A federal judge in Virginia has overturned a series of federal restrictions that prohibit children under the age of 21 from buy a gun by federally licensed firearms dealers. The prohibition – reads the 71-page sentence – violates the Second Amendment to the Constitution That protects the right to keep and carry armsthe.
Judge Robert Payne explained that many of the rights and responsibilities of citizenship are granted at age 18, including the right to vote, enlist without parental permission, and serve on a federal jury. “If the Court were to exclude young people between 18 and 20 from the protection of the Second Amendment – wrote the judge – it would impose limitations on the Second Amendment itself”.
A handgun for sale in a Virginia store
The ruling was handed down in a case brought by four boys who were over 18 but under 21 when they wanted to buy guns. Under the law, parents can buy guns for their children or, this is the bizarre detail, children under 21 can buy a rifle.
The judge cited a recent Supreme Court decision that expanded the second amendment’s right to guns. This is the New York State Rifle and Pistol Association v. Bruen, who struck down a New York State law that placed strict limits on carrying guns outside the home.
“This decision comes as no surprise,” said Jonathan Lowy, an attorney and gun violence activist who has sued firearms manufacturers on behalf of victims of mass shootings and their families. “The Bruen case gave license to any judge to change any gun law.”
John Feinblatt, chairman of advocacy group Everytown for Gun Safety, expects the ruling to be overturned, but he also anticipated a spate of similar cases over the next year from conservative judges.
“It’s the latest example of a larger campaign that the gun lobby takes forward,” he said.
Not only are guns the leading cause of death for children and adolescents in the US, but data show that 18-20 year olds commit homicides at three times the rate of those over 21.
The case could end up in the Supreme Court and comes just after a wave of mass shootings that has swept across the United States and left dozens dead. In 2021, more than 47,000 people were killed by firearms in the country.
