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Showing posts with label 5th District Court of Appeals. Show all posts
Showing posts with label 5th District Court of Appeals. Show all posts

Friday, January 31, 2025

Federal Law Banning Handgun Sales 18- to 20-year-olds Is Unconstitutional


Since 18 year olds are adults by law, then they should have all rights that goes along with it. 18 year olds as adults has been around since the early 1970s.

An appeals court has ruled that the federal law banning handgun sales to 18 to 20 year olds is unconstitutional.

CNN reported:

CNN - A conservative federal appeals court said Thursday that a federal law banning the sale of handguns to 18- to 20-year-olds is unconstitutional, elevating a significant question about the Second Amendment’s reach in the wake of recent major Supreme Court rulings on gun rights.

It is the latest major ruling against an age-based firearm restriction and one that comes as the Supreme Court has been asked to weigh in on how the Second Amendment applies to older teens.

The new ruling from the 5th US Circuit Court of Appeals pointed to the landmark 2022 Supreme Court ruling known as Bruen that established a historical test for assessing the constitutionality of gun restrictions. It also reviewed the legal challenge against the more recent decision by the Supreme Court that refined the Bruen test while upholding federal restrictions on gun possession for people accused of domestic abuse.

To read more, go here.

Thursday, August 29, 2024

Court Upholds Gun Ban For Illegal Immigrants


A federal three-judge panel of the U.S. Court of Appeals ruled that a law banning possession of firearms by illegal immigrants is legal.

According to an article in Reuters:

Aug 28 (Reuters) - A U.S. appeals court upheld a federal law that bars migrants who are in the United States illegally from possessing guns, rejecting arguments by a Mexican man convicted of unlawfully having a handgun that the ban was unconstitutional.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals said on Tuesday, opens new tab that the ban was still valid even after recent U.S. Supreme Court rulings that have expanded gun rights by requiring firearms restrictions to be in keeping with the nation's history and tradition.

The panel said those Supreme Court rulings did not unequivocally undermine an earlier decision by the 5th Circuit holding that the plain text of the U.S. Constitution's Second Amendment does not encompass immigrants in the county illegally.

"We should not extend rights to illegal aliens any further than what the law requires," U.S. Circuit Judge James Ho, a conservative appointee of Republican former President Donald Trump, wrote in a concurring opinion.

I agree with this decision. In a nutshell, illegal migrants do not have the right to bear arms under the Second Amendment.

To read more, go here

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