Elhert v Settle (Virginia 18-20 year olds) Win

wolfwood · Jul 14, 2020

GOA Win Elhert v Settle (Virginia law unconstitutional as applied to 18-20 year olds)

Virginia law is unconstitutional as applied to 18-21 year olds litigated by GOa

Rab1515 · Jul 14, 2020

Good read, it's nice to see a win, and even nicer to read a opinion of a judge who has the guts to stand up for enumerated rights and call ouy other judges who do not. Thank you for your efforts.

Matlack · Jul 14, 2020

So basically in VA anyone over 18 without other disqualifiers may purchase a pistol?

Allen65 · Jul 14, 2020

What's really interesting isn't the immediate injunction decision itself, but the fact the court seems to be categorically rejecting the "2A Two-Step", positing that blind acceptance by courts of "public safety" arguments turns it into defacto rational basis. See the 12th paragraph of Section 1.A. "Intermediate Scrutiny has resulted in opinions void of historical justifications."

This bodes well for challenges in VA state courts to any potential Northam AWB or other draconian changes to state 2A law.

motorcoachdoug · Jul 15, 2020

Very Interesting.....

press1280 · Jul 15, 2020

Matlack said:
So basically in VA anyone over 18 without other disqualifiers may purchase a pistol?

I think this only applies to VA law which would be private face to face sale between VA residents. Federal law would still prevent purchase from a dealer or a non-VA resident.

I'm sure this gets appealed. I'm not sure if there's another intermediate court or this goes to the VA supreme court. If the VA Supremes affirm this decision, it does set up an odd conflict. In essence the opinion would split with the 5th Circuit NRA v. BATFE (18-21 YO purchase of handguns), although the state court can't overturn Federal law. But since this is a 2A case it would seem it can be appealed to SCOTUS.

esqappellate · Jul 15, 2020

press1280 said:
I think this only applies to VA law which would be private face to face sale between VA residents. Federal law would still prevent purchase from a dealer or a non-VA resident.

I'm sure this gets appealed. I'm not sure if there's another intermediate court or this goes to the VA supreme court. If the VA Supremes affirm this decision, it does set up an odd conflict. In essence the opinion would split with the 5th Circuit NRA v. BATFE (18-21 YO purchase of handguns), although the state court can't overturn Federal law. But since this is a 2A case it would seem it can be appealed to SCOTUS.

No conflict as the court was interpreting state constitutional (albeit by incorporating Heller, but ultimately it was still the state constitution). State courts are the ultimate arbiters of their own law. The Fifth Circuit was apply the federal constitution and adjudicating the constitutionality of a federal law.

Elhert v Settle (Virginia 18-20 year olds) Win

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