Massachusetts’ controversial ban on adults under 21 possessing pistols and semi-automatic weapons will stand, thanks to a Friday ruling by U.S. District Court Judge George O’Toole.
The National Rifle Association, Second Amendment Foundation, Gun Owners of America, and Firearms Policy Coalition joined forces to challenge the prohibition in Escher v. Noble.
The plaintiffs unsuccessfully argued that young adults are absolutely part of “the people” as designated by the Second Amendment.
Under 21 adults enjoy the free exercise of all other constitutionally guaranteed rights
SAF Executive Director Adam Kraut summarized the gun rights position.
“Massachusetts’ law barring 18-20-year-olds from being able to acquire, possess, and carry commonly possessed firearms fails to comport with the Constitution’s command,” Kraut explained. “These adult individuals are entitled to the full scope of the Second Amendment’s protections, yet the State has opted to affirmatively treat them as if they have less rights.”
Meanwhile, the state successfully argued that such blanket and arbitrary prohibitions aligned with the nation’s history and tradition of gun control, as required by Bruen.
Another judge finds young adult bans survive Bruen test
Judge O’Toole sided with Massachusetts and rejected constitutional arguments against such age discrimination.
“The historical record before the Court reveals that the ‘pre-existing right’ ‘codif[ied]’ by the Second Amendment” allows for such laws to pass judicial muster. “The statutory age restriction fits within that principle…in both why and how it burdens the Second Amendment right of eighteen-to twenty-year-olds.”
Last year, the Eleventh Circuit upheld a similar ban in Florida.
The roster of states with such restrictions will continue to include the Bay State, even as others such as Kentucky affirm that the right to keep and bear arms does in fact apply to those who have reached the age of maturity.
The issue cries out for clarity from the U.S. Supreme Court.
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