May 12, 2023
US District Judge Robert Payne of the Eastern District of Virginia said that under the test laid out in the Supreme Court’s recent ruling, the federal regulation runs afoul of the Second Amendment.
“Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand,” he wrote, referencing the Supreme Court ruling’s instruction that lower courts look to the gun regulations that were in effect during the Constitution’s framing to decide whether a current gun law violates the Second Amendment.
The Justice Department declined to comment. But its attorneys have the option to ask that Payne’s ruling be paused for it to be appealed. There are also procedural questions about the case that must be settled before Payne issues a mandate that puts the ruling into effect.
In his opinion, Payne concluded that 18-to 21-year-olds were part of the American political community – citing the age group’s ability to vote and enlist in the military – and thus the age group fell under the Second Amendment’s protections.
“If the Court were to exclude 18-to-21-year-olds from the Second Amendment’s protection, it would impose limitations on the Second Amendment that do not exist from other constitutional guarantees,” Payne, a George H. W. Bush appointee, wrote.