Court strikes down handgun ban in US
By BELINDA ROBINSON in New York | CHINA DAILY | Updated: 2021-07-16 09:10
The US Department of Justice is considering appealing a federal court ruling that would allow people under the age of 21 to purchase and possess a handgun, the first such ruling by a high-level court that extends the Second Amendment right to younger adults to keep and bear arms.
The 2-1 decision on Tuesday by the Virginia-based 4th US Circuit Court of Appeals said a law that prevented licensed firearms dealers from selling handguns to people under the age of 21 is unconstitutional and restricts the rights of law-abiding citizens.
"Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18-to-20-year-olds to a second-class status," wrote Circuit Judge Julius Richardson, who was appointed by former president Donald Trump.
A Justice Department spokesperson told The Washington Post that they respectfully disagree with the court's decision and are considering options.
The decision by the panel is likely to be appealed to the full 4th Circuit. The court sent the case back to a federal-district court for further proceedings.
The ruling sparked concerns among anti-gun violence groups in the United States.
Giffords Law Center to Prevent Gun Violence is led by former Democratic congresswoman Gabrielle Giffords, who was shot in 2011 by a gunman who killed six people and injured 12 in Arizona.
The organization explained why laws imposing minimum age requirements for the possession and purchase of firearms are necessary measures.
"Laws imposing minimum age requirements for the possession and purchase of firearms are intended to decrease access to firearms by young people and, correspondingly, to decrease the number of suicides, homicides, and unintentional shootings among that population," wrote the organization on its website.
"Given that young people are at elevated risk of engaging in violent behaviors against themselves or others, these laws have the potential to protect a particularly vulnerable group."
Constitutional right
Gun rights group National Rifle Association threw its support behind the court's decision.
"The Fourth Circuit Court of Appeals recognized today that millions of young adults must be allowed to exercise their fundamental constitutional right," said Amy Hunter, NRA's director of media relations, in a statement.
In the ruling, Richardson noted most other constitutional rights are not age-limited and that militia laws enforced at the time the Constitution was ratified uniformly required those 18 and older to join and bring their own arms.
He was joined by Judge G Steven Agee, who was appointed by former president George W Bush.
The judges said they did not believe it was necessary for age restrictions to be placed upon people who buy guns. They also argued that young people may obtain a gun illegally without a background check if they could not buy one legally.