https://justthenews.com/govern..._campaign=newsletter

Afederal appeals court on Thursday struck down a handgun ban on adults under the age of 21, ruling that the current age-based restriction violated the right to keep and bear arms enshrined in the U.S. Constitution's Second Amendment.

The ruling is the latest since the Supreme Court established a new test for assessing modern firearms laws in 2022. The conservative-led Supreme Court determined in New York State Rifle & Pistol Association v. Bruen, that current gun restrictions were required to be "consistent with this nation's historical tradition of firearm regulation."

The New Orleans based Fifth Circuit Court of Appeals ruled that 18- 20-year-olds are among those whose "right to keep and bear arms is protected."

“The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence ‘cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence,'" the judges wrote in their decision, per CNN.

The ruling is in response to a federal ban on handgun sales to people under 21, which was first adopted by Congress in 1968 as part of the Omnibus Crime Control and Safe Streets Act, Reuters reported.

The law was challenged by a group of 18- to-20-year-olds and the Firearms Policy Coalition and the Second Amendment Foundation. The appeals court overturned a lower court judge's ruling that upheld the federal statutes.

Nice win

Nice win? It's fantastic win. The shitty law has been in effect for almost 60 years. Sending 18 y/o men to war to kill win guns, but they are not allowed to own handguns? Fuck that.

quote:

Originally posted by 12131:
Nice win? It's fantastic win. The shitty law has been in effect for almost 60 years. Sending 18 y/o men to war to kill win guns, but they are not allowed to own handguns? Fuck that.

Agreed. Huge win!

I’ll play the gungrabber’s game and say it’s a great first step.

Good. Now since many under 21 are in college, and college dorms are 'castle' to them, ban of guns on campus should be unconstitutional as well.

quote:

Originally posted by konata88:
Good. Now since many under 21 are in college, and college dorms are 'castle' to them, ban of guns on campus should be unconstitutional as well.

TX had legalized campus carry when I was a student, but I don't think it extended to the dorms.
I lived off campus [and didn't own a CCW at the time] so I wasn't too invested in it at the time.

quote:

Originally posted by 12131:
Nice win? It's fantastic win. The shitty law has been in effect for almost 60 years. Sending 18 y/o men to war to kill win guns, but they are not allowed to own handguns? Fuck that.

I will agree that this is a huge win but this is a topic that people tend to conflate for some reason. And when arguing for or against something having the proper understanding/wording of it is imperative especially when it comes to legal arguments.

There is no Federal law prohibiting people between the ages of 18 and 20 from owning/possessing handguns. The law prohibits people between 18 and 20 from purchasing handguns through an FFL. That has nothing to do with possession.

Now, there are state laws that subsequently make it impossible for an 18-20 years old from legally obtaining a handgun because they don’t allow private transfers and all transfers must go through an FFL
So technically by default AT THE STATE LEVEL the possession would be illegal.

Here in Kentucky there is no issue at all with 18-20 year olds owning/possessing handguns. Because they can purchase from an individual through a private sale or be gifted a firearm with no need for it to go through an FFL. However in KY if one is between 18-20 years old they have to open carry their firearm. While we have “constitutional carry” the statute states one has to be eligible to apply for a concealed carry permit and here to apply for a concealed carry permit one must be 21.
That is another law that needs to be readdressed.

https://www.atf.gov/firearms/q...nlicensed-individual

Sure, but the no purchase issue opens up anyone who owned a handgun for a short while, and then decided to sell to an under21 to issues with straw purchase.

^^ No it doesn't/didn't...A 'Straw Purchase' has NOTHING to do with time of ownership after purchase! That said, Many states allow 18 YO's to get a CCW permit anyway, and 30 states have Constitutional Carry in place. An 18 YO has both options (CCW Permits and Constitutional Carry) in NH, and there are no restriction on transfers of handguns to 18 YO's either. This was just another misguided (AND useless!) Federal Gun Law that should never have seen the light of day, and has finally been deemed an Unconstitutional Infringement on the Rights of the People guaranteed by the Second Amendment!

quote:

Originally posted by FenderBender:
Sure, but the no purchase issue opens up anyone who owned a handgun for a short while, and then decided to sell to an under21 to issues with straw purchase.

No. That’s not how a straw purchase works.
I can buy a gun today go straight to the range and decide that I don’t like it. The guy next to me says hey that’s a cool pistol want to sell it?
I say yup and it’s gone. No problems.

I can buy a handgun and immediately turn and give/gift that handgun to someone and there are no problems.

The problem comes into play WHEN someone gives me money PRIOR to me purchasing the gun to purchase the gun FOR THEM because they are unable to purchase it themself (does not always equate to being legally able to own it).
It’s all about intent and reasoning for the purchase.
Fun fact a lot of people don’t know/realize. LEOs, first responders, prosecutors, judges, etc get a discount on many firearms. Ex. Glocks Blue Label program. If one of those people buys a gun through the Blue Line program with the INTENT to sell it to another person that can’t purchase under that program that too is a straw purchase even if the person is 100% able to own that firearm.