Jump to content

Marshall v ATF - GCA/VA under-21 handgun ban


Euler

Recommended Posts

Docket

Petition for certiorari said:

...

The facts have never been in dispute. Ms. Marshall is an adult citizen who attempted to purchase a handgun from a federal firearm licensed dealer (hereinafter "FFL") when she was eighteen years old. She was denied because she was not yet twenty-one and was prohibited from making such a purchase pursuant to the Gun Control Act of 1968 and its derivative federal regulations, ... which bar the sale of handguns or handgun ammunition by FFLs to those under twenty-one years old.

 

Ms. Marshall was well-versed in firearms training when she initiated this suit and "had good reason to seek protection." ... She had received a no-contact protective order against her abusive ex-boyfriend which required him to refrain from being in her presence. ... During this time, Ms. Marshall also worked in remote, rural conditions in central Virginia and was required to regularly interact with unfamiliar adults while alone in an isolated environment.

 

While subject to the protective order, Ms. Marshall's ex-boyfriend was stopped for a traffic violation by police and found to be in the unlawful possession of a firearm and controlled substances. ... He was subsequently released on bail but failed to appear for court, which resulted in the issuance of a capias* for his arrest. ... Ms. Marshall sought to purchase a new handgun and ammunition for the primary purpose of self-defense and she believed a handgun to be the most suitable firearm for this purpose due to the ease of open-carrying, training, and use. ... She wanted to purchase a handgun from an FFL for several reasons, including the larger supply, the reputation of regulated dealers, and the ability to purchase new firearms with a guarantee that they have not been used, stolen, or tampered with. ... In October of 2018, Ms. Marshall attempted to purchase a Ruger American Pistol and ammunition from an FFL but was denied due to her age. ... If the laws at issue were not in place, she would have been permitted to purchase this handgun and ammunition from the FFL.

...

*arrest warrant

 

VA has "universal" background checks, so she had no legal ability to bypass an FFL, even in an otherwise private sale, anyway. Also at issue is that she's no longer under 21.

Link to comment
Share on other sites

  • 3 weeks later...

Archived

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

  • Recently Browsing   0 members

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