National Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot

[RicInOR]

Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot

In July, in Hirschfeld v. ATF, a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that the right to keep and bear arms enshrined in the Second Amendment applies to 18-20 year olds. Observers expected the Fourth Circuit might rehear the case en banc. Instead the decision has been vacated as moot, as none of the plaintiffs are 18-to-20-years old anymore.

National - 4th Circuit - Hirschfeld v. ATF - 18yr -olds OK to Buy Handguns

The panel strikes down the federal statute that bans professional gun dealers from selling handguns to 18-to-20-year-olds. 4th Cir. Panel Affirms Second Amendment RIghts of 18-to-20-Year-Olds

www.northwestfirearms.com

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[gmerkt]

An army captain I used to work for had a theory. That was, if you leave something in your "in" basket long enough, it takes care of itself with the passage of time. That's what the court did with this one.

 

[Stomper]

Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot

In July, in Hirschfeld v. ATF, a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that the right to keep and bear arms enshrined in the Second Amendment applies to 18-20 year olds. Observers expected the Fourth Circuit might rehear the case en banc. Instead the decision has been vacated as moot, as none of the plaintiffs are 18-to-20-years old anymore.

National - 4th Circuit - Hirschfeld v. ATF - 18yr -olds OK to Buy Handguns

The panel strikes down the federal statute that bans professional gun dealers from selling handguns to 18-to-20-year-olds. 4th Cir. Panel Affirms Second Amendment RIghts of 18-to-20-Year-Olds

www.northwestfirearms.com

Typical cowardly move, run out the clock utilizing procedural weasel words and paperwork.

Never mind all the current 18-20 year olds, or the future generations of 18-20 year olds… not to mention any government restitution of the infringed rights of those at the time.



Justice is truly dead in this country.

 

[ma96782]

Nah....someone doesn't want 18 year old-adults to have all of their gun rights.
Start at 2:14.

WTF??

Aloha, Mark

 

[JustSomeGuy]

Nah....someone doesn't want 18 year old-adults to have all of their gun rights.
Start at 2:14.

WTF??

Aloha, Mark

I think Texas is playing the long game...

Texas appeals. It goes to the 5th circuit.
If the 5th circuit finds in favor of Texas, FPC appeals to the Supreme Court. If the 5th circuit rules for FPC, Texas appeals to the Supreme Court. In either instance, I suspect the Supreme Court would find that barring 18-21 year olds from carrying is unconstitutional. That's a win for everyone instead of just the residents of states in the 5th circuit.


Maybe...

 

[ma96782]

RE : Post #5
18-20 year olds and RIGHTS going 50 States wide.

Obviously (to ME anyway).......
Some laws needs to be expanded (50 States Wide). Like.......

Aloha, Mark

 

[bcp]

Justice is truly dead in this country.

They are courts of law, not courts of justice.



Bruce

 

[CamoDeafie]

They are courts of law, not courts of justice.



Bruce

Strange then that these "courts of law" are under Department of "Justice " and not Department of "Laws" that said, it's gonna be some interesting times ahead

Edit
Dammit Stomper

 

[Stomper]

Strange then that these "courts of law" are under Department of "Justice " and not Department of "Laws" that said, it's gonna be some interesting tines ahead

Interesting tines? We gonna whip out lawn and garden rakes now?

 

[Knobgoblin]

Interesting tines? We gonna whip out lawn and garden rakes now?

Fork off?

 

[Stomper]

Fork off?

View attachment 1284896

Fork you, spoon head!

 

[Alexx1401]

If they do not want them to own a gun I would be fine with that if they were NOT considered an adult. No military, no contracts, no vote. They either are an adult or they are not. If they did this there would be some screaming.

 

[Knobgoblin]

If they do not want them to own a gun I would be fine with that if they were NOT considered an adult. No military, no contracts, no vote. They either are an adult or they are not. If they did this there would be some screaming.

No taxes or social security contributions either.

And I still won't ever agree with stripping rights from young citizens.

 

[Knobgoblin]

Fork you, spoon head!

You know what those are?

Those are some wild tines , my man.

 

[CamoDeafie]

Militia Act 1792 specified an age range for members of Militias. 18-45. That's the issue here and why some Courts are saying restricting 18-20 yr old people from full 2A rights cannot be Constitutional under Bruen and under the Militia Act of 1792. Although it could be interesting to see one of the gun rights groups make the argument that since the Militia Act defined what arms and equipment a Militia member must have, at that time everything was the same as a standing Army's equipment, therefore the NFA, GCA1968 and Hughes Amendnent are all unconstitutional, because of that Act of 1792 and therefore to keep up with the times, a civilian of age for Selective Service or military service, must be allowed the access to the same level of equipment as the current military enjoys

 

[Stomper]

Militia Act 1792 specified an age range for members of Militias. 18-45. That's the issue here and why some Courts are saying restricting 18-20 yr old people from full 2A rights cannot be Constitutional under Bruen and under the Militia Act of 1792. Although it could be interesting to see one of the gun rights groups make the argument that since the Militia Act defined what arms and equipment a Militia member must have, at that time everything was the same as a standing Army's equipment, therefore the NFA, GCA1968 and Hughes Amendnent are all unconstitutional, because of that Act of 1792 and therefore to keep up with the times, a civilian of age for Selective Service or military service, must be allowed the access to the same level of equipment as the current military enjoys

I have been saying that for many, many years now.

 

[Member 3687]

Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot

I think Texas is playing the long game...

I feel the new Texas case is a ploy to get the supreme court to rule in the 18 to 20 year old's favor but the problem is unless you keep adding folks to the case by the time it gets to the supreme court, just like in the fourth circuit they will always be to old and the case will be Moot.

I do know the fifth circuit is more pro gun than most so a win there would be better than just a state win and the case could get there before the kids turn 21 as It takes 3 to 5 years or more to get to the upper court.

Or maybe I am wrong and this is the Texas AG's ploy to run the case up the ladder until the kids are all to old and no ruling is made and the case is Moot because he does not want the law to change and knows it would if the court hears it.

 

[JustSomeGuy]

I feel the new Texas case is a ploy to get the supreme court to rule in the 18 to 20 year old's favor but the problem is unless you keep adding folks to the case by the time it gets to the supreme court, just like in the fourth circuit they will always be to old and the case will be Moot.

I do know the fifth circuit is more pro gun than most so a win there would be better than just a state win and the case could get there before the kids turn 21 as It takes 3 to 5 years or more to get to the upper court.

Or maybe I am wrong and this is the Texas AG's ploy to run the case up the ladder until the kids are all to old and no ruling is made and the case is Moot because he does not want the law to change and knows it would if the court hears it.

Yup, it's all just speculation until someone involved directly with the case spills the beans...