Civic Register
| 7.14.21
Appeals Court Panel Rules Federal Handgun Ban for Adults Under Age 21 is Unconstitutional
Do you agree or disagree with the appeals court panel’s ruling?
What’s the story?
- A three-judge panel of the Fourth Circuit Court of Appeals ruled on Tuesday that the federal ban on 18-to-20-year-old adults purchasing handguns from federally licensed dealers is unconstitutional under the Second Amendment. The 2-1 ruling could set in motion a series of court rulings resulting in the age to purchase a handgun being lowered from 21 to 18.
- The age restriction for handgun purchases was established by the Gun Control Act of 1968, which is a landmark federal firearms law. It included a ban on anyone under the age of 21 purchasing a handgun from a licensed federal firearms dealer, and also banned the purchase of rifles and shotguns by anyone under the age of 18.
- Judge Julius Richardson, who was appointed by President Donald Trump and confirmed by the Senate on a bipartisan 81-8 vote in 2018, wrote the majority opinion for the panel, which read in part:
“When do constitutional rights vest? At 18 or 21? Why not 13 or 33? In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different...
We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons. We then ask, as our precedent requires, whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny. To justify this restriction, Congress used disproportionate crime rates to craft over-inclusive laws that restrict the rights of overwhelmingly law-abiding citizens. 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. So we hold that the challenged federal laws and regulations are unconstitutional under the Second Amendment. 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.”
What’s next for the case?
- Known as Hirschfeld v. ATF, the case may receive an en banc hearing before the Fourth Circuit in the near future in which all of the appeals court’s 15 judges participate in the judicial review.
- Later this year or next, it’s possible that the Supreme Court may decide to take up the case on appeal.
— Eric Revell
(Photo Credit: iStock.com / artas)
The Latest
-
IT: 🛢️ New Vermont measure could charge Big Oil for climate damages, and... Do you think Trump is guilty?Welcome to Friday, May 10th, friends... Vermont could be one of the first states to hold Big Oil accountable for the damages read more... -
Stormy Daniels Takes the Stand in Trump Hush Money TrialUpdated May 9, 2024, 5:00 p.m. EST Adult film star Stormy Daniels, also known as Stephanie Clifford, spent two days on the stand read more... Law Enforcement -
Vermont Measure to Charge Big Oil for Climate DamagesWhat’s the story? Vermont is expected to become one of the first states to hold Big Oil accountable for the damages caused by read more... Environment -
IT: Trump's 2016 'deny, deny, deny' campaign strategy, and... How can you help the civilians of Ukraine?Welcome to Wednesday, May 8th, weekenders... As Trump's hush money trial enters it's third week, the 2016 campaign strategy of read more...
Climate & Consumption
Health & Hunger
Politics & Policy
Safety & Security
Agree
Agree. Unconstitutional
400 Million Deadly Weapons in a country of approximately 330 Million is Obscene ‼️ The highest Mass Murder rate in the World is obscene ‼️ Allowing 19 year olds to purchase Deadly Weapons is beyond Bizarre. Leave it to #FtheGOP to allow this Insanity to become reality. An 18 year old with 1/2 a brain and raging hormones is a formula for disaster. Unfortunately this makes sense to the Texas Three Stooges because the 2nd Amendment is sancrosanct.
We are in crisis with guns. If you can’t vote why give them guns?
This doesn't sound like an interpretation of the Constitution, but a opinion of when you can own a handgun. So, why not a 12 year old. Why is 18 special. Besides, it is a known scientific fact that the brain is not fully formed until a person's mid 20's. So, we put guns in the hands of children regardless.
Agree
Guns permits should only given to adults over 21 who have been through background checks and gun safety classes.
So those 21 and under can’t drink, rent a car or even buy cigarettes is some places, but can purchase guns. This decision is not only dangerous but illogical.
Could be interested in now and then to post a comment but would like sometimes to include a pic or two and don't see that as an option here...and don't understand why there is no picture of Mark Kelly
WTF how about we allow these 18-year-olds to come to the Supreme Court wearing their guns how would the justices feel about that. What’s happening here is appeasement to the lowest common denominator in America. The republican party. Republicans have become nothing more than fantasy world believers the tooth fairy, QAnon, vaccine conspiracies, any other conspiracy you could possibly think of, the bogeyman etc. etc. etc. And the Republicans in the Senate and the Congress Who are all wealthy people are using these intellectually handicapped Republicans to fatten their own pockets and nothing more. People like Mitch McConnell Devon Nunez Lindsey Graham Ted Cruz and Marco Rubio. They all know what they’re doing they’re praying on the stupidity of the base for their money. And the base is letting them use them as much as possible by following their fantasies. It’s pathetic it’s what happened in World War II it’s exactly the playbook from Adolf Hitler. Nobody in Germany thought the end result would be millions upon millions dead they just thought it was a game of control but that’s what’s happening here and the Republican party it has fast become the American Nazi party.
Will the Appeals court also overhaul alcohol restrictions on people under age 21? Will they also repeal marriage license laws in many states that require people under 21 to get parental approval to get married? (I got married at 20 and my wife was 19 - and we had to have parental consent in our State). The argument for overturning this law is that it is a constitutional right afforded all people and that the date for those rights to fully vest is arbitrary - so why is it the purpose of the court to redefine a legislated age limit to one that they feel would be better? Isn’t this, in fact, a case of the appeals court making the laws of the land instead of just interpreting the laws that legislators have made?
If we think you're not old enough to purchase alcohol (21), then how can we think you're old enough to purchase a gun? At least, like driving, require a person to take a test (both on paper and actual use, shooting range) on how to use a gun and basic gun safety, as a requirement.
Because the democRATs through their encouragement of violent crime by such evil as BLM/ANTIFA, every citizen needs to be armed for protection since the government does nothing to protect us.
stupid
There's no way we need more guns on the street especially in the hands of immature people
Handguns are not for anyone, much less under age 21!
no one is allowed to buy liqure until 21 and the same should be the same with guns and rifles u dont need emotionally stunted underage 18yr old and younger being able to buy a gun
We're the third largest nation in the world (China first, and India second). We don't need to send off our children at 18 to die. No gun possession or military service until 21, is my personal take on it. Kids should be able to enjoy themselves and those special years. Let's make it easier for our kids to be kids.
Right to bare arms does not mean anyone anywhere is entitled to guns
This is ridiculous. We have more then enough violence, we know that this age group still has a lot of development (mentally/emotionally) to do. This move is the Opposite of what the Majority of Americans are asking for.