Federal appeals court strikes down ban on handgun sales to teens
(Emily Fennick / EyeEm/Getty Images)
(WASHINGTON) — A federal appeals court on Thursday struck down a longstanding federal ban that prevented the sale of handguns to Americans between the ages of 18 and 20 — a landmark gun control regulation in place since 1968.
The conservative Fifth Circuit U.S. Court of Appeals ruled that the federal law banning handgun sales to teens is inconsistent with the nation’s historical tradition and violates the Second Amendment.
The decision cited the Supreme Court’s 2022 opinion by Clarence Thomas in New York State Rifle and Pistol Association v. Bruen, which significantly expanded gun rights and threatens to rollback other gun safety laws nationwide.
“Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among ‘the people’ whose right to keep and bear arms is protected,” the court wrote in its opinion statement.
The statement went on, “The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence ‘cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence.'”
The immediate nationwide impact of the ruling is unclear. The case is almost certainly bound for the Supreme Court.
Handguns have been the most commonly used weapons in murders and mass shootings for decades in the United States, according to government data analyzed by The Violence Project.
Last term, the Supreme Court upheld a longstanding federal law prohibiting the possession of firearms by people under domestic violence restraining orders.
In the next few weeks, it will consider whether gun manufacturers can be held liable for violent crimes perpetrated by criminals who easily get the weapons.
(MISSOURI) — Andrew Lester, the Kansas City man charged with shooting teenager Ralph Yarl in April 2023 after he knocked on the door of the wrong house, pleaded guilty to second-degree assault charges in a 10-minute Missouri court hearing on Friday.
The 86-year-old man had been facing charges of first-degree assault and armed criminal action in the shooting of then-16-year-old Yarl, a Black honors student who mistakenly showed up at Lester’s door to pick up his twin brothers.
Second-degree assault, a Class D felony, carries with it the sentencing possibility of one to seven years in prison, Clay County Prosecutor Zach Thompson said at a press conference after Friday’s hearing. The sentencing hearing will happen on March 7, according to Thompson.
Lester, who is white, shot Yarl in the head and right arm, saying he believed someone was trying to break into his house, according to a probable cause statement obtained by ABC News. He initially pleaded not guilty in 2023 and was released on a $200,000 bond.
“Our office has maintained regular and respectful communication with Mr. Yarl and his family, and they support this resolution,” Thompson said Friday.
Thompson was told by a reporter at the news conference that Yarl’s family said they were not satisfied with the outcome of the plea deal, and the county prosecutor said he understood the frustration of the family.
“Based on our communications, both direct and written with Mr. Yarl and his family, we agreed that this would be a just resolution in the case,” Thompson said.
Yarl survived the attack and has since graduated high school, but suffered a Traumatic Brain Injury (TBI) after the shooting. Yarl’s mother, Cleo Nagbe, previously told ABC News that her son has struggled academically in ways he didn’t prior to the injury.
His family reacted to Friday’s hearing in a statement obtained by ABC News.
“While this marks a step toward accountability, true justice requires consequences that reflect the severity of his actions — anything less would be a failure to recognize the harm he has caused,” they wrote. “We remain hopeful that his sentencing will not be merely a slap on the wrist but a decision that upholds the seriousness of his crime.”
Lester’s attorney Steve Salmon previously argued that his client’s mental and physical capacity was a factor in the case, postponing the initial trial date from Oct. 7 to Feb. 18. Salmon said the retired air mechanic had heart and memory issues, a broken hip and had lost over 50 pounds. In November, the judge ruled that Lester was fit to stand trial after reviewing the results of a mental exam.
Yarl’s family filed a civil lawsuit against Lester and the Highland Acres homeowners association nearly a year after the shooting occurred, claiming little progress has been made in the case and the association failed to administer aid after shots were fired.
ABC News contributor Joanne Haner contributed to this report.
(GREEN LAKE, Wis.) — Ryan Borgwardt, the husband and father who authorities said faked his own death at a lake and fled the country, has returned to the U.S. willingly and is now in custody in Wisconsin, the Green Lake County Sheriff’s Office announced on Wednesday.
Borgwardt — who is accused of intentionally misleading authorities to believe he drowned this summer — notified officials he was returning and he landed in the U.S. on Tuesday, Sheriff Mark Podoll said at a news conference, but the sheriff did not reveal from where he flew.
Podoll said authorities are still putting together where Borgwardt was and who he was with since he vanished in August, but said he’s “cooperated” with law enforcement.
Borgwardt “researched other individuals that had successfully disappeared recently,” including lake deaths and “how deep a body has to be without resurfacing,” according to the criminal complaint.
When he was abroad and trying to stay under the radar, Borgwardt said he checked the news but usually avoided clicking on articles, the complaint said. The criminal complaint mentions Borgwardt having been in the country of Georgia.
Borgwardt said when he did click on a news article, “he would use a VPN and sometimes make it look like he was in Russia or somewhere else other than Georgia,” the complaint said. “Ryan stated that he knew that Georgia would have to extradite him and he wanted to be informed and prepared.”
Asked what compelled Borgwardt to come back, Podoll said, “His family, I guess.”
Podoll did not say if Borgwardt has had contact with his wife and children.
Borgwardt, who is charged with obstructing an officer, made his first court appearance on Wednesday. He faces up to a $10,000 fine and nine months in prison for alleged obstruction of an officer.
A signature bond was set at $500, since he “voluntarily turned himself in” from “halfway around the world,” the judge said. When the judge asked if he could afford any bail, Borgwardt replied, “I have $20 in my wallet.”
