GOA, GOF File Appeal in Lawsuit Challenging Under 21 Wait Periods

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Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) have filed an appeal in the 5th Federal Circuit.

The lawsuit challenges waiting periods imposed on gun buyers under 21 for National Instant Criminal Background Check System (NICS) checks.

These waiting periods stem from the Bipartisan Safer Communities Act, or the Cornyn-Murphy gun control package.

Passed last summer, this act requires additional reviews of records for young adults. It mandates checks of juvenile justice, state mental health, and local law enforcement records where the buyer lives. This is atop records in the FBI’s background check system.

The problem? State and local agencies aren’t ready to deliver this information promptly.

Young gun buyers face indefinite waiting times. Critics argue this infringes on their Second Amendment rights.

In the brief filed by GOA and GOF, they highlight:

The district court correctly found that Plaintiffs cleared Bruen’s initial hurdle, concluding that ‘Plaintiffs have sufficiently shown that their conduct is covered by the Second Amendment.’  … Rejecting the government’s attempts to muddy a uniform historical record of adults age 18-20 routinely possessing and using firearms without any special limitation or restriction, the court correctly concluded that it ‘appears Plaintiffs are within “the people” envisioned by the Second Amendment.’ 

Indeed, the overwhelming weight of authority favors Plaintiffs’ position that the Second Amendment applies to them.

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Erich Pratt, GOA’s Senior Vice President, remarked: “The District Court Judge in our case essentially agreed with all of the points that we made, and yet, he still frustratingly ruled against us.”

“It is imperative that the 5th Circuit quickly review our case and grant an injunction or TRO to halt this blatant assault on the rights of young Americans,” added Pratt.

Sam Paredes, on behalf of the Board for GOF, added: “Senator Cornyn’s ‘compromise’ on gun control made a large chunk of Americans second class citizens overnight, and GOA and GOF are committed to fighting back until we defeat this law in court.”

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  • Mike in a Truck November 4, 2023, 11:01 am

    “Go die for us @ 18 but we dont trust you with a firearm until your 21. Thanks for voting us into office Dumbass’s!.”

  • paul I'll call you what I want/1st Amendment October 30, 2023, 3:59 pm

    is that going to apply to all those armed juvenile thugs running around……….i think not

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