Institute for Legal, Legislative and Educational Action
On July 13, 2021, an appeals court in Virginia ruled that a federal law banning licensed firearms dealers from selling handguns to young adults between ages 18 and 21 is unconstitutional. In a 2-1 opinion, the 4th U.S. Circuit Court of Appeals overturned a lower court ruling upholding the law, which had been in place since its passage under President Lyndon B. Johnson in 1968.
“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,” Judge Julius N. Richardson declared. “But there must be a reason why constitutional rights cannot be enjoyed until a certain age. 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 reversal was initiated by two University of Virginia students filing a lawsuit as co-plaintiffs, one of whom was seeking a means of protecting herself from an abusive ex-boyfriend. Although the Gun Control Act of 1968 prevented licensed firearms dealers from selling handguns to young adults, it still allowed for the private sale of handguns to 18- to 21-year-olds.
Initially, your thought may be, so what? If you can’t buy a gun from a store, do so legally through a private party. That was my first thought too. But after putting myself in the mind frame of a young college student, my opinion shifted.
Virginia Age Restriction: Put Yourself in Her Shoes
Imagine being a 20-year-old girl in college three states away from your parents. Also imagine you’ve noticed someone suspicious hanging around the neighborhood where you rent a house off-campus. You’ve seen this person making frequent trips past your house and have reported it to police, but there’s nothing they can do. Now you want a way to defend yourself.
Now consider what risks you’d run if you were to purchase on your own through a private party. Going by yourself is out of the question so you have to ask a friend to go along. Even if you know your way around a handgun do you know enough to keep yourself from getting ripped off? (Consider the price of the firearm, is it mechanically sound and carry appropriate.) Is the person you are buying from knowledgeable enough to answer all of your questions?
But take that same scenario of being a young female college student and insert the ability to purchase a handgun at an FFL dealer. It makes the whole process less daunting, safer and is more likely to result in getting the handgun when you need it.
Every Second Amendment Win Counts
There are undoubtedly thousands of real-life situations — different from but similar to this scenario — that will be made easier because of the ability of 18- to 21-year-olds to purchase through an FFL dealer. The 4th U.S. Circuit Court of Appeals’ ruling could have a nationwide impact. Although an appeal of this decision is likely, every Second Amendment win needs to be paid attention to, lobbied for and celebrated. Make sure this isn’t a short-lived victory: Stay engaged and lift the voices of those fighting for our liberties and God-given rights.
https://www.usconcealedcarry.com/blog/virginia-handgun-age-restriction/