The case began on Aug. 11, when Borgwardt texted his wife that he was turning his kayak around on Green Lake and heading to shore soon, Podoll said.
But the dad of three never came home.
Responders found Borgwardt’s overturned kayak and life jacket in the lake and believed he drowned, officials said.
Crews scoured the lake for weeks using divers, drones, sonar and cadaver K-9s, but never found him, officials said.
In October, investigators discovered Borgwardt’s name had been checked by law enforcement in Canada two days after he vanished on the lake, the sheriff said.
Authorities also learned Borgwardt had been communicating with a woman from Uzbekistan, the sheriff said.
Borgwardt’s other suspicious behavior included: clearing his browsers the day he disappeared, inquiring about moving funds to foreign banks, obtaining a new passport and getting a new life insurance policy, the sheriff said.
Authorities determined Borgwardt was alive and likely in Eastern Europe or western Asia, but they didn’t know exactly where he was located. Authorities made contact with a woman who speaks Russian, and in November, they reached Borgwardt through that woman, authorities said.
Borgwardt said when he got the email from authorities, his “heart hit the floor,” the complaint said.
Borgwardt told police he was safe but didn’t reveal his location, the sheriff said.
Borgwardt did reveal to authorities how he faked his death.
“He stashed an e-bike near the boat launch. He paddled his kayak in a child-sized floating boat out into the lake. He overturned the kayak and dumped his phone in the lake,” the sheriff said at a news conference in November. “He paddled the inflatable boat to shore and got on his e-bike and rode through the night to Madison, [Wisconsin]. In Madison, he boarded a bus and went to Detroit, and then the Canadian border.”
Borgwardt said the Canadian Border Patrol was “suspicious” that he didn’t have a driver’s license or flight itinerary with him, but “ultimately, they allowed him to continue,” according to the complaint.
At the airport in Toronto, Borgwardt said he bought a flight to Paris.
On the plane, Borgwardt said he searched for news in Green Lake and saw “something about the missing kayaker and believes that his plan had worked,” according to the complaint.
After he landed in Paris he flew to a country in Asia, the complaint said.
An unidentified woman picked him up and they went to a hotel where they stayed for a couple of days, the complaint said.
Borgwardt was later in an apartment, according to a video he made for law enforcement.
No one else is facing charges, the sheriff said.
Asked if Borgwardt will be required to reimburse the county for the money spent on the search, Podoll told reporters, “That’s part of the restitution that we present to the court.”
(KANSAS) — Andrew Lester, the Kansas City man who pleaded guilty to felony assault in the second degree for the shooting of Ralph Yarl, has died while awaiting sentencing, Clay County Prosecuting Attorney Zachary Thompson announced on Wednesday.
“We have learned of the passing of Andrew Lester and extend our sincere condolences to his family during this difficult time,” Thompson said. “While the legal proceedings have now concluded, we acknowledge that Mr. Lester did take responsibility for his actions by pleading guilty in this case. Our thoughts remain with both families affected by this tragic incident as they continue their healing process.”
Lester, 86, was set to go on trial this week for shooting Yarl, a Black teenager who mistakenly knocked on his door, but ahead of the trial, Lester entered a guilty plea on Friday for felony assault in the second degree.
He was expected to be sentenced in this case during a hearing on March 7.
Second-degree assault, a Class D felony, carries with it the sentencing possibility of up to seven years in prison, Thompson said at a press conference after Friday’s hearing.
Lester was initially charged with one count of felony assault in the first-degree and one count of armed criminal action, also a felony, in the shooting of Yarl, who mistakenly went to Lester’s Kansas City home after arriving at the wrong address to pick up his twin brothers from a play date on April 13, 2023.
Lester, who is white, shot Yarl in the head and right arm, saying he believed someone was trying to break into his house, according to a probable cause statement obtained by ABC News. He initially pleaded not guilty in 2023 and was released on a $200,000 bond.
Yarl was 16 at the time of the shooting and suffered a traumatic brain injury, according to his family.
Yarl’s family told ABC News in a statement Wednesday that “justice was never truly served.”
“The news of Andrew Lester’s passing brings a mix of emotions, but it does not bring justice,” Yarl’s family said.
“We remain committed to seeking a world where no child fears for their life because of their race, and no family has to endure what we have. Ralph’s story is far from over, and neither is our fight for justice,” the family added.
Yarl’s family previously told ABC News Live Prime’s Linsey Davis on Friday that they were not happy with the plea deal that Lester accepted.
“About two years ago, we knew Mr. Lester was guilty,” Yarl’s mother Cleo Nagbe told Davis on Friday. “We let him do what he wanted to do and waited two years after for him to show up and say, ‘I’m going to plead guilty to the lesser of the charges.’ So we’re sick of this. So let’s just move on and give this kid a chance to move on with his life and live on as a regular kid.”
Lester’s attorney, Steve Salmon, previously argued that his client’s mental and physical capacity was a factor in the case, postponing the initial trial date from Oct. 7, 2024 to Feb. 18, 2025. Salmon said the retired air mechanic had heart and memory issues, a broken hip and had lost over 50 pounds.
In November, the judge ruled that Lester was fit to stand trial after reviewing the results of a mental exam.
Yarl opened up about the shooting in an exclusive interview with “Good Morning America” co-anchor Robin Roberts in July 2023, where he reflected on his recovery and the harrowing experience.
“He points [the gun] at me … so I kinda, like, brace and I turn my head,” Yarl told Roberts. “Then it happened. And then I’m on the ground … and then I fall on the glass. The shattered glass. And then before I know it I’m running away shouting, ‘Help me, help me.'”