4th circuit decision

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  • w2kbr

    MSI EM, NRA LM, SAF, AAFG
    MDS Supporter
    Jan 13, 2009
    1,128
    Severn 21144
    A panel of the U.S. Court of Appeals for the Fourth Circuit, based in Richmond, Virginia, voted 2-1 to declare the law invalid. (re: 18 can't buy Firearms) "Our nation's most cherished constitutional rights vest no later than 18. And the Second Amendment's right to keep and bear arms is no different," the majority opinion said. (NBC reporting)

    ergo: as of signing, 18 year old can purchase firearms. Appeal most likely to follow. Ruling only applies to 5 states in Fourth......

    Research is needed here.. not good at that stuff
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,151
    Sun City West, AZ
    Watch for Chuck Schumer to race to a tv camera to announce his disgust with the decision and say it proves the need for a leftist judiciary (though maybe not in those words). He'll be closely followed by the rest of camera loving Dems and Biden himself will announce that's why increased gun control is needed...even if that has nothing to do with the 4th Circuit's decision. Jen Psaki will have her propaganda ready for tomorrow's press briefing.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    I'm pretty sick of the constant whining of gun violence violins. You'd think that an educated jurist would comprehend that inanimate objects are not capable of violent acts; you'd be wrong, of course. High level of education does not equate to high level of intellectual comprehension, apparently. However, it eases the slide into hypocrisy. Our information providers have long acted on the dictum that ******** baffles brains; the more brains, the less BS required.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Maryland is in the 4th Circuit and it does nothing for us with Maryland's similar law.

    Anyone know anyone under 21 that wants to purchase a handgun and can't because of Maryland's law??
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    Watch for Chuck Schumer to race to a tv camera to announce his disgust with the decision and say it proves the need for a leftist judiciary (though maybe not in those words). He'll be closely followed by the rest of camera loving Dems and Biden himself will announce that's why increased gun control is needed...even if that has nothing to do with the 4th Circuit's decision. Jen Psaki will have her propaganda ready for tomorrow's press briefing.

    Then in a month or two, watch for the left to talk about how 16 year olds really need the vote.
     

    KGB-SPY

    Member
    Sep 30, 2013
    77
    Pikesville, MD
    Federal appeals court strikes down law barring gun sales to people under 21

    The court found that the law, passed in 1968, was unconstitutional. The ruling applies only in five states.

    WASHINGTON — A federal appeals court ruled Tuesday that the federal law banning handgun sales by licensed dealers to anyone under 21 is unconstitutional.

    A panel of the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, voted 2-1 to declare the law invalid. "Our nation's most cherished constitutional rights vest no later than 18. And the Second Amendment's right to keep and bear arms is no different," the majority opinion said.

    The ruling applies only in the five states of the 4th Circuit — Virginia, Maryland, West Virginia and North and South Carolina. A separate federal law allows anyone over 18 to guy a long gun, such as a rifle or a shotgun.

    https://www.nbcnews.com/politics/politics-news/federal-appeals-court-strikes-down-law-barring-gun-sales-people-n1273884
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    Then in a month or two, watch for the left to talk about how 16 year olds really need the vote.


    Lets pick an age of majority and apply it uniformly. Whatever age your are allowed to die for your country, you should be allowed to vote, buy fire arms and have a beer too. Then let’s push for actually preparing our children for that transition as soon as they are born instead of treating them as incompetent toddlers until they are 25 and beyond.
     

    Boats

    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    Maryland is in the 4th Circuit and it does nothing for us with Maryland's similar law.

    Anyone know anyone under 21 that wants to purchase a handgun and can't because of Maryland's law??

    I'm puzzled as to why that is.

    I mean, the preemption clause applies, Maryland is in that circuit, soooooo the federal law. is unconstitutional but the state law somehow is ok?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    We seem to have bred and trained a large group of incompetent 20-something toddlers over the recent past. What to do about them, especially when they are being supported and encouraged in their behavior?

    There's a lot to be undone, before we can get back to forward progress.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,359
    SoMD / West PA
    Lets pick an age of majority and apply it uniformly. Whatever age your are allowed to die for your country, you should be allowed to vote, buy fire arms and have a beer too. Then let’s push for actually preparing our children for that transition as soon as they are born instead of treating them as incompetent toddlers until they are 25 and beyond.

    The 26th Amendment is very clear.

    If one can vote at 18, then they can do everything else at 18 also...

    As for the leeches and basement dwellers, let them get jobs!
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,359
    SoMD / West PA
    I'm puzzled as to why that is.

    I mean, the preemption clause applies, Maryland is in that circuit, soooooo the federal law. is unconstitutional but the state law somehow is ok?

    Maryland has to be sued for the law to be struck down.

    It does not happen automatically.
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    Today's WSJ. (read it online with your library card)

    A divided federal appeals court Tuesday held that the federal government may not bar federally licensed gun dealers from selling handguns to law-abiding citizens under 21 years old, potentially setting up the issue for the U.S. Supreme Court to decide.
    ...

    Judge Richardson said 18- to 20-year-olds are responsible for only a tiny percentage of gun violence, saying Congress lacked a compelling enough reason to infringe on their Second Amendment rights. He also noted most other constitutional rights aren't age limited and that militia laws enforced at the time the Constitution was ratified uniformly required those 18 and older to join and bring their own arms.
    ...

    The government is expected to appeal Tuesday's ruling.
     
    May 21, 2017
    2,870
    Gaithersburg, MD

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    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I'm puzzled as to why that is.

    I mean, the preemption clause applies, Maryland is in that circuit, soooooo the federal law. is unconstitutional but the state law somehow is ok?

    Preemption clause does NOT apply, under states rights, states are permitted to have laws that are more strict than the federal equivalent.
     

    Bigsawer

    Ultimate Member
    Dec 22, 2017
    4,508
    Cecil
    Maryland has to be sued for the law to be struck down.

    It does not happen automatically.
    I'm confused. When the 9th struck down the mag capacity laws (for a whole week), there was a mad dash to legally ship them in. Cali had no choice.

    Of course, MD would have to approve an HQL to someone younger. Gee, I thought MINE took forever.

    Edit: dblas, above, while I typed answers this
     

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