A couple of weeks ago, I updated and discussed the latest involving the Supreme Court case Caleb Reese, ET AL. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, ET AL, or the 18-20 Year Old Handgun Case. In it, the Federal Government presented an alternative proposal that would grant only declaratory relief for the plaintiffs (none of whom are currently under the age of 21, since the case has been ongoing since 2020). Since that update, the Fifth Circuit sent the case back to the Eastern District of Louisiana for Judgement. Unfortunately, in its ruling, the Eastern District ignored the larger reversal by the Fifth Circuit and instead followed the opinion of the Federal Government.
Judgement
From the Second Amendment Foundation:
“In drafting its judgment, the Court appears to have adopted the Government’s position that the scope of the injunction – who’s protected by it – is a population of people that is essentially zero. In so doing, the court simultaneously declares the challenged ban to violate the rights of individuals aged 18 to 20 but allows its continued enforcement against all of them.”
The Eastern District of Louisiana has ignored the Fifth Circuit, which overturned the Eastern Court’s decision. The Fifth Circuit ruled that the ban on handguns for those aged 18 to 20 violates the Second Amendment and sent the case back to the district court for further action. The District Court accepted the ruling, however, in the narrowest judgment possible. The injunction entered restricts the organizational membership relief to individuals who were members of the plaintiff organizations as of the filing date, November 6, 2020, and who are within the geographical boundaries of the Fifth Circuit (Texas, Mississippi, and Louisiana). However, that’s not the worst part; the District Court also required the plaintiff organizations to produce a list of affected members within 21 days of the judgment. Yes, Big Brother is watching.
Adam Kraut, the Executive Director of SAF, remarked:
“The practical effect of this order is almost laughable if it wasn’t so frustrating and didn’t impact the Second Amendment rights of thousands of individuals. What the court has done here is say that this law is unconstitutional, but in order for an 18-year-old to avoid having their constitutional rights trounced by it today they must live in one of only three states in the nation and have been the member of SAF at age 13. And even then, they’re only covered if SAF discloses their membership to the government under duress.”
Zooming Out
The outcome of this case is alarming. Especially when considering the current party in place is supposedly 2A-friendly. Yet, it was the current administration’s Justice Department that recommended such a narrow injunction, blatantly ignoring the ruling of the Fifth Circuit and the historical precedent of similar cases. Undoubtedly, the Second Amendment Foundation and its partner organization will seek options and legal recourse to prevent the grabbing of their member lists. SAF will do everything in its power to fight for its members.
For more Outdoor HUB news, click here.
Sources:
Trending Products
