Hirschfield v. BATFE: Fourth Circuit holds that federal laws prohibiting handgun sales to persons between the ages of 18-21 unconstitutional under the Second Amendment (PDF opinion)
Almost certain to be reheard en banc, but nevertheless huge news in the firearms world. The Fourth Circuit Court of Appeals has ruled 2-1 that 18-20 year-olds have a right to buy handguns, and...
Almost certain to be reheard en banc, but nevertheless huge news in the firearms world. The Fourth Circuit Court of Appeals has ruled 2-1 that 18-20 year-olds have a right to buy handguns, and that portions of federal law prohibiting those sales are unconstitutional. One interesting point is the plaintiff - she wanted to protect herself from an abusive ex, and was unable to legally purchase a handgun from a dealer.
Nineteen-year-old Natalia Marshall had good reason to seek protection. She had been forced to obtain a protective order against her abusive ex-boyfriend who, since the issuance of the order, had been arrested for unlawful possession of a firearm and controlled substances. He was released on bail but never came to court, leading to the issuance of a capias for his arrest
In my opinion, a sympathetic plaintiff such as her makes this a likely vehicle for a Supreme Court case, especially since more cases are in the pipeline in other courts; increasing the probability of a circuit split. Many are sponsored by newer, non-NRA orgs, like Firearms Policy Coalition.
It's a fair judgement that I think the Supreme Court will uphold. There's a lot of very valid arguments over what is and isn't allowed based on being 18 or 21, but the firearm one was a too...
It's a fair judgement that I think the Supreme Court will uphold. There's a lot of very valid arguments over what is and isn't allowed based on being 18 or 21, but the firearm one was a too arbitrary. At 18 you can buy, from a dealer, a rifle or a shotgun, but not a pistol or any NFA item (silencer, SBR, SBS) as those require you to be 21. You could buy a handgun from a private party at age 18. If everything was set at 21 this likely wouldn't be a case. However it would still bring up the arguments about how an 18 year old couldn't buy a gun, tobacco, or alcohol and yet they could enter the military where they'll be issued a gun and sent off to die.
In my opinion, a sympathetic plaintiff such as her makes this a likely vehicle for a Supreme Court case, especially since more cases are in the pipeline in other courts; increasing the probability of a circuit split.
No opinion necessary, it's well known that cases are picked up by various groups to be aimed at the Supreme Court when there's a sympathetic plaintiff involved. I'm sure this near-exact scenario has happened on multiple occasions, but the plaintiff wasn't seen as perfect for the cause. One of the most famous cases of sympathetic plaintiff shopping was Rosa Parks.
Almost certain to be reheard en banc, but nevertheless huge news in the firearms world. The Fourth Circuit Court of Appeals has ruled 2-1 that 18-20 year-olds have a right to buy handguns, and that portions of federal law prohibiting those sales are unconstitutional. One interesting point is the plaintiff - she wanted to protect herself from an abusive ex, and was unable to legally purchase a handgun from a dealer.
In my opinion, a sympathetic plaintiff such as her makes this a likely vehicle for a Supreme Court case, especially since more cases are in the pipeline in other courts; increasing the probability of a circuit split. Many are sponsored by newer, non-NRA orgs, like Firearms Policy Coalition.
It's a fair judgement that I think the Supreme Court will uphold. There's a lot of very valid arguments over what is and isn't allowed based on being 18 or 21, but the firearm one was a too arbitrary. At 18 you can buy, from a dealer, a rifle or a shotgun, but not a pistol or any NFA item (silencer, SBR, SBS) as those require you to be 21. You could buy a handgun from a private party at age 18. If everything was set at 21 this likely wouldn't be a case. However it would still bring up the arguments about how an 18 year old couldn't buy a gun, tobacco, or alcohol and yet they could enter the military where they'll be issued a gun and sent off to die.
No opinion necessary, it's well known that cases are picked up by various groups to be aimed at the Supreme Court when there's a sympathetic plaintiff involved. I'm sure this near-exact scenario has happened on multiple occasions, but the plaintiff wasn't seen as perfect for the cause. One of the most famous cases of sympathetic plaintiff shopping was Rosa Parks.