Federal Judge in Va strikes down part of GCA/1968, age for buying a handgun

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  • grayfox
    Chieftain
    • Jan 2017
    • 4312

    Federal Judge in Va strikes down part of GCA/1968, age for buying a handgun

    Another blow in striking down unconstitutional laws, like GCA/1968...
    I would add, like the Judge in the Southern Ill case said, govt needs to concentrate on enforcing and using laws on the books against crime and criminals, not in attacking the Constitution.

    Federal judge in Virginia strikes down laws banning gun sales to adults under 21 | Fox News


    A federal judge in Virginia has struck down a law prohibiting licensed federal firearms dealers from selling handguns to 18- to 20-year-olds, finding that it violates their Second Amendment rights and is unconstitutional.
    In a 71-page ruling issued Wednesday, U.S. District Court Judge Robert Payne said that since adults under 21 have the right to vote, join the military and serve on a federal jury, there is no reason why federal law should restrict them from buying a firearm.

    "If the Court were to exclude 18-to-20-year-olds from the Second Amendment's protection, it would impose limitations on the Second Amendment that do not exist with other constitutional guarantees," Payne wrote.

    Payne, who cited the 2022 Supreme Court ruling [Bruen] repeatedly in his ruling, wrote that the government failed to present "any evidence of age-based restrictions on the purchase or sale of firearms from the colonial era, Founding or Early Republic." The lack of similar regulations from those time periods indicates that the "Founders considered age-based regulations on the purchase of firearms to circumscribe the right to keep and bear arms confirmed by the Second Amendment," he wrote.

    This class action lawsuit was brought by John Corey Fraser, 20, and other plaintiffs who said the Gun Control Act of 1968 and subsequent regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were unconstitutional because they excluded all adults under 21 from "exercising the right to keep and bear arms." Fraser, 20, had attempted to purchase a Glock 19x handgun from a licensed dealer but was turned away, according to the lawsuit.
    "Down the floor, out the door, Go Brandon Go!!!!!"
  • fmyellowj
    Unwashed
    • Jan 2021
    • 18

    #2
    Now we just need a ruling that semi-automatic weapons are protected under the 2nd Amendment too and be done with all this "assault weapons" ban nonsense. I hate that the courts have dragged their feet on these issues but I'm glad they're finally ruled on. What took them so long?

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