Cnn
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A conservative federal court of appeal said Thursday that a federal law prohibiting the sale of handguns to young people aged 18 to 20 was unconstitutional, which raises an important question about the scope of the second amendment following recent decisions of the major supreme court on firearms.
This is the last major decision against a restriction of age -based firearms and which comes when the Supreme Court was invited to assess the way in which the second amendment applies to older adolescents.
The new decision From the 5th Circuit Court of Apouals underlined the decision of the Historical Supreme Court known as By which has established a historical test To assess the constitutionality of firearms restrictions. He also examined the judicial challenge against the more recent decision by the Supreme Court which refined the By Test while confirming the federal restrictions on the possession of firearms for people accused of domestic violence.
“In the end, the text of the second amendment includes individuals from eighteen to two years among the people; whose right to keep and bear arms is protected, “said the 5th circuit decision, made by a panel of people named Republican. “The federal government has presented rare evidence that firearms from eighteen to two years in the founding era have been limited in a similar way to the prohibition of contemporary federal purchasing, and its evidence of the 19th century ”cannot provide much understanding in the sense of the second amendment when it contradicts previous evidence. »»
CNN contacted the Ministry of Justice to comment.
Courts of appeal, including the 5th circuit, in the past have confirmed the federal ban in question. But more recently, some The courts showed hostility Towards the prohibitions of firearms intended for 18 to 20 years. Many decisions against such limits, including the opinion of the 5th circuit rendered on Wednesday, cite the participation of older adolescents in the militias at the time of framing the second amendment.
Lois defenders argue that research shows that young adults are more likely to commit armed violence, and certain laws, such as a Florida measure which has passed the age of purchase of firearms at 21 years old , were adopted after large -scale fire by adolescents.
(A appellate group decision arguing that the law was wiped by the 11th Circuit Court of Appeals American, which could render a new decision on Florida law every day.)
The Supreme Court did not directly explain how to apply the protections of the second amendment to young adults in the light of its recent previous ones. Earlier this month, Minnesota State officials asked the High Court to re-examine a decision of the 8th circuit which canceled its limits to children aged 18 to 20, publicly carrying firearms.
Part of the disputes concerning the prohibition of federal purchase for 18 to 20 year olds has become mired in the procedural disputes which occurred when the person contesting the law was 21 years old. There was an audience on Wednesday in another important case contesting federal law in the 4th Circuit Court of Appeals.