Protecting federal law that prohibits federally-licensed firearms dealers from selling to persons under twenty-one.
Court: Fourth Circuit
Issue at Stake: Age restrictions
Summary: Everytown for Gun Safety submitted this amicus brief in the United States Court of Appeals for the Fourth Circuit in support of the federal law prohibiting federally licensed firearms dealers from selling firearms to those under twenty-one. Everytown’s brief discusses the widespread enactment of similar laws by the states, regulating the possession, purchase and carrying of firearms by those under twenty-one. This adoption of of similar laws by state legislatures across the country, supports the constitutionality of the federal age law.
Decision and Subsequent Proceedings: The Fourth Circuit initially vacated the district court’s grant of ATF’s motion to dismiss plaintiff’s action, and found that the sale of handguns to 18-to-20-year-olds by federally licensed firearm dealers violated the Second Amendment. ATF then filed a petition for rehearing en banc, during the pendency of which the Fourth Circuit panel vacated its opinion and remanded to the district court with directions to dismiss the case as moot, because the plaintiff had turned 21.
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