused their children and drove them toward suicidal thoughts and behavior.

Tyler Robinson Makes First Appearance in Court, Faces Capital Murder Charge in Charlie Kirk Assassination

Tyler Robinson remained motionless throughout his first court appearance on capital murder and other charges after the shooting death of Charlie Kirk.

Trump to Appeal Ruling Allowing Fed Governor Lisa Cook to Keep Her Job

The Trump admin will appeal a three-judge panel’s ruling that prevents the president from firing Federal Reserve Governor Lisa Cook.

Charlie Kirk’s Alleged Murderer Confessed Shortly After Shooting, Messages Show

The man accused of murdering conservative influencer Charlie Kirk confessed to the killing in text messages, authorities said on Sept. 16.

Rubio Says US Visa Revocations Underway After Charlie Kirk Death Celebrations

SoS Marco Rubio said foreign nationals who made celebratory comments over Charlie Kirk’s assassination will have their U.S. visas revoked.

Trump Supports Designating Antifa a Terrorist Organization

President Trump said he would support designating the antifa movement a terrorist organization in the wake of Charlie Kirk’s assassination last week.

US Conducts Strike on Another Drug Boat From Venezuela: Trump

Three people were killed in a U.S. strike on a Venezuelan drug boat, President Donald Trump announced on Sept. 15.

Trump Signs Memo Targeting Direct-to-Consumer Pharmaceutical Advertising

President Trump signed a memo to ensure drug ads give fair, balanced, and complete information to protect and inform American consumers.
spot_img

Related Articles

Popular Categories

MAGA Business Central