Appeals Court: Dealers Can Sell Handguns to 18-Year-Olds

Comment by Jim Campbell

July 15th, 2021

Be clear, In a dissent, Judge James Wynn, a President Barack Obama appointee, accused his colleagues of breaking “new ground by invalidating a modest and long-established effort to control gun violence.”

This will in no way decrease shootings or homicides, if someone wants to kill, they will.

By Matthew Barakat

July 14, 2021

A federal law that for more than 50 years has banned licensed firearms dealers from selling handguns to young adults between age 18 and 21 is unconstitutional, a federal appeals court ruled Tuesday.

In a 2-1 opinion, the 4th U.S. Circuit Court of Appeals in Richmond overturned a lower court ruling upholding the law.

Judge Julius Richardson, a President Donald Trump appointee, wrote that the right to bear arms is a “cherished constitutional right” that vests at age 18.

“(W)e refuse to relegate either the Second Amendment or 18-to-20-year-olds to a second-class status,” Richardson wrote.

It is unclear whether the ruling would have any immediate impact.

A different appeals court, the 5th Circuit, ruled in an opposite manner on the same issue several years ago.

Also, the Bureau of Alcohol, Tobacco and Firearms, which is named as the defendant in the lawsuit, could seek an appeal before the full 4th Circuit panel.

The three-judge panel that ruled Tuesday had a 2-1 majority of GOP-appointed judges, but the 4th Circuit as a whole has a narrow majority of Democratic-appointed judges.

The ATF referred questions to the Justice Department, which did not immediately respond Tuesday to a call and email seeking comment.

Richardson, in his ruling, cites recent U.S. Supreme Court precedent, particularly the 2008 Heller decision, which declared that the Second Amendment applies to individuals and not just those connected to militia service.

He also cites historical references to the time of the Founding Fathers, noting that 18-year-olds typically served in the militia at age 18.

In a dissent, Judge James Wynn, a President Barack Obama appointee, accused his colleagues of breaking “new ground by invalidating a modest and long-established effort to control gun violence.”

“But 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 wrote.

Tuesday’s ruling was prompted by a lawsuit by 19-year-old Natalia Marshall, a University of Virginia student who said she wanted a handgun as protection from an abusive ex-boyfriend.

A federal law, enacted in 1968, bars federally licensed dealers from selling handguns to persons under age 21.

But those age 18 and over are still permitted under federal law to purchase handguns from a private party. They also are allowed to buy long guns from a dealer.

The National Rifle Association said it applauded the decision.

“The Fourth Circuit Court of Appeals recognized today that millions of young adults must be allowed to exercise their fundamental constitutional right,” said Amy Hunter, the NRA’s director of media relations, in an emailed statement.

THE END

About JCscuba

I am firmly devoted to bringing you the truth and the stories that the mainstream media ignores. This site covers politics with a fiscally conservative, deplores Sharia driven Islam, and uses lots of humor to spiceup your day. Together we can restore our constitutional republic to what the founding fathers envisioned and fight back against the progressive movement. Obama nearly destroyed our country economically, militarily coupled with his racism he set us further on the march to becoming a Socialist State. Now it's up to President Trump to restore America to prominence. Republicans who refuse to go along with most of his agenda RINOs must be forced to walk the plank, they are RINOs and little else. Please subscribe at the top right and pass this along to your friends, Thank's I'm J.C. and I run the circus
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5 Responses to Appeals Court: Dealers Can Sell Handguns to 18-Year-Olds

  1. Pingback: Appeals Court: Dealers Can Sell Handguns to 18-Year-Olds – Liberty & Freedom

  2. Annie says:

    Goodness! I just think that this was a very bad decision. Most boys these days are just too immature, let alone have an interest in a gun in knowing how to shoot unless they’ve grown up with parents teaching them in hunting and protection skills, and being smart when using. I think shooting glasses should be mandatory for at least 6 weeks and then a test at the end to make sure they are qualified to purchase a hand gun. This could be very serious having a weapon in the wrong hands of a juvenile, and maybe even one who is out to revenge another. Sounds too deadly for me to digest. The age limit was fine just the way it was; no need to have it changed.

    Like

    • JCscuba says:

      Well said as usual my friend. In today’s world their are enough nut jobs running around. Putting guns in the hands of kids that young to day makes little sense. We must remember in the first Revolutionary War, little kids fought and killed the red coats. Training Training Training.

      Like

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