Joe Biden and the Democrats are facing a major defeat.
This is one they dreaded.
And Clarence Thomas wrote one sentence that made Joe Biden’s life a living hell.
Last year in the landmark New York State Rifle and Pistol Association v. Bruen decision the conservative majority on the Supreme Court put gun-grabbers like Joe Biden on notice.
The majority expanded the scope of the Second Amendment when Justice Thomas wrote that “constitutional rights are enshrined with the scope they were understood to have when the people adopted them.”
Justice Samuel Alito added that any gun control law failed constitutional muster if it failed to align with America’s history and tradition of defending the Second Amendment.
That decision delivered a body blow to gun-grabbers like Joe Biden whose ultimate goal is banning and confiscating firearms in America.
The Bruen ruling meant that the Court was willing to hear cases challenging the constitutionality of a whole host of schemes designed to disarm the American people.
U.S. District Judge Robert E. Payne cited the Bruen decision in striking down federal gun control laws which banned Americans between the ages of 18 and 20 from purchasing handguns.
“Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand,” Judge Payne wrote.
Judge Payne explained that banning 18-to-20-year-olds from purchasing handguns – they are allowed to purchase rifles and shotguns – imposed restrictions on constitutional freedoms due to age that did not exist for any other right.
“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 with other constitutional guarantees,” the judge added. “It is firmly established that the First, Fourth, Fifth, Eight, and Fourteenth Amendments vest before the age of 21. … Like these other rights, the Second Amendment’s protections apply to 18-to-20-year-olds,” Judge Payne added.
Judge Payne wrote that denying Americans their God-given right to keep and bear arms based on their age does not meet the “history and tradition” standard the Supreme Court established in the Bruen case.
“By adopting the Second Amendment, the people constrained both the hands of Congress and the courts to infringe upon this right by denying ordinary law-abiding citizens of this age the full enjoyment of the right to keep and bear arms unless the restriction is supported by the Nation’s history. That is what Bruen tells us,” Judge Payne continued.
Bruen may end up being one of the most consequential rulings in Supreme Court history.
The Supreme Court did not establish firearm ownership as a fundamental right until 2008.
It took another 14 years for the Court to expand the scope of the Second Amendment to include carrying firearms outside the home.
And now restrictions on 18-to-20-year-olds purchasing handguns as well as cases in other jurisdictions challenging so-called “assault weapons” and “high-capacity” magazine bans could make their way before the Supreme Court in short order.
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