Fourth Circuit Court of Appeals Rules For 2nd Amendment

Yet another win for Second Amendment advocates with a ruling that people under 21 but older than 18 can buy hand guns. The Fourth Circuit Court of Appeals on Tuesday July 13, 2021 ruled that banning anyone over 18 but under 21 from purchasing handguns violates the Second Amendment.

Tanner Hirschfeld and Natalia Marshall, both Charlottesville residents under the age of 21 found they were banned by a 1968 federal law to purchase a handgun. While the Virginia Federal Court dismissed their claim, in a vote of 2-1, the Richmond-based appeals court criticized the data used to craft the law, including claims that those under the age of 21 “are not fully developed so those individuals are prone to reckless and emotional behavior.”

Judge Julius Richardson authored the opinion asking, “when do constitutional rights vest?”  the Second Amendment “embodies a fundamental, pre-existing right that enables ‘the people’ to preserve their own life, liberty, and property.”

“In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age. Our nation’s most cherished constitutional rights vest no later than 18. And the Second Amendment’s right to keep and bear arms is no different.”

You can find the Amended published opinion: here