The Democrats suffered another major legal setback.
It came on one of their biggest legislative priorities.
And that’s because this Trump judge just smacked down the Democrats with this stinging defeat.
Judge Julius Richardson, who was appointed by Donald Trump, delivered a majority opinion for the Fourth Circuit Court of Appeals striking down a ban on selling handguns to Americans under the age of 21.
In his majority opinion, Judge Richardson noted that the ability of Americans to exercise self defense was the “central component” of the Second Amendment.
Richardson added that the right of the citizenry to arm itself was self-defense against tyrannical government.
“So while the individual right of self-defense was “the central component” of the Second Amendment, the civic purpose “was codified” based on the fear that a tyrannical government would eliminate the civically minded militia. Both reflected the pre-existing right of self-defense that the Founders valued as the core purpose of the state. “In the Founders’ world, individual self protection and community defense were not wholly separate spheres,” Judge Richardson stated.
Judge Richardson continued that when the Founders ratified the Bill of Rights, Secretary of War Henry Knox told Congress that the federal standard for military service was 18 years old.
“Around the time the Second Amendment was ratified in 1791, Congress began debating invoking its power under the Militia Clauses to better organize the militias for federal use in emergencies. The effort was pushed by Secretary of War Henry Knox, who argued to Congress that while the “military age has generally commenced at sixteen,” the age for the federal select militia should be set at 18 because “the youth of sixteen do not commonly attain such a degree of robust strength as to enable them to sustain without injury the hardships incident to the field,” Judge Richardson continued.
According to Judge Richardson this meant that the historical record was clear – the Founders intended for Americans ages 18 to 20 to have access to firearms, which meant the government could not deny them their Second Amendment rights.
“But while Congress—or judges—may have struck a different balance long after ratification, that role is foreclosed to us by the balance that the Founders chose. We cannot now second-guess or undermine their choice. History makes clear that 18- to 20-year-olds were understood to fall under the Second Amendment’s protections,” Judge Richardson concluded.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.