A federal judge in the state of Virginia has declared unconstitutional a group of federal laws and regulations that prohibit the sale of guns to young people between the ages of 18 and 20. In his opinion, they violate the Second Amendment to the Constitution, that authorizes the carrying of firearms.
“Because the statutes and regulations at issue are not consistent with our nation’s history and tradition, they cannot be upheld,” US District Judge Robert E. Payne concluded in a 71-page opinion.
Gun control advocates say the decision, if upheld, would significantly increase access to guns in a population that research shows is more impulsive and responsible for a disproportionate number of fatal shootings.
But lawyers for both sides said they expected the Justice Department to appeal and request a stay. This would prevent Payne’s ruling from taking effect while the higher courts weigh the case.
Elliott M. Harding, the attorney who argued to strike down the laws and regulations, told The Washington Post that, at this time, persons under the age of 21 cannot purchase firearms from authorized dealers because a final order has not been issued. The judge set May 18 as the deadline for the lawyers to present recommendations “for future proceedings in this matter.
Although 18- to 20-year-olds previously could buy firearms at private sales or get a parent to buy them a gun, the decision issued Wednesday would dismantle a legal framework that for decades has prevented licensed dealers from selling firearms.” adolescents,” said William T. Clark, an attorney for the Giffords Law Center to Prevent Gun Violencewhich presented a text amicus curiae asking to respect the laws in question.
“This is an important decision, we disagree with the outcome,” Clark said, adding that “there is compelling scientific evidence showing that adolescents are more impulsive and face uniquely elevated dangers from firearms.”
The lawyers noted that 18-year-olds were already allowed to buy some firearms such as shotguns and rifles, but not the handguns sold by the country’s nearly 53,000 licensed dealers, the Bureau of Alcohol, Tobacco, Firearms said. and Explosives (ATFfor its acronym in English).
Payne, who was nominated for the position by President George HW Bush, cited the decision of the Supreme Court at New York State Rifle and Pistol Association v. Bruen, a ruling last year by the conservative majority that expanded the right to bear arms.
The plaintiff in the Virginia case, John Corey Fraser, was 20 when he tried to buy a Glock 19 pistol from a federally licensed dealer and was turned down, according to the lawsuit he filed last year.
He challenged the constitutionality of the Gun Control Act of 1968 and federal ATF regulations limiting the sale of firearms to adults 21 and older.
“We are pleased that the court found in favor of Mr. Fraser and the other named plaintiffs in such a well-written and comprehensive decision,” Harding, Fraser’s attorney, said in an email. “While ensuring that prospective buyers can now purchase these firearms in the federal system, which includes background checks and other requirements, we expect the defendants to appeal. However, we remain optimistic that the decision will be affirmed in due course.”
An ATF spokesman told the newspaper that the agency “cannot comment on litigation.” Justice Department officials also declined to comment.
In some recent cases in which three or more people were shot, the gunmen were under the age of 21, the lawyers said. An 18-year-old armed with a gun in Philadelphia was charged last year in a shooting that left three dead and 11 wounded.
In another case, a 19-year-old went live while driving through Memphis shooting at random targets, killing four people and injuring three others. He was also armed with a handgun, police said.
