A federal court ruled on Tuesday that the United States's ban on handguns for adults under the age of 21 is unconstitutional.
The 4th Circuit Court of Appeals, in a 2-1 vote, determined that the Second Amendment extends to 18- to 20-year-olds after a federal law barred them from purchasing pistols from licensed firearm dealers.
“Our nation’s most cherished constitutional rights vest no later than 18,” Judge Julius Richardson wrote in the decision.
The court applauded Congress's efforts to curb violence, though it insisted the move was a violation of adult gun rights.
“We appreciate the seriousness of gun violence in this country and applaud Congress’s laudable desire to curb senseless violence,” the ruling said. “But we also recognize that the Second Amendment embodies a fundamental, pre-existing right that enables ‘the people’ to preserve their own life, liberty, and property.”
“History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” the court added. “Those over 18 were universally required to be part of the militia near the ratification, proving that they were considered part of ‘the people’ who enjoyed Second Amendment rights, and most other constitutional rights apply to this age group. And Congress may not restrict the rights of an entire group of law-abiding adults because a minuscule portion of that group commits a disproportionate amount of gun violence.”
Natalia Marshall and Tanner Hirschfeld, two young adults hailing from Virginia, were listed as plaintiffs in the case that was brought about in November 2020. Marshall, who wanted a handgun for protection following a series of confrontations from an abusive ex-lover, was unable to acquire one.
https://www.washingtonexaminer.com/news/federal-court-handgun-ban-under-21-unconstitutional