PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-2250
TANNER HIRSCHFELD; NATALIA MARSHALL, Plaintiffs – Appellants,
v.
BUREAU OF ALCOHOL, FIREARMS, TOBACCO & EXPLOSIVES; MARVIN RICHARDSON, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; MERRICK B. GARLAND, Attorney General,
Defendants – Appellees. -------------------------------
BRADY; GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE; EVERYTOWN FOR GUN SAFETY SUPPORT FUND,
Amici Supporting Appellees.
Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Glen E. Conrad, Senior District Judge. (3:18−cv−00103−GEC)
Argued: October 30, 2020 Decided: July 13, 2021 Before AGEE, WYNN, and RICHARDSON, Circuit Judges.
Vacated, reversed, and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Agee joined. Judge Wynn wrote a dissenting opinion

The entire decision is 141 pages, the Relevant verbiage is below:

But while Congress—or judges—may have struck a different balance long after ratification, that role is foreclosed to us by the balance that the Founders chose. We cannot now second-guess or undermine their choice. History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections. 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. Congress’s failure to connect handgun purchases from licensed dealers to youth gun violence only serves to highlight the law’s “unduly tenuous ‘fit’” with the government’s substantial interests. Craig, 429 U.S. at 202.

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.
VACATED, REVERSED, AND REMANDED

18 y/o can join the military, pick up guns to defend the country, but not allowed to legally buy handguns for their legal uses? Yeah, that needs to be struck down.

That’s going to make the Marxists in my state quite sad.

quote:

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.

Hmmmmmmmmm.

Same with buying alcohol .... my problem with me now being an old geezer is I think we should look at it the other way...

Can't vote or have the right to buy a gun or drink and join the military until you are 25 years old!
(yeah, that'll float well especially with the industrial military complex and the politicians that are in its pocket)

quote:

Originally posted by 12131:
18 y/o can join the military, pick up guns to defend the country, but not allowed to legally buy handguns for their legal uses? Yeah, that needs to be struck down.

The same with buying liquor. If you're allowed in the military, you should be able to drink.

quote:

Originally posted by Blume9mm:
Same with buying alcohol .... my problem with me now being an old geezer is I think we should look at it the other way...

I was lucky enough to live in Free America when 18yr old's could legally drink.
And oh yeah I bought my first firearm at 18 too.

What does this mean in real terms?

quote:

Originally posted by RichardC:

quote:

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.

Hmmmmmmmmm.

Indeed. Wouldn't that same logic apply to those over 20 as well? I.e., ALL the rest of us over 18?

quote:

Originally posted by pedropcola:
What does this mean in real terms?

More judges. En banc in the 4th COA then on to the Supremes. Injunctions during to keep the status quo. The other side won't and can't accept a loss here.

This only applies to the 4th circuit, correct ? Not the entire US?

^^ At present (assuming the DOJ doesn't get a stay while they appeal). But I can't see Garland and Biden letting this lie.

This will be fun to watch. I kind of remember the 1960's when we could be drafted but couldn't buy a handgun or drink hard booze. Somehow we did anyway. Either you have rights or you don't. The idiot legislators shouldn't get to pick and choose which. Maybe it is time to shake things up a little and decide you have rights and obligations or you don't.g

I just had to look up which states are in the 4th district…Glad to see VA is in there. Our illustrious governor (Mr. Blackface) is probably going to have a cow…

Good. It and the Alcohol laws are unforgivable and inexcusable hypocrisies and utter travesties of law.

Hopefully this is the beginning of large and lasting change in these two regards.

It's been vile and unacceptable since day one.

^^^We're you ever 18? Drinking Alcohol is not an Enumerated Right defined in the US Constitution...

quote:

Originally posted by nhracecraft:
^^^We're you ever 18? Drinking Alcohol is not an Enumerated Right defined in the US Constitution...

You seem to be under the mistaken impression that it needs to be (enumerated)...

It does not.

Care to try again?

quote:

Originally posted by nhracecraft:
Drinking Alcohol is not an Enumerated Right defined in the US Constitution...

21st amendment. It's pretty clear.

18 YO's, by definition, do a lot of stupid things....A certain percentage are lucky enough to survive! Legal access to Alcohol need not be a contributing factor.

I was 18 and I remember it well. If you have children, you know damn well that it's best that the drinking age is 21 in this country!

Of course 'some' NEVER grow up/mature, and the evidence is EVERYWHERE!

That said, maybe we should drift the thread back towards the original discussion regarding the purchase of handguns by 18-20 YO's....Which IS a right enumerated by the US Constitution!

I'm torn on this. Teens and young adults commit the most crimes, but how can they have every right in the constitution but one. In the end I'd err on the side of rights over fear, especially considering criminals aren't doing NICS checks.