Federal judge strikes down age minimum of 21 on handgun purchases
A law preventing the sale of handguns to individuals under the age of 21 has been declared unconstitutional by a federal judge in Virginia.
The 1968 Gun Control Act and regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives were challenged by John Corey Fraser, 20, and other plaintiffs after they were unable to buy handguns due to their age. The judge, Robert Payne, argued that individuals gain certain constitutional rights and responsibilities at the age of 18 and that the laws and regulations in question are not consistent with the history and traditions of the United States.
Judge Payne stated that excluding 18-to-20-year-olds from the Second Amendment's protection would limit this right in a way that does not apply to other constitutional guarantees. He cited the 2022 Bruen decision made by the Supreme Court which determined that gun control measures must align with the nation's history and traditions regarding firearm regulation.
The judge noted that there was no evidence of age-based restrictions on the sale or purchase of firearms in the colonial era, Founding, or Early Republic periods.
It is worth noting that individuals under the age of 21 can already purchase handguns from private sellers.
Judge Payne's decision will now allow those aged 18-20 to buy handguns from licensed federal firearms dealers unless his ruling is overturned. Elliott Harding, the lawyer for Fraser, expects the government to appeal the decision, but he is confident that the higher courts will uphold the judge's ruling.
