Memorandum Opinion by U.S. Attorney-General:
Application of 18 U.S.C. § 922(b)(1) and (c)(1) to Young Adults Section 922(b)(1) and (c)(1) of title 18, U.S. Code, is unconstitutional as applied to young adults between eighteen and twenty who seek to purchase handguns. The provision prevents young adults, who are members of “the people” to whom the Second Amendment applies, from owning “arms” in common use for self-defense. This places the burden on the government to show that the restrictions are consistent with the Nation’s tradition of firearm regulation, which it cannot do.
They cite me at pp. 43-44:
Pistols, though less common than other firearms, existed at the Founding and were a familiar article of early American commerce. See Clayton E. Cramer & Joseph Edward Olson, Pistols, Crime, and Public: Safety in Early America, 44 Willamette L. Rev. 699, 706–11 (2008) (outlining the prevalence of pistols at the time of the Founding).
How important are such opinions? Apparently, pretty important. To quote from an Obama-era memo "MEMORANDUM FOR ATTORNEYS OF THE OFFICE Re: Best Practices for OLC Legal Advice and Written Opinions "
As noted above, OLC's central function is to provide, pursuant to the Attorney General's delegation, controlling legal advice to Executive Branch officials in furtherance of the President's constitutional duties to preserve, protect, and defend the Constitution, and to "take Care that the Laws be faithfully executed."
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