Handguns Legalized for Under-21’s-Federal Judge Strikes Down 1968 Law

A federal judge’s recent ruling in Virginia is a massive win for the second amendment and gun rights, declaring that the mixing of laws increasing the purchasing age – namely on handguns – is ” inconsistent” with American tradition and history.

The federal judge, Robert Payne, argues that young adults are entitled to the second amendment protections and are, by extension, granted the right to purchase and possess handguns. By extension, Payne articulates that any law infringing this right is unconstitutional and void.

“The Government simply has not met its burden to support the finding that restrictions on the purchasing of firearms by 18-to-20-year old’s is part of our Nation’s history and tradition. Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand.”

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The Gun Control Act of 1968, the federal law making handgun purchase illegal for those under 21, was directly targeted by Payne. The judge said that “any evidence of age-based restrictions on the purchase or sale of firearms from the colonial era, Founding or Early Republic” in his ruling, with much of the wording based on a 2022 supreme court ruling that instructed judges to no longer consider popularity or public safety when making gun control laws, instead what is constitutional and justified by historical precedent.

The ruling comes after 20-year-old John Fraser and several other plaintiffs sued the federal government in response to their requests to purchase a handgun being turned down – something the complainants said was unconstitutional and something the judge agreed with.

Before the ruling, an adult under 21 could only acquire a handgun through private means – such as an inheritance, private sale, or unofficial purchase.

Given the expansion of the second amendment under the current conservative leaning supreme court, the increased federal legalization of handguns may just be the beginning of flourishing gun rights in America.

Americans have had a tumultuous relationship with firearms lately, with 2A supporters saying that the regulations are too much and 2A detractors saying that the regulations are too little. As a result, reactions to the news have been highly partisan.

Twitter user Riley Samson said that expanding second amendment rights was unconstitutional; Samson does not further elaborate.

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Those that had a more neutral stance in the debate seemed to question the inconsistency surrounding federal government age requirements – ranging from 18 to vote to some musings of raising the firearm purchase minimum age to 25.

“It is weird how you have to be 21 to buy a beer, but can vote, enlist in the military and go to war, and buy guns at 18.” ~@KHRIZ_LATORRE

Second Amendment enthusiasts, of course, celebrated the expansion of gun rights.

The safety measures surrounding the purchase of firearms, ranging from background checks to waiting periods, are still in place despite the ruling, helping to quell some of the safety concerns resulting from increased handgun access.


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