Biden’s Anti-Gun Policies Struck Down By Good Judge

In a significant ruling for Second Amendment rights, a federal judge struck down the ban on handgun sales to individuals aged 18 to 20 years old. Chief Judge Thomas Kleeh of the U.S. District Court for the Northern District of West Virginia, in a comprehensive 40-page decision, declared the ban “facially unconstitutional” and not aligned with historical regulations.

This landmark lawsuit was initiated by the Second Amendment Foundation and the West Virginia Citizens Defense League, with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Attorney General Merrick Garland named as defendants. The judge’s ruling heavily referenced the pivotal 2022 Supreme Court decision in New York State Rifle & Pistol Assoc., Inc. v. Bruen, which invalidated a New York law requiring “proper cause” for obtaining a concealed carry handgun license.

Judge Kleeh highlighted the lack of historical precedent for age-based firearm purchase or sale restrictions, noting the defendants’ failure to present any relevant historical evidence. This absence of historical regulation significantly influenced the decision, as it did not meet the criteria set by the Bruen ruling.

Furthermore, the court scrutinized the “means-end scrutiny” used to defend the gun control law. This scrutiny typically assesses if a government regulation justifies the methods for its implementation. However, Judge Kleeh emphasized that public safety concerns do not override an individual’s constitutional rights.

The ruling was clear-cut in its affirmation that 18- to 20-year-olds are part of “the people” protected by the Second Amendment, thereby entitled to the same rights as other adults. This decision marks a crucial victory for gun rights advocates and sets a significant precedent in the ongoing national debate over gun control and Second Amendment rights.