Appeals court finds age-based handgun purchase ban unconstitutional
A federal appeals court ruled Tuesday that the long-standing federal ban on sales of handguns from licensed dealers to 18- to 20-year-olds is unconstitutional, because Congress in the 1960s did not demonstrate a good enough reason for the law.
In a 2-1 ruling, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit, based in Richmond, Va., found that the Second Amendment’s right to keep and bear arms is no different from other constitutional rights that start at age 18, so the government must have a justification to restrict that right.
“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,” Judge Julius Richardson wrote for the majority.
Richardson, a President Donald Trump appointee, was joined in the majority opinion by Judge G. Stephen Agee, a President George W. Bush appointee.
I don’t disagree.
This ruling is even more appropriate in the current zeitgeist with Gun Culture 2.0 more focused on self-defense than hunting, and being more urban than rural.
Letting 18 to 21-year-olds buy handguns and shoot them at indoor ranges (more common in cities and suburbs than wide-open ranges for rifles) will expand interest and participation in shooting and gun ownership.
Of course, the Biden Administration will fight it but there is hope that it will prevail nevertheless.
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This is very cool on a couple of levels. Since the ruling is against the federal law, it means that the federal law has been ruled unconstitutional across the entire country.
Of course the infringers will appeal the ruling so the ruling will go on hold.
BUT, the ruling ONLY applies to states within the 4th circuit. What I expect to happen is that a bunch of states outside of the 4th circuit will suddenly see a need to pass a state law banning the sale of firearms to adults 18 to 20 years of age.
If the original is not on its way to SCOTUS, then each of those state laws has to be fought in that circuit and until such time there are multiple rulings from different circuits in conflict it is unlikely to hit SCOTUS.
It might also be the case that the infringers don’t appeal. Thus limiting the ruling to just the 4th circuit.
All very interesting stuff.