A Federal Judge for the United States District Court for the Northern District of West Virginia struck down the ban on handgun sales to 18-20-year-olds on Friday. Trump appointee Judge Thomas S. Kleeh was the adjudicating official in the case of Brown v ATF, No. 1:22-cv-00080. The ruling stated that the 18-20-year-olds were law abiding adults with no criminal records that would impair them from the purchase of a firearm, and thereby were part of the people that the Second Amendment protects. (Breitbart)
“18-to-20-year-old law abiding citizens are part of “the people” whom the Second Amendment protects.”
This case requires the Court to assess the protected right of the people under the Second Amendment to the Constitution to keep and bear arms. U.S. Const. amend. II. Plaintiffs Robert Brown (“Brown”) and Benjamin Weekley (“Weekley”), individuals, are “law abiding, responsible adult citizens who wish to purchase handguns.”…Brown and Weekley are citizens of West Virginia and the United States of America and are between the ages of eighteen and twenty-one. Brown and Weekley, as law-abiding, responsible adult citizens, would purchase handguns and handgun ammunition from Federal Firearms Licensees (“FFLs”) but for the right proscribed by 18 U.S.C. §§ 922(b)(1) and (c)(1)…
“To justify its regulation, the government may not simply posit that the regulation promotes an important interest.” To demonstrate the regulation of that conduct is within the bounds of the Second Amendment, “the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of
firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”…In Bruen, the Supreme Court emphasized that the petitioners were “two ordinary, law-abiding, adult citizens,” making them “part of ‘the people’ whom the Second Amendment protects.” …Because adults between eighteen and twenty years old are statutorily precluded by 18 U.S.C. §§ 922(b)(1) and (c)(1) from buying handguns and handgun ammunition from a licensed dealer, Plaintiffs challenge the statutes as facially unconstitutional and
as applied to them. Plaintiffs also request an injunction barring enforcement of the statute for the same reason. Brown v ATF
The ban on handgun sales to 18-20-year-old citizens will likely be appealed by the Biden administration. But for now, the judge issued an injunction against enforcement of the ban because it is “facially unconstitutional.”
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Related:
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- Report: FBI Secretly Pressured Americans To Give Away Second Amendment Gun Rights
- House Committee Approves ‘Assault’ Weapons Ban, Setting Up Dangerous Second Amendment Showdown
- What Marxist Democrats Are Hiding From Us About the Second Amendment
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