The US Appeal Court in the fifth round is Reesev. ALCOLS, TOBACCO, firearms, and explosive stations (ATFs) submitted yesterday, and three judge panels have decided to ban the federal government 18- pistol sales. It is unconstitutional for 20 -year -olds.
The ban is prohibited from selling pistols to individuals under the age of 21. This is part of the 1968 gun control law, 18usc §922 (B) (1) and (C) (1). These laws have illegal to “sell or distribute” the dealers.
The firearms or ammunition for individuals who know or have a rational cause of Licensei are under 18 years old, or in the case of firearms or ammunitions other than shotgun or rifle, or rifle ammunition. The individual who knows or has a reasonable reason to believe is under 21 years old.
Reverse the previous decision
Jennifer Walker Erlod Judge Edis Jones and Lesa Berksdale unanimously agreed to reversing their previous decisions. In their decision, the judge quoted the recent decision of the US Supreme Court -New York Lifle & Pistol Association, INC. V. BRUEN, and the United States vs La Himi:
This is the second issue in our court in the constitutionality of 18USC §922 (B) (1) and (C) (1), and the federal firearm Licenseie has a handgun from 18 to 18 years old. Do not sell. adult…. This court (formerly) supported these provisions. However, the decision, which had been criticized at the time, preceded two recent clear opinions that clarify the Supreme Court's opinion on the methodology of interpreting gun regulations under the second amendment. We currently have to focus on access to firearms between the age of 18 and 20 and evidence of ownership. The Supreme Court's decision and (2) these provisions are inconsistent with the second revision. Therefore, we will reverses the (first) opposite judgment and submission of further procedures that match this opinion.
The plaintiff in the case is Caleb Leasing. The Fighter Policy Union (FPC); the second amendment foundation. Louisiana shooting association. Emily Nakin. FPC President Brandon Coms responded in a press release and responded to the court's decision.
Today's ruling is another important FPC victory against the ban on guns based on immoral and unconstitutional age. I am looking forward to recovering the second amendment right of all peace adults in the United States.
The defendants in the case are alcohol stations, tobacco, firearms, and explosives (ATF). Former ATF director Steven Detelbach resigned before President Donald Trump's second term began. He will be appointed on January 20 and plays James R. McHenry IIII of James R. McHenry III while he has been checking the AG candidate Pam Bondy's Senate.
Constitutional precedent
In front of the court, the defendant enacted 19 states between 1856 and 1897, limiting access to pistols between the ages of 18 and 20. They argued that these types of firearms were led to most of the US history. However, the court refused the constitutional evidence of these laws.
The government has also argued that the 19th -century law indicates that access to pistols aged 18 to 20 is managed for “most of the American history.” The 22 jurisdictions, including the 19 states, the Columbia Special Zone, and the two municipalities, were in some form of the right of Article 2 from 1856 to 1897, between 1856 and 1897, from 1856 to 1897. Limited.
The fifth round of rounds determined that these laws were far from ratification in the second amendment to be considered when they interpreted the constitutional rights in which the integration was adopted. They quoted Broon's decision and stated that unconstitutional 19th -century laws could not exceed constitutional rights.
However, it is dangerous to go beyond the border of a similar body in the founding era, and the court, “the court can correctly have such a (such) history correctly. It must be protected from giving. ” … These restrictions in the latter half of the 19th century are not the “method” or “why” of the regulations, but rather the laws of firearms that are too delinquent and are tremendously acceptable from the age of 18 to 20. That was too late. -The age of “an important time in our country's history”. … Brun warns that “the interpretation of the Constitution is not all created by all history.” … “Constitutional rights are in the future, regardless of whether they are in the future, regardless of whether they think that their scope is too wide, even if they think that the range is too wide. It is surrounded by the range that was understood.
In addition, the court determined that the rights of 18 to 20 -year -olds were protected under the second amendment, because “maintenance and bear weapons” include the right to buy firearms containing pistols. 。 The court's decision states that there was no important historical law to limit the purchase of firearms by the age group when the second amendment was ratified. The panel states that he is serving a 15 -year -old citizen with a weapon that owns a personally owned by the militia.
Furthermore, contrary to the government's reading of concerns in the colonies and establishment of the “irresponsible” of those under the age of 21, it is expected that these young people will maintain peace, not to disturb them. It was done. In addition to serving as a militia, children aged 18 to 20 are often the minimum age of 15 or 16, and are obliged to participate in “weapons that such weapons or weapons can be provided or provided”. there is. 。 “
