A lawsuit was filed in federal court today challenging the age restriction that makes it unlawful for a registered federal firearms dealer to sell a handgun or ammunition for a handgun to a person between the ages of 18 to 21. The two plaintiffs in the case are 18 and 20 years old. They live in Virginia.
Elliott Harding, the attorney who filed the suit, said, “It’s time for America to quit treating the Second Amendment as if it was a Second-Class Right and young adults as Second-Class Citizens. The fundamental liberty to defend oneself should not be limited by arbitrary standards and must apply equally to all of us.“
The lead plaintiff in case, Tanner Hirschfeld, said, “I, as a 20 year old male, should have every right possessed by my 21 year old friends in regards to self defense. Being able to buy a handgun is a key part of my 2nd Amendment Right to bear arms, which encompasses my individual right to defend myself. These rights should not be arbitrarily limited to only those older than 21 years old.“
Here is the press release on the lawsuit from the law firm Harding Counsel-
CHARLOTTESVILLE, VA— Today, a federal suit was filed in the United States District Court for the Western District of Virginia on behalf of two young adults, Mr. Tanner Hirschfeld (20 years old) and Ms. Natalia Marshall (18 years old), against the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the ATF’s Acting Director, Mr. Thomas Brandon, and Jeff Sessions, Attorney General of the United States.
This suit challenges the federal ban on the sale of firearms, specifically handguns and handgun ammunition, by federally licensed firearm dealers to law-abiding young adults under the age of 21 years old. Currently these young adults may purchase higher-powered firearms, including rifles and shotguns, from federal licensed dealers but they cannot purchase handguns or handgun ammunition. Though handgun ownership is permitted generally, the federal ban relegates young adults to an unregulated, limited market of private, personal transactions for handguns. This system is devoid of background checks or oversight. The suit seeks to preserve equal protection of the fundamental liberty to defend oneself, as guaranteed by the Second & Fifth Amendments of the Constitution of the United States.
Plaintiffs are seeking donations to assist with costs of litigation. Those interested in providing support can go directly to the case page on CrowdJustice.com, a crowd-funding platform for litigation, https://www.crowdjustice.com/case/enforcing-our–rights/, or visit www.hardingcounsel.com and access the page dedicated to Hirschfeld v. BATFE or for questions, media contact, or parties interested in joining the suit, please contact counsel for the Plaintiffs, Elliott Harding, Esq. of Harding Counsel, PLLC at HardingCounsel@gmail.com or 434-962-8465.
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