Federal judge lifts restrictions preventing 18-to-20-year-olds from legally purchasing handguns

The Gun Control Act of 1968 only permits the sale of such weapons to those over 21 years of age.

Virginia federal judge Robert E. Payne ruled that citizens between the ages of 18 and 20 cannot be prohibited from purchasing handguns .

The judge issued the ruling in a case brought by four men between the ages of 18 and 20 who expressed their desire to purchase handguns from federally licensed dealers. The Gun Control Act of 1968 allows those 18 and older to purchase firearms such as shotguns and rifles, but not handguns, which can only be sold to those 21 and older.

gov.uscourts.vaed.524643.47... by Verónica Silveri

Payne argued that such regulations are unconstitutional and go against American traditions and history:

Because the statutes and regulations in question are not consistent with our Nation's history and tradition, they, therefore, cannot stand.

He further argued that the Second Amendment establishes "the right to keep and bear arms" and that this shall not be infringed upon.

TThe Court finds that the right to purchase a gun falls within the Second Amendment's plain text. ... No federal appellate court, much less the Supreme Court, has squarely determined that the Second Amendment's rights vest at age 21. ... “It is firmly established that the First, Fourth, Fifth, Eighth, and Fourteenth Amendments vest before the age of 21.

Second Amendment protections apply to 18-to-20-year-olds

Payne argued that the protections of the Second Amendment indeed apply to 18-to-20-year-olds. He argued that "if the Court were to exclude 18-to-20-year-olds from the Second Amendment’s protection, it would impose limitations on the Second Amendment that do not exist with other constitutional guarantees."

"By adopting the Second Amendment, the people obligated both Congress and the courts to protect the right of ordinary law-abiding citizens of this age to keep and bear arms, unless the restriction is supported by the Nation's history," he added.