In a significant decision, Judge Thomas Kleeh from the U.S. District Court in West Virginia overturned a ban on handgun sales to young adults aged 18 to 20. He labeled the ban as “facially unconstitutional,” not aligning with the nation’s history of gun laws.

This 40-page judgment reflects a pivotal moment in the gun control debate, particularly regarding the rights of young adults under the Second Amendment.

The case, brought by the Second Amendment Foundation and the West Virginia Citizens Defense League, took on the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Attorney General Merrick Garland.

Judge Kleeh’s ruling was heavily influenced by the 2022 New York State Rifle & Pistol Assoc., Inc. v Bruen case, which overturned a New York gun control law, reshaping the interpretation and application of gun rights.

Judge Kleeh’s decision hinged on the lack of historical evidence for age-based firearm bans.

He stated, “Defendants have not presented any evidence of age-based restrictions on the purchase or sale of firearms from before or at the founding or during the early republic. Defendants have likewise failed to offer evidence of similar regulation between then and 1791 or in a relevant timeframe thereafter. For that reason alone, defendants have failed to meet the burden imposed by Bruen.”

The judge also critiqued the use of “means-end scrutiny” in justifying the gun control law.

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This method, commonly used in court, examines if a government’s action is justified by the intended protection it offers.

However, Judge Kleeh emphasized that this cannot override constitutional rights for the sake of public safety.

He reinforced the idea that any regulation must be in line with the country’s historical approach to firearm regulation, as stated in the Bruen case.

A key point in the judge’s decision was affirming that 18-to-20-year-olds have the same Second Amendment rights as other adults.

He declared, “18-to-20-year-old law-abiding citizens are part of ‘the people’ whom the Second Amendment protects.”

In conclusion, Judge Kleeh’s ruling not only stands up for the rights of young adults but also places the Second Amendment within its historical and constitutional framework, reminding us of the foundational principles of American law.

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