February 8, 2025 • 9 mins
The 5th Circuit rules that 18-21 year olds are protected by the 2nd Amendment.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:15):
Welcome to the Live to Sheetpodcast.
My name is Jeff Doddle, and Ihave been a licensed farm dealer
for the last 18 years.
And this podcast, we talk aboutall things related to the Second
Amendment.
As well as anything else goingon in the world, a sports story,
or anything else that I mightfind interesting.
So, welcome, welcome, welcome.
It is the end of the, you know,really the first week in
February, February 7th, Friday,and it's been crazy.
(00:38):
You know, I, in my opening, Italked about that, that, you
know, I might talk about asports story or two, and so
probably for, in my area, thebiggest news that's come out was
the trade of Luka Doncic to theLakers, and that has just if you
weren't in the Dallas Fort Wortharea, you cannot appreciate what
that has done to this community.
I mean, there was like memorialsbeing set up outside of the, the
(00:59):
arena.
for LUCA and trust me it hit mehard, it hit my boys hard we are
all not happy about it and wewill see where it comes and then
this weekend, Super Bowl, myChiefs are in the Super Bowl so
I will be pinned in watchingthem hoping for a three peat and
(01:20):
we will see where things go butin the world of the Second
Amendment another big case camedown from the Fifth Circuit of
the U.
S.
Court of Appeals, and that is inthe Reese via the Bureau of
Alcohol and Tobacco Firearms andExplosives, and in this case,
the, the courts ruled thatrestricting the purchase of
(01:42):
firearms for People under theage of 21, particularly 18 to
21, is unconstitutional.
This was a case that was broughtby three, by some individuals
who are under the age and withthe help of some non profit
organizations, and they wereprevented from purchasing a
firearm.
And the district court looked atthis, compared it to Bruin, and
(02:07):
determined that the SecondAmendment plain text does cover
the conduct of issues and, andthat These individuals were
protected by the SecondAmendment.
In the opinion of Judge Jones,who reversed the District
Court's decision, holding thatthe federal laws are
inconsistent with the SecondAmendment, the court applied the
(02:28):
Bruin Framework as refined bythe Supreme Court in the United
States via Rahimi.
The court first held that theplain text of the Second
Amendment covers the conduct ofpurchasing firearms by 18 and 20
year olds because the right tokeep and bear arms implies the
right to acquire them.
So first, if you're going tobury them, you have the right to
acquire them.
Additionally, the term thepeople refers to all members of
(02:50):
the national community, not anunspecified subset.
The court rejected thegovernment's argument that 18 to
20 year olds were not part ofthe political community at the
founding because they were noteligible to vote or had other
civil rights.
The court reasoned that there isno age or maturity restrictions
in the text and that the phraseThe people is used elsewhere in
(03:11):
the Constitution and the Bill ofRights to confer individual
rights that undoubtedlyprotected 18, 20 year olds.
The term The people the courtalso held refers to a class of
persons who are part of anational community or have
otherwise developed sufficientconnection with the country to
be a consistent part of thecommunity.
And the court noted that theprefatory clause of the
(03:35):
amendment which states that awell Regulating militia is
necessary for the security offree states.
Indicates that at that time the18 to 20 year olds were among
the people whose right to keepand bear arms were protected if
they were required to serve inthe militia.
The Militia Act of 1792 enrolledall free able bodied white males
between the ages of 18 and 45 inthe militia and then required
(03:57):
them to furnish their own cellswith muskets and rifles.
They're required to be in themilitia, they're ha they're
required to purchase their ownfirearms.
So, it's obvious that thehistory and tradition indicated
that 18 to 21 year olds, at thetime of the founding, were able
to purchase firearms.
The court rejected thegovernment's reliance on 19th
(04:19):
century statutes that purportedto restrict firearm access,
finding that those that werepassed way too late after they
were not part of the founding.
And so, now This, this is asignificant because it's a
federal appellate court tostrike down the ban.
The opinion is notable forextensive historical analysis.
(04:40):
It also directly conflicts withthe Tenth Circuit's decision in
Rocky Mountain Gun Owners versusPaulus which upheld a similar
state ban on 18 to 20 year oldadults.
This decision will likely haveimplications and for federal
federal and state rights on 1820 year olds who carry and use
firearms and this is likely thenbecause we do have conflicts
(05:04):
between the districts, make itsway to the Supreme Court it's
really interesting so you knowhere lately the, the, those
under 21's rights have beenchallenged and so far have been
held up by the court.
The state of Texas recently whenthey passed constitutional carry
said that that it only appliedto over 21 year olds that went
to the fifth circuit.
(05:25):
And they again struck down thatrule and said, no, they, they
are able to constitutionallycarry per the second amendment.
And this is also as applies topurchases.
So it historically, the, the,the law has been that.
If you're over 18, you couldpurchase a long gun, but not a
handgun.
And that was a federally, afederal, and as well, pushed
(05:48):
down to the states.
But then other states have,have, have even extended that.
