Here’s some news that had me reaching for a celebratory gin:
The DOJ announced it has concluded that the federal ban on handgun sales to 18- through 20-year-olds is unconstitutional and cannot be enforced.
I’ve talked about the age issue before. If kids are assumed to be majors at age 18 and entitled to vote (I’m still somewhat unsure of the wisdom of the 26th Amendment, by the way), get married without parental consent, sign contracts and all that, then gun ownership should definitely be included in those freedoms (along with the responsibilities, a discussion for another time).
What I like most about this latest announcement from the DoJ is that they haven’t waited for lawsuits to pitchfork them into doing the right thing, but rather have done their own homework before prosecuting such cases — as any decent government department should.
The Office of Legal Counsel determined that 18 to 20-year-olds are among “the people” protected by the Second Amendment. “Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” said Assistant Attorney General T. Elliot Gaiser for the Department of Justice’s Office of Legal Counsel. “The Constitution protects the people’s right to keep and bear arms. The Department of Justice may not constitutionally seek to impose criminal penalties on dealers who sell handguns to law-abiding adults who, in nearly every other relevant respect, are members of the political community.”
Of course, the Nanny States all have age restrictions on gun ownership by “juveniles”, but up until now they’ve been able to take cover behind the federal ban. But that just means that Our Heroes at the Second Amendment Foundation — y’all are SAF members, right? — can proceed with litigation against those states, using the DoJ’s findings as supporting material.
All in all, good news.
