
A Conservative Giant Just Gave the Supreme Court Reason to Uphold Youth Gun Bans
SlateSign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. SCOTUS has instructed lower courts to uphold firearm regulations that comport with the nation’s “history and tradition.” And in 1791, when the Second Amendment was ratified, people under age 21 were considered legal minors with virtually no rights themselves, including the right to buy or possess weapons without their parents’ consent. “The Founders’ generation shared the view,” Pryor wrote, “that minors lacked the reason and judgment necessary to be trusted with legal rights,” quoting Thomas Jefferson and John Adams. So Florida’s law, and others like it, are “consistent with our historical tradition of firearm regulation.” But what about mandatory militia service for those under 21? But as Pryor explained, “the federal right to keep and bear arms” does not turn on “a sliding scale defined by contemporary state law that varies from jurisdiction to jurisdiction.” A state does not “lose its constitutional authority to regulate minors’ access to firearms” just because it gives 18-year-olds “greater rights than they would have enjoyed at the Founding.” To hold otherwise would mean importing into the Second Amendment “an evolving standard of adulthood that is divorced from the text of the Amendment and from our regulatory tradition.” It is hard to overstate the significance of these words coming from the pen of a deeply conservative, dyed-in-the-wool Federalist Society stalwart like Pryor.
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