Two Under-21 Men Sue Federal Government for Handgun Rights

[Elderberry]

Guns.com 11/10/2020

 A lawsuit challenging the federal ban on the sale of handguns and handgun ammunition to adults under 21 years of age was filed in federal court last week.

The plaintiffs are two Louisiana men, Caleb Reese and Joseph Granich, who are adults and legally able to buy rifles and shotguns but want to legally purchase handguns, which are prohibited to them under federal law as they are not yet 21 years old. The men are members of the Firearms Policy Coalition, Second Amendment Foundation, and the Louisiana Shooting Association-- gun rights organizations that have joined them in the suit against the federal government as co-plaintiffs.

"While both of these young men were able to vote in the recent national elections, and they can pursue other activities as legal adults, they are prevented by law from purchasing and using handguns,” said SAF founder, Alan Gottlieb. "They can join the military and defend the nation, possibly at the risk of losing their lives. They can enter into contracts, start businesses, get married, and even run for office. Preventing them from legally purchasing and owning handguns seems rather silly, and we believe their rights as adult citizens are being violated."

Named as defendants in the lawsuit are the Bureau of Alcohol, Tobacco, Firearms and Explosives and the agency's Acting Director Regina Lombardo, as well as U.S. Attorney General William Barr, in their official capacities. The plaintiffs argue the Second Amendment doesn't come with age restrictions between rifle and pistol ownership. 

More: https://www.guns.com/news/2020/11/09/two-under-21-men-sue-federal-government-for-handgun-rights

[Elderberry]

Charlottesville Lawyer Challenges Ban on Handgun Sales to People 18-20

Radio WVTF by Sandy Hausman 11/9/2020

https://www.wvtf.org/post/charlottesville-lawyer-challenges-ban-handgun-sales-people-18-20#stream/0

Two young adults from Virginia are challenging the law that prevents them from buying handguns through federally-licensed dealers.  Sandy Hausman reports on the case now before the Fourth Circuit Court of Appeals.

Natalia Marshall had not yet turned 21 when she got involved with a violent boyfriend.

“Her mom got a protective order against him because he was abusive," Marshall's lawyer explains.  "He violated that.  He was found with guns and drugs, didn’t show up to court.”

Attorney Elliott Harding said Marshall comes from a hunting family, is trained to use firearms and felt she needed a handgun.

“She works on a rural horse farm in the area, is alone a lot, and she wanted to go buy a new handgun for defense, and she can’t do it.”

That’s because federal law bars anyone under 21 from buying from a licensed dealer.

More at link.

[txradioguy]

IIRC most of the Constitutional Carry states have eliminated the 21 year old age limit.

I know they did in Idaho.  You jsut have to be 18 to buy a pistol, rifle or shotgun.

[Elderberry]

IIRC most of the Constitutional Carry states have eliminated the 21 year old age limit.

I know they did in Idaho.  You jsut have to be 18 to buy a pistol, rifle or shotgun.

They may be able to purchase a handgun from an individual, but if they are purchasing from a FFL, then Federal law applies for purchase. 21 for handguns.

[txradioguy]

They may be able to purchase a handgun from an individual, but if they are purchasing from a FFL, then Federal law applies for purchase. 21 for handguns.

Their law doesn't read like that.  I'll link to it then defer to your wealth of knowledge on the subject.

It is unlawful to directly or indirectly sell to any minor under the age of eighteen years any weapon without the written consent of the parent or guardian of the minor.

https://www.idaho.gov/laws-public-safety/gun-weapon-law/

[Elderberry]

Yes. Idaho Law is State Law.

People are also constrained by Federal Law.

https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

Most Frequently Asked Firearms Questions and Answers

7.What age must a person be to purchase a firearm from an FFL?  Do those requirements apply when purchasing from other non-licensees?

It is unlawful for any Federal firearms licensee (FFL) to sell or deliver any firearm or ammunition to anyone he knows or has reasonable cause to believe is less than eighteen years of age.  It is unlawful for an FFL to sell or deliver a firearm other than a rifle or shotgun or ammunition for a firearm other than a rifle or shotgun to any individual who he knows or has reasonable cause to believe is less than 21 years of age.  See 18 U.S.C. § 922(b)(1).

However, an unlicensed individual may sell or transfer any firearm to an individual over the age of 18 who resides in the same State, provided that he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. 

[txradioguy]

Yes. Idaho Law is State Law.

People are also constrained by Federal Law.

https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

I guess where I was getting hung up on was the fact that the state law in question doesn't differentiate between a private sale and buying one at a gun store.  I can see where it would set up a court case between the state and federal laws.


ETA: Personally I hope the two people suing win their case.

[Elderberry]

@txradioguy

It now appears to me that the Federal Law Only constrains the Seller and Not the Buyer and/or Possessor.

https://www.atf.gov/questions-and-answers/qa/may-individual-between-ages-18-and-21-years-age-acquire-handgun-unlicensed

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same state?

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.