FPC 5th Circuit Win - 18-20 Handgun Ban Unconstitutional

[VTski4x4]

Some good news for today.

FPC WIN: Fifth Circuit Strikes Down Federal Age-Based Handgun Ban

Today, Firearms Policy Coalition (FPC) announced that the Fifth Circuit Court of Appeals has ruled that the federal government’s handgun ban for adults aged 18 to 20 years old is unconstitutional.

www.firearmspolicy.org

 

[Rockrivr1]

Some good news for today.

FPC WIN: Fifth Circuit Strikes Down Federal Age-Based Handgun Ban

Today, Firearms Policy Coalition (FPC) announced that the Fifth Circuit Court of Appeals has ruled that the federal government’s handgun ban for adults aged 18 to 20 years old is unconstitutional.

www.firearmspolicy.org

Gotta love those deep south courts.

 

[Garys]

It's a Texas federal court, not a deep south court.

The 5th Circuit is the most conservative in the US, actually.

Gotta love those deep south courts.

 

[T-Unit]

Again, another handgun based law struck down.

Seems those are the only ones the courts are willing to take action on. Semi-auto rifles and shotguns? Nope...

 

[KBCraig]

The 5th is a mixed bag on Qualified Immunity. There have been some rulings slamming the doctrine, but always with "our hands are tied" ruling.

 

[LittleCalm]

So an 18 year old can now buy a handgun in the 5th circuit?

 

[Garys]

I'm sure that there will be a petition for a stay until SCOTUS decides if it's going to grant cert.

So an 18 year old can now buy a handgun in the 5th circuit?

 

[Garys]

There aren't any magazine ban, long gun restrictions, or other liberal state stupidity in the 5CA. MS, LA, and TX have no stupid such laws, to no lawsuits can arise out of any part of the 5CA.

It's foolish to extrapolate what other Circuits or SCOTUS may decide based on what the 5CA does.

States that have those bans are in Circuits that are more liberal than the 5CA. Which is most of them. The 1CA which is most of New England is the most liberal, so cases there are likely to have to go to SCOTUS.

Again, another handgun based law struck down.

Seems those are the only ones the courts are willing to take action on. Semi-auto rifles and shotguns? Nope...

 

[LittleCalm]

I'm sure that there will be a petition for a stay until SCOTUS decides if it's going to grant cert.

And if stay is denied or cert is denied?

 

[T-Unit]

I'm sure that there will be a petition for a stay until SCOTUS decides if it's going to grant cert.

SCOTUS should just issue a per curium on this as Heller, McDonald, and Bruen are pretty clear.

 

[T-Unit]

There aren't any magazine ban, long gun restrictions, or other liberal state stupidity in the 5CA. MS, LA, and TX have no stupid such laws, to no lawsuits can arise out of any part of the 5CA.

It's foolish to extrapolate what other Circuits or SCOTUS may decide based on what the 5CA does.

States that have those bans are in Circuits that are more liberal than the 5CA. Which is most of them. The 1CA which is most of New England is the most liberal, so cases there are likely to have to go to SCOTUS.

SCOTUS has shown a pattern of dancing around 2A cases having focused largely on handgun cases out of DC, Chicago, and NY. I guess the court only views handguns as "bareable" arms? Rifles and shotguns aren't bareable so they aren't protected?

 

[Garys]

Yet, you were criticizing a 5CA case.

SCOTUS has shown a pattern of dancing around 2A cases having focused largely on handgun cases out of DC, Chicago, and NY. I guess the court only views handguns as "bareable" arms? Rifles and shotguns aren't bareable so they aren't protected?

 

[Garys]

Then it remains the law within the 5CA only. If one or more than one other Circuit decide differently, then SCOTUS may want to take the case because a split exists between circuits.

As the people who follow this much more closely than do I say, a case or issue has to be "ripe" before SCOTUS will take it up.

And if stay is denied or cert is denied?

 

[LittleCalm]

Then it remains the law within the 5CA only. If one or more than one other Circuit decide differently, then SCOTUS may want to take the case because a split exists between circuits.

As the people who follow this much more closely than do I say, a case or issue has to be "ripe" before SCOTUS will take it up.

Thx. I understand all that. I was asking more about the mechanics. Perhaps under Trump the ATF will process 4473’s for 18 YO handgun purchases, at least coming from 5th circuit states but outside 5th would it process them anyway if a state didn’t object?

 

[PappyM3]

Then it remains the law within the 5CA only. If one or more than one other Circuit decide differently, then SCOTUS may want to take the case because a split exists between circuits.

As the people who follow this much more closely than do I say, a case or issue has to be "ripe" before SCOTUS will take it up.

It’s 5th circuit, but they ruled on a Federal law, not state. So it should apply nationwide… unless it is stayed pending SCOTUS cert decision.

Or am I just taking crazy pills? Because it was a circuit ruling that stopped the pistol brace ban nationally.

 

[LittleCalm]

It’s 5th circuit, but they ruled on a Federal law, not state. So it should apply nationwide… unless it is stayed pending SCOTUS cert decision.

Or am I just taking crazy pills? Because it was a circuit ruling that stopped the pistol brace ban nationally.

Thx. Was what I was thinking but ultimately curious as to how ATF approaches the issue and what happens in states that say you have to be 21. I think a person would have to litigate in those states because the state presumably wouldn’t allow dealers to sell to you even if ATF stands down nationwide.

 

[El_Guapo77]

your legally and adult at 18 Id love to see how it would play out around here and how many people would lose their minds over it

 

[Dennis in MA]

Great news. Unfortunately, I'm not in the 5th circuit and 18, 19 and 20 were a long long time ago. LOL

But I'm glad that this happened.

 

[T-Unit]

your legally and adult at 18 Id love to see how it would play out around here and how many people would lose their minds over it

18 year old High School student on Tik Tok flashing his piece before he walks in to take his SAT's off campus. LOL, the leftist's heads would explode.

 

[sbhaven]

Some Democrats: "The mind isn't fully formed at 18, 19, or 20 so you shouldn't be allowed to possess a gun at that age."
Also so Democrats: "Voting age should be lowered to 16."

 

[CMEBoston]

Some Democrats: "The mind isn't fully formed at 18, 19, or 20 so you shouldn't be allowed to possess a gun at that age."
Also so Democrats: "Voting age should be lowered to 16."

Because

"The mind isn't fully formed at 18”