7 votes

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)

2 comments

  1. [2]
    nukeman
    (edited )
    Link
    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.

    6 votes
    1. AugustusFerdinand
      Link Parent
      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.

      6 votes