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Another 2A win

Posted By: adam m

Another 2A win - 07/14/21 03:46 AM

https://www.theblaze.com/news/court...oYJaWAuewpLp39d3Qn9jmcBop_6ikx9Cs4GgNgDM

A 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."
Posted By: danny clifton

Re: Another 2A win - 07/14/21 08:29 AM

shall not be infringed is the only gun law we need
Posted By: Andrew Eastwood

Re: Another 2A win - 07/14/21 10:13 AM

Originally Posted by danny clifton
shall not be infringed is the only gun law we need

Yes it is.
Posted By: Posco

Re: Another 2A win - 07/14/21 10:41 AM

The Obama appointee couldn't help but smear the motive behind the decision. It's what they always do.
Posted By: maintenanceguy

Re: Another 2A win - 07/14/21 10:50 AM

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.
Posted By: EdP

Re: Another 2A win - 07/14/21 10:50 AM

I have no doubt this will be appealed to the full 4th circuit, and will likely be overturned. If upheld by the full 4th circuit it will end up with the SCOTUS since the 5th circuit HAS upheld it. That might get very interesting.
Posted By: danny clifton

Re: Another 2A win - 07/14/21 11:06 AM

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
Posted By: danny clifton

Re: Another 2A win - 07/14/21 11:13 AM

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
Posted By: upstateNY

Re: Another 2A win - 07/14/21 01:07 PM

"The militia of the United States shall consist of all able bodied men of at least 17 years of age"
Posted By: Law Dog

Re: Another 2A win - 07/14/21 01:24 PM

The packing of the Court would be the end of the Constitution as we know it.
Posted By: Dragger

Re: Another 2A win - 07/14/21 01:28 PM

Originally Posted by maintenanceguy
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.
Posted By: Leftlane

Re: Another 2A win - 07/14/21 01:31 PM

Originally Posted by Law Dog
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
Posted By: hippie

Re: Another 2A win - 07/14/21 01:33 PM

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.
Posted By: Cedar Hacker

Re: Another 2A win - 07/14/21 01:34 PM

Originally Posted by danny clifton
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.

[Linked Image]
Posted By: upstateNY

Re: Another 2A win - 07/14/21 01:36 PM

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.
Posted By: Blaine County

Re: Another 2A win - 07/14/21 01:43 PM

The dissent is disappointing--and demonstrates a lack of judicial competence.
Posted By: white17

Re: Another 2A win - 07/14/21 02:02 PM

Originally Posted by Blaine County
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.
Posted By: upstateNY

Re: Another 2A win - 07/14/21 02:06 PM

Originally Posted by white17
Originally Posted by Blaine County
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.
Posted By: warrior

Re: Another 2A win - 07/14/21 02:39 PM

Originally Posted by hippie
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.
Posted By: hippie

Re: Another 2A win - 07/14/21 04:28 PM

Originally Posted by warrior
Originally Posted by hippie
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
Posted By: warrior

Re: Another 2A win - 07/14/21 04:34 PM

I hope he does as well and takes full advantage of his time. Take bake the house in 22 and hold it in 24. Retake the the senate as well and his hands are untied. Go in and clean house starting with gutting the FBI.
Posted By: Posco

Re: Another 2A win - 07/14/21 05:19 PM

Originally Posted by Leftlane
Originally Posted by Law Dog
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


You know their goal is to undermine and circumvent the 2nd Amendment. The left holds very little of our constitution in high regard. I hardly consider them American. If they persist in their ways, at some point we need to declare them illegitimate and throw them off. As Shakespeare wrote in Henry V, we show great mercy if we give them life after the taste of much correction.
Posted By: danny clifton

Re: Another 2A win - 07/14/21 06:22 PM

FBI has beencrooked since J Edgar first put on a bra
Posted By: Lugnut

Re: Another 2A win - 07/14/21 07:07 PM

That's good news Adam. Thanks for the share.
Posted By: adam m

Re: Another 2A win - 07/15/21 12:36 AM

Good gun control, is the top 4 gun safety rules.

Jerry, you're absolutely right about packing the scotus
Posted By: upstateNY

Re: Another 2A win - 07/15/21 12:38 AM

Originally Posted by danny clifton
FBI has beencrooked since J Edgar first put on a bra

The A-Z community wont like that remark !! grin
Posted By: danny clifton

Re: Another 2A win - 07/15/21 12:45 AM

Quote
The A-Z community wont like that remark !!


I quit worrying about who may be offended when I am pointing out a fact. People with a serious mental illness have no business in some jobs.
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