Court rules 18-20 year olds can buy handguns

[The_Omega]

Common sense prevails 

federal Court Rules Under-21 Handgun Bans Are Unconstitutional

 

JULY 13, 2021 By Jordan Davidson

The Fourth Circuit Court of Appeals ruled Tuesday that banning anyone over 18 but under 21 from purchasing handguns violates the Second Amendment.

The two-to-one vote which nullified federal laws that unconstitutionally prohibit people under 21 from purchasing a handgun, comes after the plaintiff, 19-year-old Natalia Marshall was denied a gun from a licensed dealer despite her fears that her abusive ex-boyfriend who "had been arrested for unlawful possession of a firearm and controlled substances” was released on bail and did not show up in court.

"History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” the court stated in the ruling. "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.”

In the decision, the judges made it clear that while they "appreciate the seriousness of gun violence in this country and applaud Congress’s laudable desire to curb senseless violence,” the Second Amendment "embodies a fundamental, pre-existing right that enables ‘the people’ to preserve their own life, liberty, and property.”

Judge Julius Richardson authored the opinion asking, "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,” Richardson wrote.

While Judge Steven Agee concurred with this take, Judge James Wynn dissented and claimed that the court’s rationale was unlawful.

"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. Nor is it consistent with the proper role of the federal judiciary in our democratic system,” Wynn wrote.

He also argued that the Second Amendment is not immune to restriction when it comes to keeping people safe.

"The Second Amendment is exceptional not because it is uniquely oppressed or imperiled, but rather because it is singularly capable of causing harm,” he continued. "As other courts have recognized, while there are dangers inherent in other constitutionally protected rights—like the rights to speak and assemble—the Second Amendment alone protects a direct and lethal right to endanger oneself and others.”

The National Rifle Association previously filed an appeal in Atlanta’s 11th U.S. Circuit Court of Appeals after a judge upheld a Florida law banning individuals under the age of 21 from being able to buy guns.

 

[TEW]

Ya love to see it!

[Boogyman]

But still can't buy a beer lol

[Toastrel]

This country is so stupid.  Join the military, but can't legally buy a gun or a beer.

 

That makes sense.

[RPeeteRules]

32 minutes ago, Boogyman said:

But still can't buy a beer lol

Though that is technically a state law.  Just so happens that all states have it.

[jsdarkstar]

Yeah, great news, now watch the spike in gun violence as a result.

[Boogyman]

6 minutes ago, RPeeteRules said:

Though that is technically a state law.  Just so happens that all states have it.

Still dumb. 

[EaglesRocker97]

15 minutes ago, RPeeteRules said:

Though that is technically a state law.  Just so happens that all states have it.

The states created those laws because Congress threatened to withhold highway funding if they didn't.

[The_Omega]

30 minutes ago, jsdarkstar said:

Yeah, great news, now watch the spike in gun violence as a result.

We’re watching the spike in gun violence thanks to your party demonizing and defunding this police. Thankfully, the court recognized the right of 18-20 year olds to defend themselves from the consequences of your party’s policies.

[EaglesRocker97]

13 minutes ago, The_Omega said:

We’re watching the spike in gun violence thanks to your party demonizing and defunding this police.

 

All feelings, no facts.

[The_Omega]

2 minutes ago, EaglesRocker97 said:

 

All feelings, no facts.

 Yeah, it’s not like the administration is suddenly putting on a political show of supporting police because your party has spent the past year slandering them and cutting their budgets.

[EaglesRocker97]

2 minutes ago, The_Omega said:

 Yeah, it’s not like the administration is suddenly putting on a political show of supporting police because your party has spent the past year slandering them and cutting their budgets.

You see, kids, when someone has zero facts to stand on, they deflect your attention to something else.

[The_Omega]

6 minutes ago, EaglesRocker97 said:

You see, kids, when someone has zero facts to stand on, they deflect your attention to something else.

Says the guy ignoring obvious reality and spouting rhetoric with zero fact. You were probably one of the liars claiming Republicans were the ones defunding police.  

[EaglesRocker97]

1 hour ago, The_Omega said:

Says the guy ignoring obvious reality and spouting rhetoric with zero fact. You were probably one of the liars claiming Republicans were the ones defunding police.  

Hm, an ad-hominem and a strawman all wrapped into one. Impressive logic.

[The_Omega]

1 minute ago, EaglesRocker97 said:

Hm, an ad-hominem and a strawman all wrapped into one. Impressive logic.

Hm, an ad-hominem and a strawman all wrapped into one. Impressive logic.

[EaglesRocker97]

4 minutes ago, The_Omega said:

Hm, an ad-hominem and a strawman all wrapped into one. Impressive logic.

 

[VanHammersly]

1 hour ago, RPeeteRules said:

Though that is technically a state law.  Just so happens that all states have it.

Not by choice though. The National Minimum Drinking Age Act in 1984 required states to set drinking age at 21 or lose federal highway funding.  Louisiana, not surprisingly, was the last to make the switch in 87. 

[The_Omega]

5 minutes ago, EaglesRocker97 said:

 

You’re obviously triggered by this ruling and are acting like the immature kid that you are as a result. Get a grip and quit hijacking the thread.

[EaglesRocker97]

14 minutes ago, The_Omega said:

You’re obviously triggered by this ruling and are acting like the immature kid that you are as a result. Get a grip and quit hijacking the thread.

Keep flailing, Puke. It entertains me.

[EaglesRocker97]

Puker just pulled an "I know what you are, but what am I?" and then calls me immature.

[we_gotta_believe]

41 minutes ago, The_Omega said:

Says the guy ignoring obvious reality and spouting rhetoric with zero fact. You were probably one of the liars claiming Republicans were the ones defunding police.  

This is rich coming from someone who thinks the election was stolen.

[EaglesRocker97]

The funny thing is that we could be having a real discussion here if CVON's Trumpbot champ didn't derail his own thread with ridiculously unfounded claims about an increase in gun violence being the Democratic Party's fault. He's his own worst enemy.

[TEW]

1 hour ago, VanHammersly said:

Not by choice though. The National Minimum Drinking Age Act in 1984 required states to set drinking age at 21 or lose federal highway funding.  Louisiana, not surprisingly, was the last to make the switch in 87. 

Fun fact (at least when I was there) is that it's not actually illegal to drink alcohol under 21 in LA. It's illegal to purchase and possess in public, but completely legal to drink on private property. That included freshman dorm rooms and frat houses.

[xzmattzx]

11 minutes ago, TEW said:

Fun fact (at least when I was there) is that it's not actually illegal to drink alcohol under 21 in LA. It's illegal to purchase and possess in public, but completely legal to drink on private property. That included freshman dorm rooms and frat houses.

You can also legally drink and drive in Louisiana, as long as you are under the legal limit.

 

Delaware is one of the very few states that allows passengers to drink while someone else drives.

[Phillyterp85]

31 minutes ago, TEW said:

Fun fact (at least when I was there) is that it's not actually illegal to drink alcohol under 21 in LA. It's illegal to purchase and possess in public, but completely legal to drink on private property. That included freshman dorm rooms and frat houses.

Officer: "are you possessing that alcohol son?"

Me: *quickly opens bottle and starts chugging* "No sir, just drinking it, sir"

Officer: "ok good day then"