Hirschfeld v. ATF (4th Circuit):strikes down ban of handgun

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Bruenor
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Hirschfeld v. ATF (4th Circuit):strikes down ban of handgun

Post by Bruenor »

Hirschfeld v. ATF (4th Circuit): Fourth Circuit strikes down federal law banning handgun sales to young adults, says it will "refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status."

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Plaintiffs seek an injunction and a declaratory judgment that several federal laws
and regulations that prevent federally licensed gun dealers from selling handguns to any
18-, 19-, or 20-year-old violate the Second Amendment. We first find that 18-year-olds
possess Second Amendment rights. They enjoy almost every other constitutional right,
and they were required at the time of the Founding to serve in the militia and furnish their
own weapons. We then ask, as our precedent requires, whether the government has met
its burden to justify its infringement of those rights under the appropriate level of scrutiny.
To justify this restriction, Congress used disproportionate crime rates to craft overinclusive
laws that restrict the rights of overwhelmingly law-abiding citizens. And in doing
so, Congress focused on purchases from licensed dealers without establishing those dealers
as the source of the guns 18- to 20-year-olds use to commit crimes. So we hold that the
challenged federal laws and regulations are unconstitutional under the Second
Amendment. Despite the weighty interest in reducing crime and violence, we refuse to
relegate either the Second Amendment or 18- to 20-year-olds to a second-class status.
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Re: Hirschfeld v. ATF (4th Circuit):strikes down ban of hand

Post by pirateguy191 »

Excellent.
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Re: Hirschfeld v. ATF (4th Circuit):strikes down ban of hand

Post by Bruenor »

want to take bets on how long until the appeal is filed ?
Μολὼν λαβέ

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

- Thomas Paine

"Malo periculosam, libertatem quam quietam servitutem."

- Thomas Jefferson
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4th Circus says RKBA begins at 18 not 21

Post by bignflnut »

Our nation’s most cherished constitutional rights vest no later than 18.” That’s a fact and a finding that’s awfully inconvenient for the moral superiors who make up the Civilian Disarmament Industrial Complex. They’re highly invested in the prospect that people who are old enough to vote and serve in the military can’t possibly be trusted with the awesome responsibility that is handgun ownership.

Sadly for them, a three-judge panel of the Fourth Circuit Court of Appeals issued a ruling today finding that denying full Second Amendment rights to Americans aged 18 to 20 years old is patently unconstitutional.

As Judge Julius Richardson wrote for the three-judge panel . . .

When do constitutional rights vest? At 18 or 21? 16 or 25? Why not 13 or 33? In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different.

Plaintiffs seek an injunction and a declaratory judgment that several federal laws and regulations that prevent federally licensed gun dealers from selling handguns to any 18-, 19-, or 20-year-old violate the Second Amendment. We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons. We then ask, as our precedent requires, whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny. To justify this restriction, Congress used disproportionate crime rates to craft overinclusive laws that restrict the rights of overwhelmingly law-abiding citizens. And in doing so, Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes. So we hold that the challenged federal laws and regulations are unconstitutional under the Second Amendment. Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status. (emphasis added).
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Re: 4th Circus says RKBA begins at 18 not 21

Post by JimE »

Hopefully, there is light at the end of the tunnel.
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Re: 4th Circus says RKBA begins at 18 not 21

Post by WY_Not »

Nah. They will never cease in their efforts to ban individual possession of firearms. There is no compromising with someone who would see you dead.
JimE wrote:Hopefully, there is light at the end of the tunnel.
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Re: Hirschfeld v. ATF (4th Circuit):strikes down ban of hand

Post by evan price »

Duplicate topics merged for clarity
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