Another 2A win
#7305531
07/13/21 11:46 PM
07/13/21 11:46 PM
|
Joined: Feb 2014
Posts: 25,694 nm
adam m
OP
trapper
|
OP
trapper
Joined: Feb 2014
Posts: 25,694
nm
|
https://www.theblaze.com/news/court...oYJaWAuewpLp39d3Qn9jmcBop_6ikx9Cs4GgNgDMA federal appeals court in Richmond, Virginia, on Tuesday ruled that a decades-old law preventing licensed firearm dealers from selling handguns to anyone below the age of 21 years old is unconstitutional. The 4th U.S. Circuit Court of Appeals' 2-1 ruling from a three-judge panel overturned a lower court's decision upholding the law, according to the Associated Press. The outlet — which noted that the 5th Circuit in the past has ruled in a contrary manner regarding the same topic — said that it is not evident if the decision will have an immediate effect. The AP noted that the Bureau of Alcohol, Tobacco and Firearms could pursue an appeal before the full 4th Circuit panel. The Wall Street Journal reported in 2012 that 5th Circuit Court of Appeals upheld the law. "Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status," Judge Julius Richardson wrote in the 4th Circuit opinion. Richardson, who was appointed by Republican President Donald Trump, was joined in the opinion by Judge G. Stephen Agee, who was appointed by GOP President George W. Bush, according to Roll Call. The ruling pertains to a law that has been on the books for over 50 years that blocks licensed dealers from selling any firearms other than rifles and shotguns to people ages 18- to 20-years-old. While all firearm sales to those under 18 are deemed unlawful, sales of rifles and shotguns to those 18 and up are not prohibited. The majority opinion stated, "The irony does not escape us that, under the government's reasoning, the same 18- to 20-year-old men and women we depend on to protect us in the armed forces and who have since our Founding been trusted with the most sophisticated weaponry should nonetheless be prevented from purchasing a handgun from a federally licensed dealer for their own protection at home. We refuse to accept this conclusion. These men and women who, historically, have served either voluntarily or by conscription may not be read out of 'the people' in the Second Amendment." Obama-appointed Judge James Wynn Jr. dissented, writing that "the majority's decision to grant the gun lobby a victory in a fight it lost on Capitol Hill more than fifty years ago is not compelled by law. Nor is it consistent with the proper role of the federal judiciary in our democratic system."
|
|
|
Re: Another 2A win
[Re: adam m]
#7305548
07/14/21 04:29 AM
07/14/21 04:29 AM
|
Joined: Dec 2006
Posts: 29,952 williamsburg ks
danny clifton
"Grumpy Old Man"
|
"Grumpy Old Man"
Joined: Dec 2006
Posts: 29,952
williamsburg ks
|
shall not be infringed is the only gun law we need
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
|
|
|
Re: Another 2A win
[Re: adam m]
#7305576
07/14/21 06:50 AM
07/14/21 06:50 AM
|
Joined: Mar 2019
Posts: 1,497 Southern NJ
maintenanceguy
trapper
|
trapper
Joined: Mar 2019
Posts: 1,497
Southern NJ
|
Sounds like the two good judges ruled with the constitution. The dissenting judge (Obama appointee) wrote that we've been violating the constitution for 50 years so it's not the court's job to fix it. So, the bad judge didn't even have a legal argument for his position.
-Ryan
|
|
|
Re: Another 2A win
[Re: adam m]
#7305594
07/14/21 07:06 AM
07/14/21 07:06 AM
|
Joined: Dec 2006
Posts: 29,952 williamsburg ks
danny clifton
"Grumpy Old Man"
|
"Grumpy Old Man"
Joined: Dec 2006
Posts: 29,952
williamsburg ks
|
Constitution says “shall not be infringed “. Nothing about age. We have more gun crimes now than before all of the gun laws . The supremes are not doing their job. Protecting our rights
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
|
|
|
Re: Another 2A win
[Re: adam m]
#7305597
07/14/21 07:13 AM
07/14/21 07:13 AM
|
Joined: Dec 2006
Posts: 29,952 williamsburg ks
danny clifton
"Grumpy Old Man"
|
"Grumpy Old Man"
Joined: Dec 2006
Posts: 29,952
williamsburg ks
|
Reasonable gun control is not a real thing. Its an oxymoron . Doesn’t matter if its from Joe Biden or the NRA. All gun control should be opposed
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
|
|
|
Re: Another 2A win
[Re: adam m]
#7305660
07/14/21 09:07 AM
07/14/21 09:07 AM
|
Joined: Aug 2008
Posts: 16,312 ny
upstateNY
trapper
|
trapper
Joined: Aug 2008
Posts: 16,312
ny
|
"The militia of the United States shall consist of all able bodied men of at least 17 years of age"
the wheels of the gods turn very slowly
|
|
|
Re: Another 2A win
[Re: adam m]
#7305671
07/14/21 09:24 AM
07/14/21 09:24 AM
|
Joined: Dec 2010
Posts: 34,966 Central, SD
Law Dog
trapper
|
trapper
Joined: Dec 2010
Posts: 34,966
Central, SD
|
The packing of the Court would be the end of the Constitution as we know it.
Was born in a Big City Will die in the Country OK with that!
Jerry Herbst
|
|
|
Re: Another 2A win
[Re: maintenanceguy]
#7305673
07/14/21 09:28 AM
07/14/21 09:28 AM
|
Joined: Feb 2013
Posts: 869 Alaska/Washington
Dragger
trapper
|
trapper
Joined: Feb 2013
Posts: 869
Alaska/Washington
|
Sounds like the two good judges ruled with the constitution. The dissenting judge (Obama appointee) wrote that we've been violating the constitution for 50 years so it's not the court's job to fix it. So, the bad judge didn't even have a legal argument for his position.
