Judge Rules Law Unconstitutional

(VitalNews.org) – Last week, a federal judge struck down as unconstitutional the federal laws prohibiting buyers under the age of 21 from purchasing handguns, ruling that the laws violate the Second Amendment, Reuters reported.

In his decision, US District Court Judge Robert Payne for the Eastern District of Virginia wrote that the statutes are inconsistent with the history and tradition of the country and “therefore, cannot stand.”

In his 71-page decision, the judge argued that since adults under the age of 21 are allowed to join the military, vote, and serve on a federal jury, there is no justifiable reason for federal law to restrict them from purchasing a handgun. He said if the Court excludes adults 18 to 20 from the constitutional protections of the Second Amendment, it could impose the same restrictions on other constitutional rights.

The class action lawsuit was brought by plaintiffs between 18 and 20 years old who argued that the 1968 Gun Control Act along with subsequent regulations from ATF were unconstitutional since they excluded adults under the age of 21 from “exercising the right to keep and bear arms.”

The lead plaintiff in the action, 20-year-old John Corey Fraser, had attempted to buy a Glock 19x pistol from a licensed dealer but was refused, according to the lawsuit.

Elliott Harding, who represented the four initial plaintiffs challenging the laws, told reporters that he was pleased with the Judge’s ruling.

The ruling, which the Biden Department of Justice is expected to appeal, will not go into effect until Judge Payne issues his final order in the coming weeks. The ruling does not apply to the state laws in 19 states that prohibit the sale of handguns to those under 21.

While Harding conceded that the Justice Department is likely to appeal the decision, he remains optimistic that the ruling will be upheld “in due course.”

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