A judge in Virginia struck down a federal law this week that bars licensed firearms dealers from legally selling handguns to people under the age of 21 but older than 18.
In a 71-page ruling on Wednesday, Judge Robert E. Payne of the Eastern District Court in Richmond, Va., wrote that the age requirement was unconstitutional.
“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,” wrote the judge, a George H.W. Bush appointee. “Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand.”
The lawsuit was brought by John Corey Fraser, a Virginia man who was a 20-year-old college student in May 2022 when he attempted to buy a Glock 19x handgun from a licensed state dealer – a sporting goods store in Ashland, Va. – but was denied. The case has been turned into a class action lawsuit challenging the constitutionality of the 1968 Gun Control Act and other regulations imposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“The United States prohibits a class of law-abiding, responsible citizens from fully exercising the right to keep and bear arms—those adults who are not yet twenty-one,” the lawsuit states, calling the age restriction “irrational.”
Adults under age 21 are allowed to purchase long guns, including shotguns and rifles, from federally-licensed dealers, but they have been barred from purchasing handguns. Payne’s ruling would change that.
Elliot Harding, a lawyer representing Fraser and the other plaintiffs, told the Washington Post that he and his clients were pleased with Payne’s “well written and thorough decision.”
“Even though it ensures that future buyers can now purchase these firearms in the federal system, one that includes background checks and other requirements, we expect the defendants will appeal,” Harding told the paper. “Nevertheless, we remain optimistic that the decision will be affirmed in due course.”
Payne’s ruling extensively cited the Supreme Court case, New York State Rifle and Pistol Association v. Bruen which struck down a New York state law that put strict limits on carrying guns outside the home, and required applicants for gun-carry permits to “demonstrate a special need for self-protection distinguishable from that of the general community.” Payne argued that the state failed to reference “any evidence of age-based restrictions on the purchase or sale of firearms from the colonial era, Founding or Early Republic.”
Gun-control advocates have insisted that the Constitution does permit laws curtailing access to firearms as a means of saving lives.
“Not only are guns the leading cause of death for U.S. kids and teens, but research shows us that 18- to 20-year-olds commit gun homicides at triple the rate of adults 21 years and older,” Janet Carter, a senior director at Everytown Law’s told Fox News Digital.
“The Court’s ruling will undoubtedly put lives at risk,” she added. “It must be reversed.”
Payne’s ruling would not affect state laws that impose age restrictions on gun purchases, but it could lead to additional rulings. The Department of Justice is expected to appeal the ruling.