Even in the great state ofFlorida, following the Parkland
shooting, and in support by ourcurrent district of attorney
attorney general, raised the ageof purchasing firearms, long
guns and handguns.
to 21 in the state of Florida.
(06:09):
So if this all moves forward,all those types of laws are
going to get struck down andthose under 21.
will be able to purchase andlegally own firearms.
Now, you know, just to be clear,they've always had the right to
possess one.
So you could be given one as agift and you could possess it.
Now, you know, plain state ofTexas, they can conceal carry
(06:32):
legally.
And now in theory, and I don'tknow how this, you know, this
works whenever you havedifferent districts conflicting
in their opinion, obviously a 21year old can't, an 18 year old
can't come into me and buy a,buy a handgun right now because
it's still prohibited but thecourt has, has struck it down in
(06:52):
my district and so it is goingto be something that is going to
have to eventually get settledby the Supreme Court to
determine, you know, what isthis across the land and I think
the reasoning that the circuitdid here was quite clear.
Thorough and to me it seems likeit'd be a good case to to get to
the Supreme Court and to makeclarify further.
(07:15):
What the rights of of thoseunder 21 as it pertains to
firearm purchasing andpossessing Because we are they
are enlisting in the military.
They have all these rights andwe will not let them pursue One
of the greatest rights andthat's the right of self
protection and the right toprotect to possess and purchase
Firearms, so we will sit backand watch what happens.
(07:38):
This is going to come to a headhere soon and hopefully we can
get this to the Supreme Courtand they can make a decision on
it maybe in this term.
I don't know.
I don't know.
We will see.
Go Chiefs.
I appreciate everybodylistening.
Share this podcast with others.
Let everybody know, you know,especially if you got ones under
21, that their rights arestarting to expand.
(07:59):
And again, hopefully that theywill be conclu included in the
Bill of Rights, finally.
It's crazy that how we use theSecond Amendment and treat it
differently than other, otherrights, like the freedom of
speech.
It is considered, you know, Ithink a second hand right.
Or, that we list, but it isn't.
(08:19):
There's a reason why it was putsecond because it protects the
first.
And we have to continue to dothat.
President Trump, been doinggreat things this week.
Man is, is insane with how he ismoving things along and, and
doing things in our country.
And, and you know, they keeptalking about how he's
destroying the constitution.
Things like this give me faiththat we can withhold the, upheld
(08:42):
the constitution and that the,our current president Trump, he
is bringing us back to theconstitution and the way things
are working.
that the president runs thecountry, not these three letter
agencies and bureaus that wehave.
So keep up the good fight,President Trump.
We're all supporting you.
Y'all have a great week and goChiefs.
(09:04):
Thanks.
Welcome to the Live to Sheetpodcast.
My name is Jeff Doddle, and Ihave been a licensed farm dealer
for the last 18 years.
And this podcast, we talk aboutall things related to the Second
Amendment.
As well as anything else goingon in the world, a sports story,
or anything else that I mightfind interesting.
So, welcome, welcome, welcome.
It is the end of the, you know,really the first week in
February, February 7th, Friday,and it's been crazy.
(00:38):
You know, I, in my opening, Italked about that, that, you
know, I might talk about asports story or two, and so
probably for, in my area, thebiggest news that's come out was
the trade of Luka Doncic to theLakers, and that has just if you
weren't in the Dallas Fort Wortharea, you cannot appreciate what
that has done to this community.
I mean, there was like memorialsbeing set up outside of the, the
(00:59):
arena.
for LUCA and trust me it hit mehard, it hit my boys hard we are
all not happy about it and wewill see where it comes and then
this weekend, Super Bowl, myChiefs are in the Super Bowl so
I will be pinned in watchingthem hoping for a three peat and
(01:20):
we will see where things go butin the world of the Second
Amendment another big case camedown from the Fifth Circuit of
the U.
S.
Court of Appeals, and that is inthe Reese via the Bureau of
Alcohol and Tobacco Firearms andExplosives, and in this case,
the, the courts ruled thatrestricting the purchase of
(01:42):
firearms for People under theage of 21, particularly 18 to
21, is unconstitutional.
This was a case that was broughtby three, by some individuals
who are under the age and withthe help of some non profit
organizations, and they wereprevented from purchasing a
firearm.
And the district court looked atthis, compared it to Bruin, and
(02:07):
determined that the SecondAmendment plain text does cover
the conduct of issues and, andthat These individuals were
protected by the SecondAmendment.
In the opinion of Judge Jones,who reversed the District
Court's decision, holding thatthe federal laws are
inconsistent with the SecondAmendment, the court applied the
(02:28):
Bruin Framework as refined bythe Supreme Court in the United
States via Rahimi.
The court first held that theplain text of the Second
Amendment covers the conduct ofpurchasing firearms by 18 and 20
year olds because the right tokeep and bear arms implies the
right to acquire them.
So first, if you're going tobury them, you have the right to
acquire them.
Additionally, the term thepeople refers to all members of
(02:50):
the national community, not anunspecified subset.
The court rejected thegovernment's argument that 18 to
20 year olds were not part ofthe political community at the
founding because they were noteligible to vote or had other
civil rights.
