A three-judge panel for the U.S. Court of Appeals for the Fourth Circuit ruled Tuesday that the federal ban against 18-20-year-olds buying handguns is unconstitutional.
The Majority Opinion by Judge Julius Richardson–joined by Bush 43-appointee Judge Stephen Agree–looked at militia laws in American history and the Founding Fathers’ views that an armed populace made an armed militia possible, allowing the latter to repel a tyrannical government, should the need arise:
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.”
Moreover, Richardson highlighted the time at the Founding of the nation, noting,