Liberals across America are going spastic. California’s historically ultra-liberal 4th Circuit Court of Appeals just voted 2-1 in favor of guns. More specifically, Second Amendment rights which guarantee any 18-year-old American citizen the right to purchase and bear arms.
4th Circuit decides
A three judge panel of the 4th Circuit Court of Appeals just ruled that “denying full Second Amendment rights to Americans aged 18 to 20 years old is patently unconstitutional.” It’s an undisputed fact that our nation’s “most cherished constitutional rights vest no later than 18.”
Gun grabbing liberals who want deplorable White nationalists disarmed at any cost can’t accept the proposition that “people who are old enough to vote and serve in the military” can ever “be trusted with the awesome responsibility that is handgun ownership.”
The 4th Circuit shot that argument full of holes. Judge Julius Richardson wrote up the decision for the majority.
He began by rhetorically asking, 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. 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 conservative Plaintiffs wanted an injunction and a declaratory judgment. Several federal laws and regulations currently on the books “prevent federally licensed gun dealers from selling handguns to any 18-, 19-, or 20-year-old” citizens. That, they argue, violates the Second Amendment. The 4th Circuit agreed.
“We first find that 18-year-olds possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons.” It goes even farther than that.
Justify the infringement
The Circuit Court asked themselves “whether the government has met its burden to justify its infringement of those rights under the appropriate level of scrutiny.” The answer is no. “To justify this restriction, Congress used disproportionate crime rates to craft overinclusive laws that restrict the rights of overwhelmingly law-abiding citizens.”
That’s a no-no. In doing so, “Congress focused on purchases from licensed dealers without establishing those dealers as the source of the guns 18- to 20-year-olds use to commit crimes.” That means they didn’t have a leg to stand on.
It didn’t take long for the Circuit judges to decide that “the challenged federal laws and regulations are unconstitutional under the Second Amendment.” They don’t care if it’s for a good purpose.
“Despite the weighty interest in reducing crime and violence, we refuse to relegate either the Second Amendment or 18- to 20-year-olds to a second-class status.”
Along with Judge Richardson, appointed by Once and Future President Donald Trump, G. Steven Agee who was appointed by George W. Bush agreed with the plaintiff. Liberal Clinton appointee Judge James A. Wynn sat in a corner and sulked.
Basically, the 4th Circuit confirmed that “Congress may not restrict the rights of an entire group of law-abiding adults because a minuscule portion of that group commits a disproportionate amount of gun violence.” Liberals are sending Play-Doh stock through the roof.