Posted on 01/30/2025 11:05:13 AM PST by CFW
NEW ORLEANS (January 30, 2025) – Today, Firearms Policy Coalition (FPC) announced that the Fifth Circuit Court of Appeals has ruled that the federal government’s handgun ban for adults aged 18 to 20 years old is unconstitutional. The opinion in Reese v. ATF can be viewed at firearmspolicy.org/reese.
“Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among ‘the people’ whose right to keep and bear arms is protected. The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban [...] In sum, 18 U.S.C. §§ 992(b)(1), (c)(1) and their attendant regulations are unconstitutional in light of our Nation’s historic tradition of firearm regulation,” the Court said in its opinion.
“Today’s ruling is yet another critical FPC win against an immoral and unconstitutional age-based gun ban. We look forward to restoring the Second Amendment rights of all peaceable adults throughout the United States,” said FPC President Brandon Combs.
The Reese case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by two FPC members as well as the Second Amendment Foundation and Louisiana Shooting Association. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
(Excerpt) Read more at firearmspolicy.org ...
Court's opinion in Reese v BATF.
The Opinion is just 29 pages.
Anyone seen the age limitation portion of the 2nd amendment?
“Anyone seen the age limitation portion of the 2nd amendment?”
No, and I’ve checked several times to make sure I didn’t miss it.
remember friends, “The ONLY restriction written into the Second Amendment is a restriction on legislating restrictions” L.Star. apparently government, federal, state AND local need a reminder that WE THE PEOPLE know this and we aren’t backing down on it. “elections have consequences and then everyone suffers the consequences” means we the people need to control our elected officials or WE suffer. just fyi.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
= = =
Age limitation?
If I stretch it, maybe old enough to read the 2a, and understand it.
Or old enough to obey their parents (well regulated).
Perhaps it comes under or within “the right”, the scope and definition of which may require clarification.
You would love this ruling from the Georgia State Supreme Court in 1846 after the state banned handguns back then.
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
Whoopee
Sling shots
BB Guns
Rocks
Pointed sticks
Cannons made of pipe and firecrackers
Well, Joementia did remind us those pesky ‘rights’ aren’t absolute.
13 year olds with muskets fought at the Battle of Saratoga, “Northern Traveler”, 1841, p. 41
8 year old Steamboat boys had pistols under their belts...Hammond’s Diary, 1849
In 1957 a 14 year old boy could walk into an Army-Navy Store, buy a .22 , walk out the door and carry it home.
Perhaps you should familiarize yourself with Letters of Marque and Reprisal in the Constitution. This implies private ownership of large shipboard cannons was expected. That goes well beyond sling shots, does it not, Bob?
From the court’s decision:
Conclusion
Ultimately, the text of the Second Amendment includes eighteen-to twenty-year-old individuals among “the people” whose right to keep and bear arms is protected. The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence “cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence.” Id. at 66, 142 S. Ct. at 2154 (citing Heller, 554 U.S. at 614, 128 S. Ct. at 2810). In sum, 18 U.S.C. §§ 992(b)(1), (c)(1) and their attendant regulations are unconstitutional in light of our Nation’s historic tradition of firearm regulation.
We REVERSE the district court’s judgment and REMAND for further proceedings consistent with this opinion.
“Well regulated” Of course going by the well known adage that “An army marches on its stomach.” It may be that being “well regulated” takes on an entirely different connotation.
If nothing else, rights are limited by other rights, which means they aren’t absolute.
Your right to life ends when you are using your life to murder me.
Your right to pursue happiness may be limited when you want to pursue happiness by entering my property and I am pursuing happiness by keeping you out of my property.
At least as far as I am concerned.
They was shooten Squirrels and Coons at seven...
And handguns in 1847 where for the most part single shot percussion or older flintlock guns. Colt's first revolver, the Patterson, came out in 1836, but there were very few available at that time and Colt's newer revolvers really didn't appear on the market for sale to the general public until around the 1849 to 1851 time frame.
For sure! The young boys (and often girls as well) carried their firearm with them in order to bring home birds or rabbits for dinner. They also carried guns to kill predators after their livestock; not to mention to provide safety from the occasional unwanted and uninvited visitor to the homestead.
I’m a big believer in teaching gun safety and gun skills to a child as soon as possible. We would have fewer firearms accidents and fewer intentional deaths if a proper respect for guns were taught as early as kindergarten age.
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