Jump to content

Federal Appellate Court Declares Handgun Ban for Adults Under 21 Unconstitutional

Molly B.

Recommended Posts



Federal Court Declares Handgun Ban for Adults Under 21 Unconstitutional


The court ordered a lower court’s ruling upholding the ban to be vacated and remanded for a new ruling in line with their guidance. The federal government will now have to decide whether to appeal the ruling to a full panel of the Fourth Circuit.





Link to comment
Share on other sites

  • 5 weeks later...

It won’t matter if it is heard en Banc or not. This case will still end up with a petition for cert at the Supreme Court.


What will matter, and could be good or bad, is the opinion written by the en Banc panel if it is head en Banc. It is very possible, that this could get stayed pending the outcome of the NY case.


The NY case, could end up with not just an opinion and effect on carry of a firearm outside the home, but could have an effect on HOW the lower courts are to use if at all any level of scrutiny.


However… as the saying goes… we won’t know till the fat lady sings.

Link to comment
Share on other sites

  • 11 months later...

An update on this case, since there's a topic on it: Docket on CourtListener


13 Jul 2021 - CA4 finds 18-year-olds have 2A rights, remands case to district (just a reminder)

15 Jul 2021 - plaintiffs (Hirschfeld and Marshall) attempt addition of plaintiffs

28 Jul 2021 - district denies addition of plaintiffs

12 Aug 2021 - CA4 opens case 21-1872 appealing denial of additional plaintiffs

29 Nov 2021 - CA4 orders district to dismiss case as moot

1 Dec 2021 - district dismisses case as moot


The case was originally filed in 2018. Hirschfeld was 20 years old in 2018. Marshall was 18 years old in 2018.


Reading between the lines, without the additional plaintiffs, the case had no plaintiffs under 21. Thus the case became moot.

Link to comment
Share on other sites


This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
  • Create New...