Federal Appeals Court Strikes Down Ban on Handgun Sales to Those Under 21

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A panel on the 4th U.S. Circuit Court of Appeals ruled Tuesday that a federal law banning the sale of handguns to those under the age of 21 is unconstitutional. The three-judge panel voted 2-1 on the law. "We first find that 18-year-olds possess Second Amendment rights," Judge Julius Richardson wrote in the majority opinion, adding that Congress used misleading data in 1968 to pass the law. "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." Judge James A. Wynn Jr., who dissented, said the ruling opposed efforts to control gun violence. The law does not prohibit the possession of handguns by people under 21; it only prevents licensed dealers from selling to those under 21. The 4th Circuit's ruling will only apply to the five states of the circuit, which are Virginia, West Virginia, Maryland, North Carolina and South Carolina. 

The story received wide coverage from outlets across the political spectrum. Outlets on the right tended to focus on the majority opinion's reasoning and the Second Amendment, while some outlets on the left framed the story in the context of gun violence in America, and tended to speculate that the decision is likely to be appealed to the full court. 

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ederal laws imposing a minimum age of 21 to purchase handguns from licensed dealers violate the Second Amendment, a federal appeals court ruled Tuesday.

Why it matters: The ruling could have implications for efforts to restrict gun sales nationally in the future, the Washington Post reports.

The big picture: A three-judge panel of the 4th US Circuit Court of Appeals ruled the restrictions unconstitutional, with the opinion stating that 18-year-olds possess a Second Amendment right to gun ownership.

A three-judge panel for the U.S. Court of Appeals for the Fourth Circuit ruled Tuesday that the federal ban against 18-20-year-olds buying handguns is unconstitutional.

The Majority Opinion by Judge Julius Richardson–joined by Bush 43-appointee Judge Stephen Agree–looked at militia laws in American history and the Founding Fathers’ views that an armed populace made an armed militia possible, allowing the latter to repel a tyrannical government, should the need arise: 

Laws preventing firearms dealers from selling handguns to young adults under age 21 are unconstitutional, a federal appeals court said Tuesday in a ruling that could have implications for efforts to restrict such sales nationally.

In a divided decision, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit said the existing minimum age requirement for purchases from federally licensed gun dealers restricts the rights of law-abiding citizens and draws an arbitrary, unjustified line.