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Judge Thomas S. Kleeh overturned the federal restriction preventing individuals aged 18 to 20 from purchasing handguns.
Chief Judge Kleeh, appointed by Donald Trump and presiding over the United States District Court for the Northern District of West Virginia, sided with the plaintiffs. He extensively referenced Bruen (2022) in his decision-making process.
One notable quote from Judge Kleeh’s decision draws from Bruen:
“To justify its regulation, the government may not simply posit that the regulation promotes an important interest…To demonstrate the regulation of that conduct is within the bounds of the Second Amendment, “the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command”, he wrote.
“Defendants have not presented any evidence of age-based restrictions on the purchase or sale of firearms from before or at the Founding or during the Early Republic,” he wrote. “Defendants have likewise failed to offer evidence of similar regulation between then and 1791 or in a relevant timeframe thereafter. For that reason alone, Defendants have failed to meet the burden imposed by Bruen.”
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