![Credit: Lutsenko Oleksandr/Adobe Stock](http://images.law.com/contrib/content/uploads/sites/392/2023/05/AdobeStock_297594082-767x633.jpg)
What to Know About Judge's Ruling on Age Limit for Young Gun Buyers
A U.S. judge's ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the…
May 14, 2023 at 11:02 AM
6 minute read
A U.S. judge's ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the latest example of how a landmark Supreme Court decision is transforming the legal landscape around firearms.
The ruling issued Wednesday by a federal judge in Virginia is just the beginning of what's likely to be a lengthy court battle over rules aimed at making it harder for 18- to 20-year-olds to get handguns.
The judge's ruling won't go into effect until he issues a final order that would bar the government from enforcing the age limit. The Justice Department didn't immediately comment on the ruling but is likely to appeal and could ask for the final order to be put on hold while it does.
The judge cited the Supreme Court's June decision in a case called Bruen, which changed the test that courts had long used to evaluate gun laws. The ruling has opened the door to a wave of challenges from gun-rights activists and created turmoil in the courts as judges wrestle over what gun restrictions can remain on the books.
Here's a look at the Virginia's judge's ruling, the impact of the Supreme Court's Bruen decision and what's next:
WHAT DID THE SUPREME COURT'S BRUEN DECISION DO?
In its Bruen decision, the Supreme Court struck down a New York gun law and ruled that Americans have a right to carry firearms in public for self-defense. The majority opinion authored by Justice Clarence Thomas also set new standards for courts to weigh challenges to firearm restrictions.
Before the ruling, courts generally took a two-step approach when examining gun restrictions, first looking at the constitutional text and history to see whether a regulation comes under the Second Amendment and then, if it does, looking at the government's justification for the restriction.
Thomas said the old standard was wrong and said courts should no longer consider whether the law serves public interests, like enhancing public safety. Governments that want to uphold a gun restriction must point to similar restrictions from history to show that the law is consistent with the country's "historical tradition of firearm regulation," the Supreme Court said.
WHAT HAPPENED IN THE VIRGINIA CASE?
U.S. District Court Judge Robert Payne in Richmond said the government failed to prove that restrictions on the purchase of firearms by 18- to 20-year-olds is "part of our Nation's history and tradition." The former President George H.W. Bush-appointee said the government didn't present any evidence of such restrictions "from the colonial era, Founding or Early Republic."
The lack of similar regulations from those time periods indicates that the "Founders considered age-based regulations on the purchase of firearms to circumscribe the right to keep and bear arms confirmed by the Second Amendment," he wrote.
The case was brought by 20-year-old John Corey Fraser and other young adults who want to buy handguns from a licensed federal firearms dealer. Fraser's lawyer, Elliott Harding, noted that 18- to 20-year-olds can already buy handguns from private sellers, a process that is "completely unregulated."
The case is challenging the constitutionality of the Gun Control Act of 1968 and the associated regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Gun control groups had urged the court to uphold the age restrictions, arguing they are constitutional even under the Supreme Court's Bruen ruling. They say Payne's ruling will put lives at risk, pointing to scientific literature that shows the brain continues to develop in the early 20s and that 18- to 20-year-olds are more impulsive than older adults.
"There is a long, established historical pedigree for recognizing the risk posed by certain subsets of armed individuals," The Giffords Law Center to Prevent Gun Violence and another gun control group, Brady, wrote in court filings. "Likewise, Congress has identified that armed 18-to-20-year-olds pose a greater risk to the community than does the rest of the population and accordingly has restricted 18-to-20-year-olds' ability to purchase handguns."
WHAT OTHER LAWS ARE BEING CHALLENGED POST-BRUEN?
Gun-rights activists have been waging court battles across the U.S. over things such as bans on the sale of on AR-15-style rifles and high-capacity magazines and possession of so-called "ghost guns" that can be nearly impossible for law enforcement officials to trace.
In some cases, judges looking at the same laws and same historical record have come down on different sides on whether they are constitutional under the Supreme Court's Bruen test. Several judges, for example, have upheld a federal law banning people under indictment for felonies from buying guns, while others have declared it unconstitutional.
A federal judge recently cited the high court decision in ruling against a Minnesota law prohibiting 18- to 20-year-olds from getting permits to carry handguns in public. A judge struck down a similar law last year on gun restrictions for young adults in Texas. The U.S. Court of Appeals for the Eleventh Circuit in March, however, upheld a Florida law passed after the mass shooting at Parkland's Marjory Stoneman Douglas High School that raised the legal age to buy a gun from 18 to 21.
Some judges have expressed frustration with the Bruen test and questioned whether judges are suited to be analyzing history. In his decision, Payne used a footnote to lament what he sees as the challenges with the test, saying "this court is staffed by lawyers who are neither trained nor experienced in making the nuanced historical analyses called for by Bruen."
"There is a reason that historians attend years of demanding schooling and that their scholarship undergoes a rigorous peer-review process before publication," he wrote.
The Supreme Court could soon decide whether to grant an emergency request to block an Illinois law signed in January that bans the sale of so-called assault weapons and high-capacity magazines. Challengers of the law appealed to the high court after a federal judge in Chicago in February found the law to be constitutional under the Bruen test, and an appeals court also refused to put the law on hold.
The Justice Department also appealed to the Supreme Court after the New Orleans-based 5th U.S. Circuit Court of Appeals in February — citing the Bruen decision — struck down a federal law prohibiting people who have domestic violence restraining orders against them from possessing guns. Justice Department lawyers said their petition to the high court that the law "fits squarely within the longstanding tradition of disarming dangerous individuals." The court has not yet said whether it will take up the case.
Other restrictions that judges have found to be unconstitutional in recent months include a federal law prohibiting people who use marijuana from owning firearms and a federal ban on possessing a gun with its serial number removed.
Alanna Durkin Richer and Denise Lavoie report for the Associated Press. AP reporters Jessica Gresko and Lindsay Whitehurst in Washington, D.C., contributed to this report.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/28/90/106b497d4c2abf86218e4414ada2/attorney-fees-767x633.jpg)
Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
4 minute read![US Judge Cannon Blocks DOJ From Releasing Final Report in Trump Documents Probe US Judge Cannon Blocks DOJ From Releasing Final Report in Trump Documents Probe](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/398/2024/10/Trump-Cannon-767x633.jpg)
US Judge Cannon Blocks DOJ From Releasing Final Report in Trump Documents Probe
3 minute read![New Trouble for Allstate: National Class Action Targets Insurer New Trouble for Allstate: National Class Action Targets Insurer](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/98/ca/4dd6a947421bbc9c53aad7b8dd51/allstate-insurance-2-767x633.jpg)
![Read the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions Read the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/nationallawjournal/contrib/content/uploads/sites/398/2024/07/Trump-Smith-767x633-1.jpg)
Read the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute readTrending Stories
- 1Recent Controversial Decision and Insurance Law May Mitigate Exposure for Companies Subject to False Claims Act Lawsuits
- 2Visa Revocation and Removal: Can the New Administration Remove Foreign Nationals for Past Advocacy?
- 3Your Communications Are Not Secure! What Legal Professionals Need to Know
- 4Legal Leaders Need To Create A High-Trust Culture
- 5There's a New Chief Judge in Town: Meet the Top Miami Jurist
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250