Laws barring 18- to 20-year-olds from purchasing handguns unconstitutional, judge rules

Update:

• A Virginia federal judge has ruled a set of federal laws prohibiting 18- to 20-year-olds from purchasing handguns from federally licensed firearms dealers is unconstitutional.
• On May 11, U.S. District Judge Robert E. Payne granted summary judgment to the named plaintiffs, all between the ages of 18 and 20, in a proposed class action lawsuit against the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
• In a 71-page opinion, Judge Payne wrote the challenge “cannot stand” in light of the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen.
• He found 18- to 20-year-olds are included in the Second Amendment within “the people.”
• Judge Payne also rejected the government’s argument that the country’s founders intended the age of 21 years to be the standard for gun ownership.
  

Gun purchase class action lawsuit overview: 

• Who: John Corey Fraser filed a class action lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives, its acting director Marvin Richardson and U.S. Attorney General Merrick Garland. 
• Why: Fraser claims the federal government violates the Second and Fifth Amendment of the U.S. Constitution by prohibiting individuals under the age of 21 from purchasing a handgun from a federally licensed firearms dealer. 
• Where: The class action lawsuit was filed in Virginia federal court. 

(June 3, 2022)

The United States is wrong to prohibit law-abiding citizens under the age of 21 from purchasing handguns from federally licensed firearms dealers, a new class action lawsuit alleges. 

Plaintiff John Corey Fraser, a 20-year-old college student, claims the federal government violates the Second and Fifth amendments to the Constitution of the United States by prohibiting handgun sales to legal adults. 

“This blanket ban violates the fundamental rights of millions of responsible, law-abiding American citizens,” the gun class action states. 

Handgun ban ‘irrational,’ according to class action

Fraser argues the federal government’s handgun ban is “not only irrational, it does not survive the heightened scrutiny applicable in the matter.” 

“At eighteen years of age, law-abiding citizens in this country are adults for effectively all purposes and certainly for the exercise of fundamental constitutional rights,” the gun class action states. 

Fraser says he was turned down when attempting to purchase a Glock 19x handgun from a sporting goods store in Ashland, Virginia, that is federally licensed to sell firearms. 

“He has not purchased a handgun to date because federal law prohibits an (federal firearms license) from selling a handgun to him on account of his age,” the gun class action states.  

Fraser takes issue with the Gun Control Act of 1968, which he argues works to “significantly discourage and eliminate the private acquisition and ownership of firearms for lawful purposes by certain law-abiding citizens.” 

Fraser wants to represent a nationwide class of natural U.S. citizens who are at least 18 but younger than 21 who do not have any outlying reasons disqualifying them from obtaining a gun, such as a felony conviction, but are unable to legally purchase a handgun. 

Plaintiff requests injunctive and declaratory relief along with actual, compensatory or nominal damages for himself and all class members. 

In April, a law enforcement officer in Missouri filed a class action lawsuit claiming the company conceals that its model P320 handgun lacks safety features. 

Have you been prohibited from purchasing a handgun from a federally licensed firearms dealer on account of your age? Let us know in the comments. 

The plaintiff is represented by Elliot M. Harding of Harding Counsel PLLC. 

The Gun Purchase Class Action Lawsuit is Fraser v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., Case No. 3:22-cv-00410, in the U.S. District Court for the Northern District of California.

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