“The operative clause of the Second Amendment states that ‘the right of the people to keep and bear arms shall not be infringed,’” the 5th Circuit said. “There are no age or maturity restrictions in the plain text of the Amendment, as there are in other constitutional provisions.”
After reexamining its precedent, a federal appeals court has ruled that a federal ban on handgun sales to youths ages 18 to 20 violates the Second Amendment.
The 5th U.S. Circuit Court of Appeals New Orleans said it 2012 decision upholding the ban was incorrect based on subsequent decisions by the U.S. Supreme Court. The appeals court ruled Jan. 30 in a panel opinion written by Judge Edith H. Jones, an appointee of former President Ronald Reagan.
The 5th Circuit said the handgun-sale ban is covered by the plain text of the Second Amendment, and the ban is inconsistent with the nation’s history and tradition.
By Debra Cassens Weiss