The U.S. Supreme Court’s 2022 Bruen decision was a watershed moment for gun rights. It erected a legal roadblock against efforts by anti-gunners to infringe on constitutional freedoms by mandating that gun control laws must be rooted in the nation’s history and tradition.
No more concocting novel ways to impede the right to keep and bear arms. At least, that appeared to be the case.
But the wheels of justice turn slowly, and nearly three years later, numerous battles are still being waged against laws that Bruen clearly should have invalidated.
One major obstacle to proper Second Amendment protection for all law-abiding Americans is the continued existence of laws that strip gun rights from responsible young adults. And this may be headed to a judicial showdown.
Many believe that the Supreme Court is poised to take up the argument over long-time federal restrictions that have no basis in the nation’s Founding Era. Courts are methodically striking down prohibitions on young adults under 21 possessing firearms.
In January, the New Orleans-based Fifth Circuit Court of Appeals ruled against the federal ban on handgun purchases by young adults under 21. The decision was based in part on Bruen.
The panel unanimously determined that the federal prohibition violated the Bill of Rights. The court wrote that the “government argues that a limited ban on the purchase of handguns from FFLs is not an infringement on the Second Amendment rights, and in any event, 18-to-20-year-olds are not among ‘the people.”
This despite this age group being called upon to take up arms and defend the nation in war, being allowed to marry, vote, and enter into binding legal contracts.
The National Rifle Association’s Institute for Legislative Action (NRA-ILA) said the court “considered whether the federal prohibition is consistent with America’s historical tradition of firearm regulation” and determined that it is not.
The appeals court noted that during the Founding Era, this age group was required to obtain and possess weapons. No laws were established banning firearms for this age group.
The 10th Circuit had upheld the prohibition in November.
A Virginia district court judge recently ruled that the age-based ban is unconstitutional, and that matter is now before the Fourth Circuit Court of Appeals.
Fox News Digital spoke with Second Amendment Foundation (SAF) founder Alan Gottlieb, and he explained that the current legal quagmire over Second Amendment protections for young adults is quickly headed to the high court.
“Whenever there’s decisions that cross each other, you have a much better chance of getting a writ of certiorari at the U.S. Supreme Court,” Gottlieb declared.
The current federal law is now being applied differently in various judicial districts across the U.S., a situation that begs for Supreme Court intervention.
The Gun Control Act established this statute in 1968. This remained virtually unchallenged until 2022’s Bruen ruling, but now there are multiple legal efforts to end the controversial prohibition.
Gottlieb noted that nothing in the Founding Era suggests that law-abiding young adults were to be excluded from the right to keep and bear arms.
“What the Supreme Court’s Bruen ruling said was, you have to look at the text and the history. That’s what counts,” the SAF founder said. “When the Bill of Rights was put together there was nothing that prohibited 18-to 20-year-old young adults from being able to own or carry a firearm.”
Without that precedent, the federal law should not stand.
The Eighth Circuit recently struck down another ban in Minnesota, and officials there asked the U.S. Supreme Court to decide the case.
Their petition is pending.
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