Joe Biden, Chuck Schumer and Nancy Pelosi got some bad news from a judge.
Conservatives were pleasantly surprised.
Judge Julius Richardson delivered a majority opinion for the Fourth Circuit Court of Appeals striking down a ban on handguns for Americans under the age of 21.
In his opinion, Judge Richardson ruled that the Founding Fathers ratified the Second Amendment because an armed populace acted as a check on a tyrannical government.
“So while the individual right of self-defense was ‘the central component’ of the Second Amendment, the civic purpose ‘was codified’ based on the fear that a tyrannical government would eliminate the civically minded militia. Both reflected the pre-existing right of self-defense that the Founders valued as the core purpose of the state. ‘In the Founders’ world, individual self protection and community defense were not wholly separate spheres,’” Judge Richardson wrote.
Judge Richardson added that Secretary of War Henry Knox told Congress that while 16-year-olds were traditionally eligible for military service in America, it would be 18.
“Around the time the Second Amendment was ratified in 1791, Congress began debating invoking its power under the Militia Clauses to better organize the militias for federal use in emergencies. The effort was pushed by Secretary of War Henry Knox, who argued to Congress that while the ‘military age has generally commenced at sixteen,’ the age for the federal select militia should be set at 18 because ‘the youth of sixteen do not commonly attain such a degree of robust strength as to enable them to sustain without injury the hardships incident to the field,’” Judge Richardson stated.
Judge Richardson’s logic was easy to follow.
If 18-year-olds were eligible for military service and trusted to handle weapons of war, then 18-year-olds should be eligible to purchase handguns.
Judge Richardson argued the historical record was irrefutable and it’s not up to judges to second-guess.
“But while Congress—or judges—may have struck a different balance long after ratification, that role is foreclosed to us by the balance that the Founders chose. We cannot now second-guess or undermine their choice. History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” Judge Richardson added.
But judges are starting to step up and strike down gun control.
Recently a district court judge in California struck down the state’s so-called “assault weapons” ban.
The Supreme Court announced it would take up a major Second Amendment case next term to expand on the 2008 Heller decision that made owning a firearm a fundamental right.
The latest legal blow to the left’s gun control schemes is this decision out of the Fourth Circuit striking down laws disarming Americans aged 18 to 20 years old.
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