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Federal court rules against ban on handgun purchases for adults under 21 #8319953 07/13/21 07:59 PM
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A federal court ruled on Tuesday that the United States's ban on handguns for adults under the age of 21 is unconstitutional.

The 4th Circuit Court of Appeals, in a 2-1 vote, determined that the Second Amendment extends to 18- to 20-year-olds after a federal law barred them from purchasing pistols from licensed firearm dealers.

“Our nation’s most cherished constitutional rights vest no later than 18,” Judge Julius Richardson wrote in the decision.

The court applauded Congress's efforts to curb violence, though it insisted the move was a violation of adult gun rights.

“We appreciate the seriousness of gun violence in this country and applaud Congress’s laudable desire to curb senseless violence,” the ruling said. “But we also recognize that the Second Amendment embodies a fundamental, pre-existing right that enables ‘the people’ to preserve their own life, liberty, and property.”

“History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” the court added. “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.”

Natalia Marshall and Tanner Hirschfeld, two young adults hailing from Virginia, were listed as plaintiffs in the case that was brought about in November 2020. Marshall, who wanted a handgun for protection following a series of confrontations from an abusive ex-lover, was unable to acquire one.

https://www.yahoo.com/news/federal-court-rules-against-ban-184300487.html

Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: rolyat.nosaj] #8319964 07/13/21 08:08 PM
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Interesting


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: rolyat.nosaj] #8319969 07/13/21 08:11 PM
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syncerus Offline
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The same logic should apply to buying a beer, but nothing involving lawyers is ever simple.


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: rolyat.nosaj] #8320383 07/14/21 01:34 AM
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How on earth can they send 18 year olds off to war but then tell they can’t legally buy a handgun?

Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: rolyat.nosaj] #8320502 07/14/21 04:21 AM
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I bet tomorrow in the jurisdiction of the 4th Circuit, if a 18 year old attempts to buy a handgun from a dealer, the NICS response will be a denial.


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: syncerus] #8323909 07/17/21 08:13 PM
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Originally Posted by syncerus
The same logic should apply to buying a beer, but nothing involving lawyers is ever simple.


Negative it's not a constitutional right


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: rolyat.nosaj] #8323920 07/17/21 08:40 PM
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Clearly, you are correct that it's not a constitutional right. My point is simply that the age of majority in this country can be anything from 14 years of age to something like 26 years of age, depending on the circumstances and jurisdiction. It's an opaque, unintelligible process, and bears no serious intellectual scrutiny. If you are allowed to vote, you should be allowed to buy a beer. The vote is far more dangerous than the beer.


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: Sewer rat] #8323978 07/17/21 09:57 PM
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Originally Posted by Sewer rat
How on earth can they send 18 year olds off to war but then tell they can’t legally buy a handgun?


^^Thought that for years.

The Army will give them a tank and belt fed machine guns. Out in the world, they can't get have handgun.

Just silly.


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: syncerus] #8324282 07/18/21 01:46 PM
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Originally Posted by syncerus
Clearly, you are correct that it's not a constitutional right. My point is simply that the age of majority in this country can be anything from 14 years of age to something like 26 years of age, depending on the circumstances and jurisdiction. It's an opaque, unintelligible process, and bears no serious intellectual scrutiny. If you are allowed to vote, you should be allowed to buy a beer. The vote is far more dangerous than the beer.


That was rather poetic!! I don’t disagree, and I give this a 5 star reply! Very well put.


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Re: Federal court rules against ban on handgun purchases for adults under 21 [Re: BOBO the Clown] #8325079 07/19/21 03:36 PM
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I sort of disagree. My view is EVERYTHING is a constitutional right if it existed in practice before the Constitution was ratified. That would be under the 9th and 10th Amendments. No where in the Constitution was the evil practice of slavery recognized however every single Supreme Court upheld it as Constitutional because it was a pre-existing practice at the time the Constitution was ratified. To be clear, we are focusing on what the Federal Government could or could not do. That's why there had to be a Constitutional Amendment to abolish slavery, until then it was left to the States. At the State Level, slavery could be regulated, such as New York abolishing it in 1828. So, buying beer. Not a Federal Government area of authority, in my humble opinion (IMHO). State issue. Hope I changed your mind.

And..not to change the issue but the Constitution can be amended with the States acting, you don't have to wait for the Federal Government to act, and there are a whole lot of red states out there. These red states could fix a lot of problems and there would not be one thing the federal government could do about it. Perhaps the salvation of the US.

Last edited by Dave Scott; 07/19/21 03:42 PM.
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