RICHMOND, Virginia (WLNS) – A federal appeals court ruled this week that it is unconstitutional to ban handgun sales to people under the age of 21.

The 4th Circuit Court of Appeals in Richmon, Virginia handed down that 2-1 decision on Tuesday.

The judges in the majority said 2nd Amendment rights could not be denied to adults just because they are below the age of 21. They pointed to the early days of the republic when men as young as 18 were required to bring their own weapons for military service.

Judge James Wynn, who cast the dissenting vote, called the decision “troubling.” He wrote that the same law has been upheld several times by other courts as a matter of public safety.

The Department of Justice released a statement saying, “we respectfully disagree with the court’s decision and are considering our options.”

The case is likely to be appealed to the full 4th Circuit Court.