That is why you don't give them an inch. Getting your rights back is always tougher than defending them.
Give an illegal alien a fish and he eats for a day. Deport him and you never have to feed him ever again!
|
|
|
Re: Another 2A win
[Re: Law Dog]
#7305674
07/14/21 09:31 AM
07/14/21 09:31 AM
|
Joined: Dec 2009
Posts: 20,351 The Hill Country of Texas
Leftlane
"HOSS"
|
"HOSS"
Joined: Dec 2009
Posts: 20,351
The Hill Country of Texas
|
The packing of the Court would be the end of the Constitution as we know it. Yes that is their plan. If an 18 year old is responsible enough to defend his country with a M-4 I cannot think of a good reason why he cannot defend his home with a Glock
“What’s good for me may not be good for the weak minded.” Captain Gus McCrae- Texas Rangers
|
|
|
Re: Another 2A win
[Re: danny clifton]
#7305677
07/14/21 09:34 AM
07/14/21 09:34 AM
|
Joined: Dec 2006
Posts: 1,140 Texas Hill Country
Cedar Hacker
trapper
|
trapper
Joined: Dec 2006
Posts: 1,140
Texas Hill Country
|
Constitution says “shall not be infringed “. Nothing about age. We have more gun crimes now than before all of the gun laws . The supremes are not doing their job. Protecting our rights
Spot on.
Sit on your horse on top of a ridge, look out across the country and tell me there is no God.
|
|
|
Re: Another 2A win
[Re: adam m]
#7305679
07/14/21 09:36 AM
07/14/21 09:36 AM
|
Joined: Aug 2008
Posts: 16,312 ny
upstateNY
trapper
|
trapper
Joined: Aug 2008
Posts: 16,312
ny
|
The Dumborats are very well aware that gun control does NOT prevent crime.They know what their doing.They want us un-armed.Un-armed,,we are sublects,,not citizens.
Last edited by upstateNY; 07/14/21 09:36 AM.
the wheels of the gods turn very slowly
|
|
|
Re: Another 2A win
[Re: Blaine County]
#7305704
07/14/21 10:02 AM
07/14/21 10:02 AM
|
Joined: Mar 2007
Posts: 35,202 McGrath, AK
white17
"General (Mr.Sunshine) Washington"
|
"General (Mr.Sunshine) Washington"
Joined: Mar 2007
Posts: 35,202
McGrath, AK
|
The dissent is disappointing--and demonstrates a lack of judicial competence. Blaine and James : Critique my thinking please. I suspect that if the full 4th circuit hears the case it will find that the law IS constitutional since it does not prohibit possession or use. ( Keep & bear) But since an 18 year old is a full voting citizen, and since Wickard v Filburn so specifically claims that individuals are subject to the commerce clause, might there not also be a commerce clause violation here since the gun an 18 year old wants to buy has likely traveled between or among states ? I suppose one could say that alcohol also is part of interstate commerce and age restrictions are placed on it. But alcohol is not in the Bill of Rights. Should there be age restrictions on writing a blog or owning a printing press ? Certainly a press has shown itself to be at least as dangerous as a firearm.
Mean As Nails
|
|
|
Re: Another 2A win
[Re: white17]
#7305707
07/14/21 10:06 AM
07/14/21 10:06 AM
|
Joined: Aug 2008
Posts: 16,312 ny
upstateNY
trapper
|
trapper
Joined: Aug 2008
Posts: 16,312
ny
|
The dissent is disappointing--and demonstrates a lack of judicial competence. Blaine and James : Critique my thinking please. I suspect that if the full 4th circuit hears the case it will find that the law IS constitutional since it does not prohibit possession or use. ( Keep & bear) But since an 18 year old is a full voting citizen, and since Wickard v Filburn so specifically claims that individuals are subject to the commerce clause, might there not also be a commerce clause violation here since the gun an 18 year old wants to buy has likely traveled between or among states ? I suppose one could say that alcohol also is part of interstate commerce and age restrictions are placed on it. But alcohol is not in the Bill of Rights. Should there be age restrictions on writing a blog or owning a printing press ? Certainly a press has shown itself to be at least as dangerous as a firearm. " The pen is mightier than the sword" comes to mind.
the wheels of the gods turn very slowly
|
|
|
Re: Another 2A win
[Re: hippie]
#7305728
07/14/21 10:39 AM
07/14/21 10:39 AM
|
Joined: Jan 2007
Posts: 25,706 Georgia
warrior
trapper
|
trapper
Joined: Jan 2007
Posts: 25,706
Georgia
|
Reaping the benefits of Trumps work at filling judicial openings with good judges.
Even the once dreaded 9th circuit shot down a magazine ban since Trump filled the openings. That will probably be his greatest accomplishment. Hopefully it won't be when he gets a second shot at draining the swamp.
|
|
|
Re: Another 2A win
[Re: warrior]
#7305800
07/14/21 12:28 PM
07/14/21 12:28 PM
|
Joined: Feb 2010
Posts: 19,719 pa
hippie
trapper
|
trapper
Joined: Feb 2010
Posts: 19,719
pa
|
Reaping the benefits of Trumps work at filling judicial openings with good judges.
Even the once dreaded 9th circuit shot down a magazine ban since Trump filled the openings. That will probably be his greatest accomplishment. Hopefully it won't be when he gets a second shot at draining the swamp. I'm hoping he gets another shot and with 4 years now to see how fast the ones he thought were with him are now back stabbing him even more. Bring in people from outside D.C. no matter their experience. DeSantis would be good too I think, but would make the same mistakes in hiring from the swamp. imo
Last edited by hippie; 07/14/21 12:31 PM.
|
|
|
|
|