The court reasoned that there isno age or maturity restrictions
in the text and that the phraseThe people is used elsewhere in
(03:11):
the Constitution and the Bill ofRights to confer individual
rights that undoubtedlyprotected 18, 20 year olds.
The term The people the courtalso held refers to a class of
persons who are part of anational community or have
otherwise developed sufficientconnection with the country to
be a consistent part of thecommunity.
And the court noted that theprefatory clause of the
(03:35):
amendment which states that awell Regulating militia is
necessary for the security offree states.
Indicates that at that time the18 to 20 year olds were among
the people whose right to keepand bear arms were protected if
they were required to serve inthe militia.
The Militia Act of 1792 enrolledall free able bodied white males
between the ages of 18 and 45 inthe militia and then required
(03:57):
them to furnish their own cellswith muskets and rifles.
They're required to be in themilitia, they're ha they're
required to purchase their ownfirearms.
So, it's obvious that thehistory and tradition indicated
that 18 to 21 year olds, at thetime of the founding, were able
to purchase firearms.
The court rejected thegovernment's reliance on 19th
(04:19):
century statutes that purportedto restrict firearm access,
finding that those that werepassed way too late after they
were not part of the founding.
And so, now This, this is asignificant because it's a
federal appellate court tostrike down the ban.
The opinion is notable forextensive historical analysis.
(04:40):
It also directly conflicts withthe Tenth Circuit's decision in
Rocky Mountain Gun Owners versusPaulus which upheld a similar
state ban on 18 to 20 year oldadults.
This decision will likely haveimplications and for federal
federal and state rights on 1820 year olds who carry and use
firearms and this is likely thenbecause we do have conflicts
(05:04):
between the districts, make itsway to the Supreme Court it's
really interesting so you knowhere lately the, the, those
under 21's rights have beenchallenged and so far have been
held up by the court.
The state of Texas recently whenthey passed constitutional carry
said that that it only appliedto over 21 year olds that went
to the fifth circuit.
(05:25):
And they again struck down thatrule and said, no, they, they
are able to constitutionallycarry per the second amendment.
And this is also as applies topurchases.
So it historically, the, the,the law has been that.
If you're over 18, you couldpurchase a long gun, but not a
handgun.
And that was a federally, afederal, and as well, pushed
(05:48):
down to the states.
But then other states have,have, have even extended that.
Even in the great state ofFlorida, following the Parkland
shooting, and in support by ourcurrent district of attorney
attorney general, raised the ageof purchasing firearms, long
guns and handguns.
to 21 in the state of Florida.
(06:09):
So if this all moves forward,all those types of laws are
going to get struck down andthose under 21.
will be able to purchase andlegally own firearms.
Now, you know, just to be clear,they've always had the right to
possess one.
So you could be given one as agift and you could possess it.
Now, you know, plain state ofTexas, they can conceal carry
(06:32):
legally.
And now in theory, and I don'tknow how this, you know, this
works whenever you havedifferent districts conflicting
in their opinion, obviously a 21year old can't, an 18 year old
can't come into me and buy a,buy a handgun right now because
it's still prohibited but thecourt has, has struck it down in
(06:52):
my district and so it is goingto be something that is going to
have to eventually get settledby the Supreme Court to
determine, you know, what isthis across the land and I think
the reasoning that the circuitdid here was quite clear.
Thorough and to me it seems likeit'd be a good case to to get to
the Supreme Court and to makeclarify further.
(07:15):
What the rights of of thoseunder 21 as it pertains to
firearm purchasing andpossessing Because we are they
are enlisting in the military.
They have all these rights andwe will not let them pursue One
of the greatest rights andthat's the right of self
protection and the right toprotect to possess and purchase
Firearms, so we will sit backand watch what happens.
(07:38):
This is going to come to a headhere soon and hopefully we can
get this to the Supreme Courtand they can make a decision on
it maybe in this term.
I don't know.
I don't know.
We will see.
Go Chiefs.
I appreciate everybodylistening.
Share this podcast with others.
Let everybody know, you know,especially if you got ones under
21, that their rights arestarting to expand.
(07:59):
And again, hopefully that theywill be conclu included in the
Bill of Rights, finally.
It's crazy that how we use theSecond Amendment and treat it
differently than other, otherrights, like the freedom of
speech.
It is considered, you know, Ithink a second hand right.
Or, that we list, but it isn't.
(08:19):
There's a reason why it was putsecond because it protects the
first.
And we have to continue to dothat.
President Trump, been doinggreat things this week.
Man is, is insane with how he ismoving things along and, and
doing things in our country.
And, and you know, they keeptalking about how he's
destroying the constitution.
Things like this give me faiththat we can withhold the, upheld
(08:42):
the constitution and that the,our current president Trump, he
is bringing us back to theconstitution and the way things
are working.
that the president runs thecountry, not these three letter
agencies and bureaus that wehave.
So keep up the good fight,President Trump.
We're all supporting you.
Y'all have a great week and goChiefs.
(09:04):
Thanks.
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