Federal court: Ban on gun sales for Americans under 21 is unconstitutional

WHAT YOU NEED TO KNOW:

• The 4th Circuit Court of Appeals ruled on Tuesday that the federal ban on handguns for young adults aged 21 below is unlawful.
• In a 2-1 vote, the federal court cited the Second Amendment as a basis to uphold the rights of 18- to 20-year-old Americans to own a handgun.
• Judge James Wynn, the opposing magistrate, described the ruling as a “gun lobby” win.

In a 2-1 vote Tuesday, the 4th Circuit Court of Appeals ruled that the US’ restrictions on handgun for American adults below 21 is unconstitutional.

The federal court noted that the Second Amendment includes up to 18 to 20 years old following another federal law restraining them from procuring pistols from authorized dealers.

“Our nation’s most cherished constitutional rights vest no later than 18,” Judge Julius Richardson wrote in his decision.

While the court praised the lawmakers’ move to prevent further crimes and other violent incidents, it remained firm that the ban was going against adult gun rights.

“We also recognize that the Second Amendment embodies a fundamental, pre-existing right that enables ‘the people’ to preserve their own life, liberty, and property,” the ruling noted.

“History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” the statement continued, adding that “those over 18 were universally required to be part of the militia near the ratification, proving that they were considered part of ‘the people’ who enjoyed Second Amendment rights, and most other constitutional rights apply to this age group. And 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.”

Two young adults in Virginia, Natalia Marshall and Tanner Hirschfeld were the plaintiffs of a previous case that was brought to court last November 2020. Marshall wanted to acquire a handgun for her protection over her rude ex-boyfriend.

“Her mom got a protective order against him because he was abusive,” her attorney shared at the time. “He violated that. He was found with guns and drugs, and didn’t show up to court.”

The Bureau of Alcohol, Tobacco, Firearms, and Explosives and Attorney General Merrick Garland were listed as defendants in the case.

The opposing Judge, James Wynn, denounced the ruling, calling it a “gun lobby” win.

“The majority’s decision to grant the gun lobby a victory in a fight it lost on Capitol Hill more than fifty years ago is not compelled by law,” Wynn said in his dissenting opinion. “Nor is it consistent with the proper role of the federal judiciary in our democratic system.”

According to the ATF, young adults (below 21) “may acquire a handgun from an unlicensed individual,” if they are not restrained from having a firearm per law and had it bought in the same state where the law applies.

Americans above age 18 could purchase rifles and shotguns from federal-licensed firearms retailers in most states, but they are generally excluded from getting handguns. 

Source: YAHOO News