Appeals court rules that the 21 year old limit for purchasing a handgun is unconstitutional.

 

A man inspects a handgun while at a gun store. USA Today/Getty.

An appeals court has ruled that the 21 year old limit for purchasing a handgun is unconstitutional. USA Today. The 4th Circuit Court said that the 1968 law that banned handgun purchases for 18,19 and 20 year olds was an arbitrary infringement on civil rights. The suit was filed by a pair of people refused handguns due to being under 21, including 19 year old Natalia Marshal who wanted a gun to protect herself from an ex-boyfriend who she had a restraining order on. The ruling only effects the 4th Circuit Court's jurisdiction and will likely be appealed to the Supreme Court. 

My Comment:

This news broke yesterday but I wasn't able to get a post up. Obviously I think this ruling is correct. I am generally opposed to most gun laws and I always though that the 21 year old limit was especially arbitrary. This case was ruled on correctly. 

If you are old enough to join the military you should obviously be old enough to buy a handgun. The fact that you can buy a rifle or shotgun but not a handgun while you are under 21 just means that the policy is discriminatory. 

It really comes down to if you think people between 18 and 21 are adults. I honestly think that it's a joke that people that are over 18 are restricted from anything, let alone their 2nd amendment rights. Either they are adults or they are not and if they can vote, join the military or get married then why can't they buy a handgun or have a beer? 

And it should be obvious that a 18 year old should have a right to self defense. These young adults are at higher risk to being victims of crime. In this case the 19 year old woman was unable to purchase a handgun to defend herself from a dangerous armed ex-boyfriend. Sure, she could have purchased a rifle or shotgun (or maybe not since some states now ban those from 18-21 year olds as well) but she should have had the choice on what weapon she wanted.

Will the case hold? I have no idea. It will probably go to the full 4th circuit court of appeals. Without better knowledge of that court I don't know which way the ruling will go. And either way the case will probably go to the Supreme Court and it's no guarantee that the Court will even take it. 

Regardless, any such ruling is a long way off. The Federal Courts seem to be slow walking gun cases anyways but even if they don't it will still likely take several years to get a ruling. This is a case to watch but don't expect anything to actually change with the restrictions for a couple of years at least.