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(EstateNewsWire.com, November 16, 2012 ) Matthews, NC -- According to a 5th Circuit Appeal ruling, the United States now may have banning capability regarding the who can purchase a firearm.
The appeals court ruled on Thursday that the government can ban the selling of handguns to individuals between the ages of 18-21 years. The ruling is a considerable defeat for the National Rifle Association.
The 5th Circuit Court of Appeals in Texas rejected the concerns of the NRA, who cited that the age group being restricted would infringe on the constitutional rights. The NRA cited the Second Amendment as well as the protection clause of the Fifth Amendment.
The three-judge panel unanimously ruled that the Congress, which drafted a law in 1968, adopted a sales ban in order to curb violence. The court also cited the assertion that both the founders and 19th century courts did believe that disarming specific groups did not necessarily undercut the right to bear arms.
"Congress was focused on a particular problem: young persons under 21, who are immature and prone to violence, easily accessing handguns," stated Judge Edward Prado to the panel.
"The present ban appears consistent with a longstanding tradition of age- and safety-based restrictions on the ability to access arms," he added.
The latest decision upholds a 2011 ruling by U.S. District Judge Sam Cummings.
He had presided over the case a year earlier, which was again backed by the NRA, as well as firearm dealers and many individuals who hold are opposed to the Bureau of Alcohol, Tobacco, and Firearms.
The 5th Circuit stated that its oversight of the grievance of the ban was the first since the 2008 U.S. Supreme Court declaration in 2008, wherein the highest court declared a broad Second Amendment right for individuals to bear arms (District of Columbia v. Heller, 2008).
David Thomas, managing partner at Cooper & Kirk in Washington, and representative of the NRA, put it simply: “We are disappointed.”
“The ruling is inconsistent with the Supreme Court’s opinion in Heller, and we are considering all of our appellate options.”
The Department from Defense has yet to comment on any aspect of the appeal case.
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Source: EmailWire.Com 
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