TWO MAJOR WINS FOR 2A!

TWO MAJOR WINS FOR 2A!

Two major wins for 2A occurred this past week! One is the affirmation that 18 to 20-year-olds can purchase and possess handguns. The second is a reluctant decision regarding the Hughes Amendment — that machine guns cannot be restricted to pre-1986 production. 

18 TO 20-YEAR-OLDS ARE A PART OF “THE PEOPLE”

A Fifth Federal Circuit Panel of Judges has ruled that 18 to 20-year-olds are indeed part of “The People” as defined in the Second Amendment, and that there is no historical evidence to allow blanket prohibitions to purchase or possess handguns. From Ammoland:

“This week the Fifth Circuit Court of Appeals held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

 

Applying the text-and-history test for Second Amendment cases set forth in NYSRPA v. Bruen, the Fifth Circuit began its analysis by considering whether the regulated conduct is covered by the Second Amendment’s plain text. First, the court concluded that “the right to ‘keep and bear arms’ surely implies the right to purchase them.” Next, the court determined that 18-to-20-year-olds are among “the people” protected by the Amendment because “There are no age or maturity restrictions in the plain text of the Amendment” and because 18-to-20-year-olds were traditionally required to provide their own arms for service in the militia and posse comitatus.

 

Since the plain text covers the purchase of handguns by 18-to-20-year-olds, the court next considered whether the federal prohibition is consistent with America’s historical tradition of firearm regulation.

 

The court concluded that it is not. During the founding era, as noted above, 18-to-20-year-olds were required to acquire and possess firearms.”

FEDERAL JUDGE RULES ON MACHINE GUNS

IFC Past Chairman Michael Ware published an IFC Blog earlier this week:

“Be aware that a federal district judge in Mississippi has just ruled, albeit grudgingly, that the federal law [18 U.S.C. § 922(o)] prohibiting possession or transfer of a machine gun that was not lawfully possessed before May 19, 1986, is an unconstitutional violation of the Second Amendment rights of the appellant and has dismissed the criminal charges against him. As this was a criminal case, the decision is “as applied” only to that individual. This leaves open the possibility that the law might withstand constitutional scrutiny with a different set of facts. It would take a successful “facial” challenge to invalidate the law broadly.

 

This is at least the second federal district judge to rule this way since the Supreme Court upended Second Amendment jurisprudence in its Bruen decision in June 2022. As noted in this judge’s opinion (attached), Bruen has rendered “obsolete” or “abrogated” previous court precedents upholding the law in such cases.”

 The blog notes that:

“The judge expresses skepticism about the historical analysis method mandated by Bruen, highlighting the confusion it has caused in lower courts and the potential for judicial overreach in historical interpretation.”

I want to address the Federal Judge’s reluctance to write this decision. I disagree, and point out that SCOTUS made it very easy. First, is there any historical basis for the restriction? And second, if there is not, then the case must be resolved in the citizen’s favor. End of discussion. Cases like these are how we build the foundation of eliminating the Gun Control Act of 1968 and the National Firearms Act of 1934, one block at a time.

IFC has worked for years to eliminate the offensive weapons section of Iowa Code. Hopefully, this recent case is helpful to that effort.

 

IFC TRUSTED PARTNER OF THE WEEK: HATPOINT TARGET

HatPoint Target is a successful, early-stage company that manufactures a lightweight polymer target stand, in the U.S.A. The stand is very tough and useful across many different shooting disciplines.

Recreational target practice, hunting enthusiasts, law enforcement, military, gun ranges, and competition courses, find this target stand to be a useful product and include this as part of their shooting gear, setup and experience.

IFC Members can use discount code IFC10% at checkout!

2A LOBBY DAY AND THE IFC-PAC DINNER

2A Lobby Day on February 18th at the State Capitol is fast approaching. Don’t forget to get your tickets for the IFC-PAC BBQ Dinner that evening with Iowa Hero, Major Jeff Struecker of Black Hawk Down fame. 

Please stay Ready at All Times, and help us defend all of Iowa’s rights by renewing or joining IFC today.

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
Member, Board of Directors
Iowa Firearms Coalition
#2A4IA