4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

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cologeek
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4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by cologeek »

More bad news for the ban happy anti gunners.

The ruling can be found here: https://dl.airtable.com/.attachments/2b ... pinion.pdf

RICHARDSON, Circuit Judge:
When do constitutional rights vest? At 18 or 21? 16 or 25? 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.
Plaintiffs seek an injunction and a declaratory judgment that several federal laws
and regulations that prevent federally licensed gun dealers from selling handguns to any
18-, 19-, or 20-year-old violate the Second Amendment. 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 overinclusive 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.
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FOIA
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Re: 4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by FOIA »

If they can be trusted to carry a gun into battle in defense of our nation I don't see why they can't be allowed to carry one at home in defense of themselves.
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Muddling Through
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Re: 4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by Muddling Through »

cologeek wrote: July 13th, 2021, 5:28 pm More bad news for the ban happy anti gunners.

The ruling can be found here: https://dl.airtable.com/.attachments/2b ... pinion.pdf

RICHARDSON, Circuit Judge:
When do constitutional rights vest? At 18 or 21? 16 or 25? 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.
Plaintiffs seek an injunction and a declaratory judgment that several federal laws
and regulations that prevent federally licensed gun dealers from selling handguns to any
18-, 19-, or 20-year-old violate the Second Amendment. 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 overinclusive 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.
"This story makes me smile."

:mrgreen:
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Re: 4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by Cynical »

Muddling Through wrote: July 13th, 2021, 6:53 pm "This story makes me smile."

:mrgreen:
Made me smile too and I am going to laugh a lot when I go over to Dipshit Underground to see the shrieking, yelling and crying by the mental defects over there. Their posts of anger and despair never fail to make smile.
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Gamle-ged
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Re: 4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by Gamle-ged »

"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."

Of course, Communists in training pants (Socialists, Social-Democrats) consider the Constitution of the United States of America to be an outdated document, unnecessary so long as Democrats control the presidency and the Congress...
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Re: 4th Circuit rules Federal law banning handgun sales to 18-21 year olds unconstitutional.

Unread post by SatansSon666 »

Everything that is legal should be legal for anyone 18 years and older in every state.
Handguns should be no exception.
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