With support from Herring, DoJ seeking rehearing in second amendment lawsuit

The Department of Justice is attempting to get the full 4th Circuit Court of Appeals judicial panel to rehear an appeal after a three-judge panel ruled that a federal law restricting sales of handguns to people younger than 21 is unconstitutional. The lawsuit, filed in October 2018 on behalf of then-20-year old Tanner Hirschfeld and then-18-year-old Natalia Marshall, asked the Western District Court of Virginia to declare the gun act unconstitutional and to stop enforcement of handgun and ammunition age restrictions. Both plaintiffs were students at the University of Virginia at the time the lawsuit was filed. According to the lawsuit, both Hirschfeld and Marshall were turned away by local firearms dealers when they applied to purchase handguns. Marshall had attempted to purchase a pistol for protection as she worked in a remote area and had been in an abusive relationship in which she filed for a protection order. In July the law in question was deemed unconstitutional by the 4th Circuit Court of Appeals, a decision that the plaintiffs’ attorney Elliott Harding stands by. “The panel decision was thorough and well-reasoned and we believe it should remain intact,” Harding said. “We welcome the opportunity to present the argument to the entire 4th Circuit should the judges consider it worthy of additional review.” The 4th Circuit decision follows a 2019 opinion from Senior U.S. District Judge Glen E. Conrad in which he granted a motion to dismiss, writing that the plaintiffs’ Second Amendment rights weren’t violated by a 1968 […]

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