5th Circuit Rules Handgun Ban on Adults Under 21 Unconstitutional

The ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals marked the first time a federal appeals court has held that the prohibition violated the right to keep and bear arms enshrined in the U.S. Constitution’s Second Amendment.

The appeals court had previously upheld that same ban in 2012. But that was before the 6-3 conservative majority U.S. Supreme Court handed down a landmark ruling in 2022 that established a new test for assessing modern firearms laws.

In New York State Rifle & Pistol Association v. Bruen, the Supreme Court held that modern gun restrictions were required to be “consistent with this nation’s historical tradition of firearm regulation.”

The federal ban on sales to people under 21 was first adopted by Congress in 1968 as part of the Omnibus Crime Control and Safe Streets Act.

U.S. Circuit Judge Edith Jones, writing for the three-judge panel, said:

“Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among ‘the people’ whose right to keep and bear arms is protected.”

However, the Supreme Court has not addressed directly how to apply the Second Amendment’s protections to young adults in light of its recent precedents.

Read more at Straight Arrow News.

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