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A federal judge on Friday struck down the Biden administration’s effort to ban adults between the ages of 18 and 20 from buying handguns.
Judge Thomas Kleeh, an appointee of former President Donald Trump and Chief Judge of the United States District Court for the Northern District of West Virginia, ruled in the case of Steven Robert Brown and Benjamin Weekley, who were banned from buying guns under the administration’s edict, according to Breitbart.
The ruling said that “Plaintiffs’ conduct — the purchase of handguns — ‘fall[s] [within] the Second Amendment’s ‘unqualified command’ and the challenged statutes and regulations are not ‘consistent with the Nation’s historic tradition of firearm regulation,’” and that a rule barring Brown and Weekley from buying handguns was “facially unconstitutional and as applied to Plaintiffs.”
The decision relied heavily on the standard set by the 2022 U.S. Supreme Court decision in New York State Rifle and Pistol Association Inc. vs. Bruen that required any gun control law to have its roots in the historical tradition of firearms regulation.
Kleeh noted that under Bruen, ‘‘To justify its regulation, the government may not simply posit that the regulation promotes an important interest.”
He added that ‘‘the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”
The judge rejected the federal government’s argument that the parents of the two plaintiffs could buy guns for them to use.
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