The decision of the US 5th Regional Court of Appeal based in New Orleans is the first time that a federal Court of Appeal considers that the ban has violated the right to gun ownership.
Unconstitutional it ruled the ban on decades of US government in federal authorized firearms selling weapons to adults under 21, US Court of Appeal, citing recent US Supreme Court rulings.
The decision of the 5th US Regional Court of Appeal based in New Orleans is the first time that federal Court of Appeal considers that the prohibition violated the right to gun ownership in the second amendment to the US Constitution.
The Court of Appeal had previously ratified the same ban in 2012. But this was done before the US Supreme Court with a majority of 6-3 to issue a landmark ruling in 2022 establishing a new test for the evaluation of modern firearms legislation.
In the New York State Rifle & Pistol Association against Bruen, the Supreme Court ruled that modern restrictions on gun possession were required to be “consistent with the historical tradition of this nation in regulating firearms”.
The federal ban on sales in people under 21 was approved for the first time by Congress in 1968 as part of the Omnibus law on crime control and safe roads.
A group of people between the ages of 18 and 20, along with groups of arms rights, the Firearms Policy Coalition and the second amendment instituted the ban in 2020 and appealed against the ruling of a lower court on ratification of statutes.
US Judge Edith Jones, writing about the Thursday’s three judges, said the decision was incorrect, as the statutes were “unconstitutional in the light of our nation’s historical tradition of regulating firearms”.
The US Ministry of Justice during the term of democratic former President Joe Biden had defended the ban. However, Jones said that she had produced “few” evidence that adults aged 18 to 20 years were limited in a similar way during the establishment of the nation in 1700.
“Finally, the second amendment text includes people aged eighteen to twenty years between the” people “whose right to hold and carry weapons is protected,” Jones wrote, which, like the other members of the committee, was appointed by a Republican president. .
Brandon Kobs, president of the Coalition of Political Firearms, described the decision as a victory against “an immoral and unconstitutional ban on age -based arms”.
The Ministry of Justice did not respond to a request for commentary.
Source :Skai
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