RICHMOND, Virginia – A Federal District Court judge in Virginia has declared the federal prohibition of handguns being transferred to gun owners under 21 by federal firearms licensees (FFLs) unconstitutional.
The case, Fraser v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), was brought by four Virginia men between the ages of 18 and 20 who wanted to purchase handguns from a gun store. John “Corey” Fraser visited a local gun dealer in May of 2022 and attempted to buy a Glock 19x. Because federal law prohibits the transfer of a handgun to someone under the age of 21 through an FFL, Mr. Fraser was denied by the Virginia State Police background check. The other three men decided not to try to purchase handguns because of Fraser’s denial, but all insisted that they would if they could legally do so. Other than age, there are no disqualifying factors.
The men filed a federal lawsuit against the ATF a month later, claiming that the law violated the Second Amendment and the Due Process Clause of the Fifth Amendment. After an initial pre-trial conference last November, the Plaintiffs filed an amended complaint. The government then filed a motion to dismiss. A month later, in December of 2022, the men filed a motion for a summary judgment.
By John Crump