A federal appeals court has ruled that the longstanding federal ban preventing the sale of handguns to Americans between the ages of 18 and 20 is unconstitutional. This regulation has been in place since 1968. The conservative Fifth Circuit U.S. Court of Appeals decided that the ban violates the Second Amendment and is inconsistent with the nation’s historical tradition.
The court cited the Supreme Court’s 2022 opinion in New York State Rifle and Pistol Association v. Bruen, which expanded gun rights and could impact other gun safety laws nationwide. “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,” the court wrote in its opinion.
The court also noted that the federal government has not provided sufficient evidence that the firearm rights of 18-to-20-year-olds were restricted during the founding era in a manner similar to the current federal handgun purchase ban. The immediate impact of this ruling is unclear, and the case is likely to be reviewed by the Supreme Court.
Handguns are the most commonly used weapons in murders and mass shootings in the United States, according to data analyzed by The Violence Project. Last term, the Supreme Court upheld a federal law prohibiting firearm possession by individuals under domestic violence restraining orders. In the coming weeks, the court will consider whether gun manufacturers can be held liable for crimes committed with their weapons.
The Illinois State Rifle Association welcomed the ruling. “When you’re 18 years old, you can get married, you can join the army, you can fight for your country. There’s no reason why you can’t buy a firearm,” said Richard Pearson, the association’s executive director.
Gun control activists, however, are concerned about the potential impact. “This decision opens up an entire new pool of people that gun traffickers will exploit. You have 18-year-olds with no criminal record who will be asked and paid to make straw purchases,” said Ashbey Beasley, founder of Safe Storage Saves Life. Beasley also warned that easier access to handguns could increase school shootings and teen suicides.
Pearson emphasized the need for better mental health resources, noting that many young people involved in shootings have mental health issues. “Anytime we get a ruling like this, it’s really disappointing, but we are hoping it will be upheld,” Beasley said.
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