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U.S. appeals court erases ruling allowing gun sales to people under 21 By Reuters

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© Reuters. FILEPHOTO: After a New York City Police Department (NYPD) gun-buyback event was held in Queens Borough, New York City, U.S.A, on June 12, 2021, guns are shown. REUTERS/Eduardo Munoz

By Jonathan Stempel

(Reuters) – A U.S. appeals court on Wednesday threw out its recent decision that a federal prohibition on firearms dealers selling guns to young adults under 21 was unconstitutional, deciding the case was now moot because both plaintiffs have reached that age.

A Richmond-based panel from the 4th U.S. Circuit Court of Appeals, which is located in Richmond, Virginia issued the 2-1 ruling by Circuit Judge Julius Richardson on July 13. Richardson stated that it was in the public’s best interest to overturn the ruling, opening the door for more litigation.

Richardson stated that the exchange of ideas between panel members and those who disagree with them will be a source of persuasive information. This will also benefit the legal and public communities.

Handguns are not allowed to be sold to anyone under the age of 18.

The majority of the panel ruled that anyone as young as 18 can own guns as long as they are protected by the Second Amendment to the U.S. Constitution. This guarantee gives them the right to keep and bear firearms.

The panel also stated that young people cannot be reduced to “second-class” status, despite the “weighty interests in reducing violence and crime.”

Before the court made its decision, one of the plaintiffs turned 21. The second was 21 on the 25th. They had tried unsuccessfully, while they were still young, to purchase firearms in Virginia.

Elliott Harding, Elliott’s lawyer sent an email saying that these young people were disappointed by the inability to access fundamental liberties due to their youth and the length of the litigation.

The administration of President Joe Biden had last month asked all four circuits to review the decision. This request has been withdrawn.

Judge James Wynn who strongly opposed the original decision stated on Wednesday that the invalidated ruling had “no legal significance” and it’s persuasive value was “no more than what newspaper editorials can offer.”

In a separate case, the U.S. Supreme Court has been scheduled to hear arguments Nov. 3. It will examine the constitutionality and limitations on gun carrying outside of the home.

The court is likely to make a decision by June. It could be the court’s second major Second Amendment case since 2010.

The case is Hirschfeld et al v Bureau of Alcohol, Firearms, Tobacco & Explosives et al, 4th U.S. Circuit Court of Appeals No. 19-2250.

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