A conservative US court on Thursday (Jan 30) ruled that a federal law preventing licensed dealers from selling handguns to individuals aged 18 to 20 was "unconstitutional" and a violation of their rights.
'Right to bear arms'
The 5th US Circuit Court of Appeals declared that the 1968 Federal law preventing the sale of handguns to persons under 21 years was inconsistent with the US Constitution's Second Amendment. It said that the right to bear arms applies universally without explicit age restrictions.
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The ruling emphasised that the Second Amendment's text includes "the people," which the court interpreted as encompassing young adults aged 18 to 20.
"The operative clause of the Second Amendment states that 'the right of the people to keep and bear Arms, shall not be infringed'," said a three-judge appeals court panel.
Comparing this to other constitutional provisions, like the 25 years age requirement for US House members, the judges argued that the absence of such a limit in the Second Amendment signals no minimum age for gun ownership.
"There are no age or maturity restrictions in the plain text of the Amendment, as there are in other constitutional provisions".
"This suggests that the Second Amendment lacks a minimum age requirement," they said adding, "Ultimately, the text of the Second Amendment includes eighteen- to twenty-year-old individuals among 'the people' whose right to keep and bear arms is protected."
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Rights vs risks
The ruling comes in an appeal brought forward by three non-profit gun rights groups — the Firearms Policy Coalition, the Second Amendment Foundation and the Louisiana Shooting Club, along with several individuals aged 18 to 21.
Gun rights advocates have hailed the decision as a major victory for constitutional freedoms. Critics, however, voiced alarm over the potential dangers.
Everytown Law, a leading gun control group, slammed the ruling as "reckless and unfounded." Janet Carter, senior director at the organisation, warned that expanding access to firearms for younger adults could exacerbate gun violence.
"The law that prohibits dealers from selling handguns to those under twenty-one is both constitutional and crucial for public safety," she said, adding "Firearms are the leading cause of death for children and teens, and 18-to-20-year-olds commit gun homicides at triple the rate of adults 21 and over, according to FBI statistics".
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What is the current law for purchasing handguns in the US?
While Federal laws ban the purchase of handguns by young adults, they allow under-21s to purchase rifles and shotguns from licensed dealers. However, parents are allowed to buy the guns for their children. Additionally, Americans under the age of 21 can also purchase handguns themselves in private sales or at gun shows.
(With inputs from agencies)