Posted on 05/24/2023 4:37:46 AM PDT by marktwain
On May 10th, 2023, in the United States District Court for the Eastern District of Virginia, Richmond Division, Judge Robert S. Payne published an opinion in the federal statutes and regulations which ban 18-20-Year-old citizens from purchasing handguns from federally licensed dealers is facially unconstitutional.
The decision was rendered in the case Fraser v ATF. The case is a lawsuit brought by four young citizens between the ages of 18 and 20. The case was initially filed on June 22, 2022, just as the famous Supreme Court opinion in Bruen was published. Motions to dismiss the case and for summary judgment in favor of the plaintiffs were filed on November 30 and December 15, respectively.
Judge Payne found several facts in his route to the opinion, which was heavily based on the direction given by Justice Thomas in the Bruen decision.
First, the ban on purchasing handguns from federally licensed dealers directly infringes on the rights protected by the Second Amendment. It is a “blanket age-based restriction.” The government did not contest this fact.
(Excerpt) Read more at ammoland.com ...
Ever notice that EVERYTHING the Left wants to do is unconstitutional?
There is the minor issue of the armed forces issuing and training personnel 18 to 20 years of age to use pistols in the performance of their duty.
Of course it is. At 18 they are legal adults. What other constitutional rights can you deny adult citizens?
None.
It should be a no brainer that you can’t deny them either.
It created a whole set of Leftist University towns that are incubators of Progressive policies, theories, and activism.
That was the idea.
It worked as planned. Almost all colleges are now a cesspool of Marxist indoctrination by left wing radical professors. And yet parents still don't see a problem with it.
Oh well, not my money they are wasting.
Well, there is at least one judge out there with some common sense. Toddlers can now sit in a bar watching a bunch of perverts dressed up like hookers read bedtime stories but they can’t buy a gun? What kind of commie crap is that? No wonder the new “american” males are a bunch of selfie taking sissy boys with “man buns”.
No question it benefitted Democrats.
But.....how do you tell people old enough to be drafted that they’re not old enough to vote?
That pesky Constitution causes so much trouble, especially with Mostly Peaceful Rioting, Looting and Arson.
Thank You God !!! A Judge that can READ & COMPREHEND SIMPLE ENGLISH !!!! 🔫
+1!
The constitution says what it says, and it doesn’t say what it doesn’t say.
Well, that ONE in a row.
Perhaps by saying you have the ability to defend your country with force before you have gained the wisdom and perspective to be able to vote wisely.
The ability to vote is much more dangerous than the ability to have and use a firearm.
The founders understood this. Political philosophers have understood this for millenium.
It is not a difficult concept.
If you're old enough to bear the responsibilities of citizenship, you're old enough to exercise the full rights of citizenship.
we’ll see...
As usual, Ammoland publishes a direct link to the decision itself. Kudos, and a “great job” to ammoland!
Not simply protecting the heartland of the preserved right, the Second Amendment protects the environs surrounding it to prevent any encroachment upon the core protections. Thus, by virtue of the word "infringed" the Second Amendment's protectective textual embrace includes the conduct necessary to exercise the right ("to keep and bear"), and that, as explained above includes the right to purchase arms so that one may keep and bear them.
Pretty well-written IMO.
It is not until page 42 that the court finally got to the fact that an 18 year old was, in fact expected to serve in the militia, and provide his own musket and ammo for same. While it is not necessary to me a militia member in order for the 2nd Amendment to apply to you, it is very telling that when the 2nd Amendment was adopted, 18 year olds were obviously expected to be able to obtain and own firearms as required for militia service. I kept waiting for that penny to drop as I read, and wasn't disappointed. This argument, all by itself is all you need, given the way Bruen was written (brilliantly, IMO)
Further, at p 47, the judge notes ...
In the decade following the ratification of the Second Amendment, however, congress and every state in the Union passed a militia law requiring almost all able-bodied white men between the ages of 18 and 45 to serve in the militia.
The underline is in the original, BTW.
Again, in light of Bruen, this is extremely powerful.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.