Federal Court Ruling on Firearms for the Underaged
Federal Circuit Court Rules on “Underage” Gun Possession
A Federal Circuit Court recently ruled that it is unconstitutional to ban individuals
between the ages of 18-20 years old from owning firearms, citing that the text of the Second
Amendment of the US Constitution includes individuals ages 18-20 years old and to prohibit
individuals in that age range from owning firearms would violate their rights.
In the State of New Jersey, an individual is prohibited from purchasing a handgun if they
are under the age of 21 years old pursuant to N.J.S.A. 2C:58-3(c)(4) but that age prohibition does not apply to long arms, such as rifles or shotguns (age 18 is minimum age). Notwithstanding the ruling in the circuit court, such a ruling would not have a direct impact on New Jersey unless or until the ruling from the circuit court was appealed to the United States Supreme Court and the US Supreme Court granted certiorari, or approved, the decision to hear that case on appeal. Remember, cases brought before the US Supreme Court are not automatically entitled to be heard, as about 8,000 cases are brought before the Supreme Court where the Supreme Court only hears about 80 cases per year, or 1% of the cases brought before it. For this case in the Circuit Court to have any impact on New Jersey State law which currently prohibits individuals under the age of 21 from owning handguns, the Supreme Court would have to make a ruling that the age restriction that originally prohibited individuals under the age of 21 from owning handguns is Unconstitutional. Otherwise, a ruling in a Federal Circuit court would not have a direct impact on New Jersey State Law relating to the issue of minimum age to own a handgun.
A similar state law was invalidated in 2022 under the Bruen decision, when the issue concerning whether a person had to exhibit ‘justifiable need’ was challenged on constitutional grounds. The court in Bruen heard that case and ruled that it would be unconstitutional for an individual to show a ‘need’ as a prerequisite to carrying a handgun in 2022. Prior to that decision, many states did not require a showing of ‘justifiable need’ or even a permit as a prerequisite to carry a handgun. New Jersey was only a minority of states to require justifiable need, and it took a ruling from the US Supreme Court to invalidate a state law. So, while it is encouraging to see other courts in other states and circuit courts on the federal level invalidate firearm laws as unconstitutional, unless the US Supreme Court decides to hear the case as to whether it is constitutional to restrict individuals between the ages of 18 to 20 years old from owning a handgun, the state law in New Jersey will likely stand. To challenge NJSA 2C:58-3(c)(4), an individual between the ages of 18 to 20 years old would have to apply for a permit to purchase a handgun, get denied by law enforcement on those grounds, appeal to the Superior Court in the county where they reside, have the appeal denied. Then, that individual would have to appeal to the Appellate Division and raise the issue as to the unconstitutionality of NJSA 2C:58-3(c)(4) as grounds to reverse the trial court decision. Then, if the applicant is unable to persuade the Appellate Division, they would have to petition the New Jersey Supreme Court for certification, or to hear the case on constitutional grounds. Remember, the NJ Supreme Court, the highest state court, is one that does not automatically have to hear each case brought before it. So, if an applicant is unsuccessful in challenging the constitutionality of NJSA 2C:58-3(c)(4) in the New Jersey Judiciary, then they can make efforts to challenge it in Federal Court, beginning in the District Court of New Jersey and then challenging the law in the Third Circuit Court of Appeals. If the task to challenge the constitutionality of NJSA 2C:58-3(c)(4) does not prevail in the third circuit, then it can be challenged in the US Supreme Court. Lastly, if one wishes to challenge the constitutionality of NJSA 2C:58-3(c)(4) outside the judiciary, you can always contact your local state New Jersey legislator and have them rewrite the law and repeal it so that individuals between the ages of 18-20 years old can lawfully purchase a handgun and not be prohibited from doing so based on their age.
If you or a loved one needs assistance regarding underage gun possession laws in NJ, contact our offices now for immediate assistance and a free initial consultation at 201-614-2474.