The U.S. Court of Appeals for the Fourth Circuit ruled on Tuesday that a 1968 federal law setting a minimum age of 21 to purchase firearms is unconstitutional.
The Majority Opinion by Judge Julius Richardson discussed the absurdity of placing an arbitrary age on a right protected in the Constitution.
“When do constitutional rights vest? At 18 or 21? 16 or 25? Why not 13 or 33? In the law, a line must sometimes be drawn. But there must be a reason why constitutional rights cannot be enjoyed until a certain age,” Richardson wrote. “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.”
He later added, “while the individual right of self-defense was ‘the central component’ of the Second Amendment, the civic purpose ‘was codified’ based on the fear that a tyrannical government would eliminate the civically minded militia. Id. at 597–99. Both reflected the pre-existing right of self-defense that the Founders valued as the core purpose of the state. ‘In the Founders’ world, individual self-protection and community defense were not wholly separate spheres.’”
Richardson noted, “Every militia law near the time of ratification required 18-year-olds to be part of the militia and bring their own arms.”
Richardson added that the government “cannot now second-guess” the decision to allow 18 to 20-year-olds to possess Second Amendment rights.
“But while Congress—or judges—may have struck a different balance long after ratification, that role is foreclosed to us by the balance that the Founders chose. We cannot now second-guess or undermine their choice,” Richardson wrote. “History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections. Those over 18 were universally required to be part of the militia near the ratification, proving that they were considered part of ‘the people’ who enjoyed Second Amendment rights, and most other constitutional rights apply to this age group.”
