4th circuit rules banning handgun sales to 18/20 YO unconstitutional

Admin

Staff member
Administrator
Moderator
NES Member
Rating - 100%
18   0   0
Joined
Feb 25, 2005
Messages
40,372
Likes
22,117
Location
Monadnock area, NH
This is a big one.

As Judge Julius Richardson wrote for the three-judge panel . . .


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. (emphasis added).


Richardson is a Trump appointee. He was joined in the decision by Judge G. Steven Agee (a George W. Bush appointee). Judge James A. Wynn (a Clinton appointee) dissented.

Ruling is here.

 

chuckules

NES Member
Rating - 0%
0   0   0
Joined
Jun 13, 2009
Messages
525
Likes
667
Location
One of the Bridgewaters
Page 83 - Decision
“Eighteen- to twenty-year-olds have Second Amendment rights, and the challenged laws impermissibly burden those rights. As a result, we vacate the district court’s grant of the motion to dismiss, reverse the denial of summary judgment, and remand for further proceedings.”

For the more legalese minded of us…what practical effect does this have? Any immediate effect in the 4th Circuit? …or does “remand for further proceedings” imply something like “OK, now someone else will decide when this takes effect”.

Thank you
 

Mesatchornug

NES Member
Rating - 100%
8   0   0
Joined
Dec 11, 2011
Messages
4,920
Likes
7,648
Location
People's Republik
Page 83 - Decision
“Eighteen- to twenty-year-olds have Second Amendment rights, and the challenged laws impermissibly burden those rights. As a result, we vacate the district court’s grant of the motion to dismiss, reverse the denial of summary judgment, and remand for further proceedings.”

For the more legalese minded of us…what practical effect does this have? Any immediate effect in the 4th Circuit? …or does “remand for further proceedings” imply something like “OK, now someone else will decide when this takes effect”.

Thank you
In my understanding, it goes back to the original court, to be re-decided with respect to this updated guidance.
 

Waher

NES Member
Rating - 0%
0   0   0
Joined
Jan 2, 2014
Messages
20,006
Likes
36,738
Location
☦️ Boston Gun & Rifle and Braintree Rifle & Pistol

cams

NES Member
Rating - 100%
35   0   0
Joined
Sep 7, 2013
Messages
7,272
Likes
26,922
Location
Boston
Could this be turned around and bite us on the ass in regard to voting age? Dems have been pushing to lower it to 16, so can this decision be further used by them on that subject as tit for tat?
 

Mesatchornug

NES Member
Rating - 100%
8   0   0
Joined
Dec 11, 2011
Messages
4,920
Likes
7,648
Location
People's Republik
Could this be turned around and bite us on the ass in regard to voting age? Dems have been pushing to lower it to 16, so can this decision be further used by them on that subject as tit for tat?
What path do you see there?

Seems to me, that strategy would simply open to lowering purchase ages on firearms to match...
 

appraiser

NES Member
Rating - 100%
19   0   0
Joined
Mar 14, 2008
Messages
13,072
Likes
9,598
so, now, can anybody explain based on what premise they still cannot buy a beer until 21?
Follow the money

A State can have an 18 year old drinking age, you just have to give up a whole lot of Federal highway fund money to do it

The National Minimum Drinking Age Act of 1984 required all states to raise their minimum purchase and public possession of alcohol age to 21. States that did not comply faced a reduction in highway funds under the Federal Highway Aid Act.

Much like NH does not have a seat belt law for those 18 or over, but it costs them Federal dollars to do so, at least 5 Million a year
 

Garys

NES Member
Rating - 100%
86   0   0
Joined
Oct 19, 2005
Messages
19,189
Likes
4,033
Location
Stoughton
Stupidity. Thank Mothers Against Drunk Driving for that. When I was 18, in 1971 it was legal for 18 year olds everywhere to buy any sort of alcohol. Which lead to an unfortunate incident on my 19th birthday, but that's a different story.

so, now, can anybody explain based on what premise they still cannot buy a beer until 21?
 

Garys

NES Member
Rating - 100%
86   0   0
Joined
Oct 19, 2005
Messages
19,189
Likes
4,033
Location
Stoughton
Top Bottom