Adults under 21 can’t be barred from buying handguns, judge rules

The decision is expected to be challenged by the Justice Department in the following days

Banning licensed firearms dealers from selling guns to adults under the age of 21 is unconstitutional, a federal judge in Virginia has ruled.

US District Judge Robert E Payne argued in a 71-page filing on Thursday that federal age regulations in the purchase of handguns violate the Second Amendment, the Washington Post reported.

Currently, adults between the ages of 18 and 20 are able to purchase guns through their parents or guardians but are not allowed to buy them from registered dealers themselves.

Judge Payne’s decision is expected to be challenged by the Justice Department in the following days. It will then be reviewed by a higher court.

The ruling responded to a civil lawsuit brought up last year by three plaintiffs after a gun dealer refused to sell them handguns because they were older than 18 but younger than 21, citing the Gun Control Act of 1968 and ATF age regulations.

“If the Court were to exclude 18-to-21-year-olds from the Second Amendment’s protection, it would impose limitations on the Second Amendment that do not exist with other constitutional guarantees,” the judge wrote in his opinion.

“By adopting the Second Amendment, the people constrained both the hands of Congress and the courts to infringe upon this right by denying ordinary law-abiding citizens of this age the full enjoyment of the right to keep and bear arms unless the restriction is supported by the Nation’s history.”

Elliott Harding, the lawyer for plaintiff John Corey Fraser welcomed the decision.

“We’re pleased the court ruled in favour of [my client] and the other named plaintiffs in such [a] well-written and thorough decision,” the attorney told the Post in a statement.

“Even though it ensures that future buyers can now purchase these firearms in the federal system, one that includes background checks and other requirements, we expect the defendants will appeal. Nevertheless, we remain optimistic that the decision will be affirmed in due course.”

Meanwhile, gun reform advocacy groups have filed amicus briefings noting that the set of federal age requirements, some of which date back from the 1880s, is justified and should be upheld.

In Virginia, open carry without a permit is legal for licensed gun owners over the age of 18.

In recent years, the state has passed several gun reform policies, including requiring background checks for all sales and relinquishment for domestic abusers under restraining orders, according to Everytown for Gun Safety.