Ruling on 2nd Amendment Rights of 18-to-20 Year-Old Citizens

In an important legal ruling, the U.S. Fourth Circuit Court of Appeals has declared that 18-to-20 year-old adult citizens have the right to own handguns under the Second Amendment to the U.S. Constitution. A three-judge panel of the Fourth Circuit Court of Appeals has ruled (2-1) that a 21-year minimum age restriction on handgun purchases is unconstitutional.

In the majority option, Appellate Judge Julius Richardson wrote: “Looking through the historical lens to the text and structure of the Constitution reveals that 18-to-20 year-olds have Second Amendment rights. Virtually every other Constitutional right applies whatever the age, and the Second Amendment is no different. The militia laws in force at the time of ratification uniformly required those 18 and older to join the militia and bring their own arms. While some historical restrictions existed, none supported finding that 18-year-olds lack rights under the Second Amendment.”

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The case, Hirschfeld and Marshall v. BATFE et al, was brought by Tanner Hirschfeld and Natalia Marshall, young adults who sought to purchase handguns in Virginia but were blocked due to age limits. The Second Amendment Foundation said this week’s ruling by the Fourth Circuit Court of Appeals declaring the ban on handgun sales to young adults in the 18-20-year age group to be unconstitutional is a “monumental victory for Second Amendment rights”.

“Judge Richardson, in my estimation, has authored one of the best-written opinions in any gun rights case I’ve ever read,” said SAF founder and Executive Vice President Alan M. Gottlieb. “He has detailed the issue, provided the history and offered a perspective that doesn’t bow to political correctness. We have similar cases pending in Illinois, Louisiana, Pennsylvania, Washington, California, Minnesota and other states that this Fourth Circuit ruling could directly impact.”

“The irony does not escape us”, Judge Richardson wrote, “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.”

“I’ve said the same thing repeatedly”, Gottlieb noted, “We send young men and women into harm’s way [in the military] to defend our national interests, yet our laws arbitrarily say they shouldn’t be trusted enough to buy a handgun here at home. That defies logic and common sense[.]”

Judge Richardson recognized the “weighty interest in reducing crime and violence” but determined that the court will not “relegate either the Second Amendment or 18-to-20-year-olds to a second-class status.”

There was a dissent by Judge James Wynn Jr., an Obama appointee. Judge Wynn believed that the majority opinion went too far, declaring that: “the majority’s decision to grant the gun lobby a victory in a fight it lost on Capitol Hill more than 50 years ago is not compelled by law.” Legal experts believe it is likely that the U.S. Dept. of Justice, at the behest of the Biden administration, will appeal this 4th Circuit decision.