On Thursday, Representative Thomas Massie (R-KY) introduced the Second Amendment for Every Registrable (SAFER) Voter Act, which would lower the age to purchase a handgun from a federal firearms licensee (FFL) to 18 from 21.
The HR 1643 bill looks to roll back a federal law requiring a person to be 21 or older to transfer any handgun through an FFL. This law covers the sale of handguns and all other handgun transfers through an FFL. A transferee must be 21 before they can legally be processed through the FBI’s National Instant Criminal Background Check System (NICS) for a transfer of a handgun. That prevents young adults from buying handguns from gun dealers.
“Why should a 20-year-old single mom be denied the right to defend herself and her children?” asks Representative Massie. “18, 19, and 20-year-olds are considered adults and can vote on important public policy issues. They can also form business contracts, get married, and serve in the military. As adults, these Americans should not be deprived of basic constitutional rights.”
The Second Amendment doesn’t limit the age for firearms. It simply states, “The right of the people to keep and bear arms shall not be infringed.” The courts consider “the people” as members of the political class. In other words, “the people” are those that have reached the age of majority, in the United States, that is considered to be 18. This terminology was recently affirmed by the United States Court of Appeals for the Third Circuit in Lara v. Paris. Lara v. Paris challenged a Pennsylvania law that banned the carrying of firearms by those between the ages of 18 and 20 during a stated emergency.
According to the Supreme Court case McDonald v. The City of Chicago, The right to keep and bear arms also includes the right to acquire guns because, without a means to get firearms, you can not keep and bear them. Anti-gun politicians have long claimed that the current regulation was constitutional because the law didn’t ban those under 21 from acquiring handguns. These politicians argue that those under 21 can still buy handguns through private sales. What these anti-gun politicians never mention is that many states have universal background checks (UBC), and the only way to get a gun legally is through an FFL.
Those state-level background check laws mean that those who can legally own a handgun cannot acquire them. A lawsuit in Virginia over universal background checks caused a carve-out that allowed the private transfer of handguns to those under the age of 21 without a background check. Other states have no such carve-out. Rep. Massie’s bill would bring federal law closer to compliance with the United States Constitution, although much work would need to be done to bring federal gun laws to total compliance.
The law is tied to voting. Democrats have long sought to lower the voting age to 16. Although many different reasons have been given for the desire to lower the voting age, many say that Democrats believe that the new voters created would overwhelmingly vote for them, thus expanding their voter base. Equating the right to buy a handgun to voting could head off such plans to lower the voting age because Democrats wouldn’t be open to lowering the age to purchase a handgun to 16.
Gun rights groups, in large part, support the bill. Rep Massie highlighted the support of both Gun Owners of America (GOA) and the National Association of Gun Rights (NAGR). Both organizations issued statements about the introduction of the proposed change to federal regulations.
“The current 18 to 20-year-oldhandgun ban says that the Second Amendment is a second-class right, relegated to the backwaters of the Constitution,” said Aidan Johnston, GOA’s Director of Federal Affairs. “Gun-grabbers believe that if they can disarm young people in the years prior to turning 21, they can discourage and depress gun ownership for a new generation of Americans. That’s why Rep. Thomas Massie’s SAFER Voter Act is so important because it restores the right of young adults to purchase handguns for self-defense.”
“The right to keep and bear arms is non-negotiable for all law-abiding adults. Denying 18-, 19-, and 20-year-olds the ability to purchase a handgun based solely on age is blatant discrimination and an outright attack on their constitutional rights,” said Hunter King, NAGR’s Director of Political Affairs. “Any Member of Congress who truly supports the Second Amendment must immediately co-sponsor the SAFER Voter Act—no excuses.”
The bill will struggle to be passed through the House of Representatives. The Republicans have a slim majority, but not all Republicans would be willing to vote for the bill.
One standout who almost assuredly would vote against the bill would be Brian Fitzpatrick (R-PA). Rep. Fitzpatrick has backed gun control during his time in Congress, including calling for bans on so-called “assault weapons” such as the AR-15 and AK pattern rifles. Insiders believe that all Democrats in the House would oppose the bill. Even if it does make it through the House, it will face certain death in the Senate, where a super-majority is needed to pass a bill. Seven Democrats would have to cross the aisle and break with their party line, and it is unlikely that even one would support it.
The SAFER Voter Act’s original co-sponsors include Rep. Lauren Boebert (R-CO), Rep. Andrew Clyde (R-GA), Rep. Mike Collins (R-GA), Rep. Marjorie Taylor Greene (R-GA), Rep. Harriet Hageman (R-WY), Rep. Doug LaMalfa (R-CA), Rep. Scott Perry (R-PA), Rep. Chip Roy (R-TX), Rep. Victoria Spartz (R-IN), and Rep. Randy Weber (R-TX).
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
To those who think adults, 18-20 shouldn’t be able to buy and carry a handgun, I ask you, are you going to raise the draft age from 18 to 21?
Are you going to raise the voting age to 21?
Are you going to raise the age of entering into a contract to 21?
Are you going to raise the age to marry to 21?
Are you going to NOT send 18-20 year olds off to war?
Why is Massie selling out over a fifth of the population?
Age plays a part in todays world there are a lot of young minds that have been corrupted by social medias influencers, Not to say collage professor’s that are radial left. Today a group marched took over Columbia University in support of Hamas. They were violent disruptors most are not leaders but followers it is not the same world I grew up in where you never thought about shooting another person. If you went at it it was hands only and then never ever did anyone die. This might piss off some here I am not sure that all 18… Read more »
back in the day if you were considered old enough to marry old enough to buy a gun ,each state had its own rules some were 13 some 16, I bought my first rifle at 8 ,first pistol at 16, had not needed one of my own before 16 bought a woodsman, dad did not have a 22 needed one for a school class bought a used one in a drygoods store they also had an 1860 henry 44 in box like a fool did not buy it what would it be worth today they wanted just over 80$ for… Read more »
I wish this would pass. Some states have righted the wrong of not allowing 18-20 year old adults to carry. The purchase thing is Federal. That needs to be fixed. Several courts have ruled that laws against 18-20 year old possession and carry of handguns is un-Constitutional. It is.
Good! It’s unconstitutional and has been ignored for far too long! I like what Rittenhouse said, something to the effect of “the founders were very smart and detailed and they did not see fit to put an age limit on the right to keep and bear arms “