2A application to young adults?

Discussion in 'In the News' started by gunsmoker, Mar 12, 2018.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    To what extent does the Second Amendment protect the gun rights of young adults aged 18 but not yet 21?

    The U.S. Court of Appeals for the 5th Circuit said "none." If you're not 21 years old, there have always been restrictions on you imposed by society for public safety reasons, and thus you are outside of the protections of the 2A. It simply doesn't apply to you, regardless of how "reasonable" or "unreasonable" it seems in light of your level of maturity or the type of handgun you own.


    http://caselaw.findlaw.com/us-5th-circuit/1614698.html


    Now, in that particular 5th circuit case, called NRA v. BATF (2012), the issue was a ban on FFL dealers selling handguns (not long guns) to persons under 21. But the Court's reasoning does not hinge on that distinction. It says that people under 21 simply don't have gun rights, period, and there is no need to consider the fit between the type of danger that the government is worried about and the degree of infringement on the right in question. No analysis is needed. Young people are immature, and they've always been regarded as immature, and until just recently the "age of majority" was 21, and a person who was 18-20 years old would have been called an "infant" in the legal terminolnogy of the late 18th century when the Bill of Rights was written, so...

    It's clear to me that this 5th Circuit court would easily find that even long guns, even sporting rifles and shotguns, can be banned from owning any weapon, since the 2A isn't applicable. The 5th Circuit's decision is basically Chevron-style deference to the legislative branch of government, such that whatever gun restrictions our elected representatives think are good to impose on young adults in the name of public safety, it will always be OK with the court. That could include a ban on handguns obtained by any other means-- gifts or inheritance from parents, private party sales, or building one's own gun.


    http://blogs.findlaw.com/fifth_circ...it-wont-reconsider-under-21-gun-sale-ban.html
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The NRA has sued the State of Florida for infringing on the 2A rights of 18-20 year old young adults to buy long guns.
    The NRA clearly states that this lawsuit is about the SECOND AMENDMENT RIGHTS of those citizens.

    http://caselaw.findlaw.com/us-5th-circuit/1614698.html



    (This isn't the same situation as the young people suing Dick's and Wal-Mart over state age discrimination laws that apply to private businesses that sell to the public. Those cases are not based directly on the 2A.)
     

  3. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    This just seems like a pointless waste of money for the NRA. SCOTUS (if it ever made it that far) has mostly held that states can regulate what 'shall not be infringed'.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Maybe the TRUMP ADMINISTRATION should sue Florida for violating the Second Amendment and the supremacy of federal law, specifically the Militia Act of 1792, and as amended since then. Even back in its first version from 226 years ago, it set the age for all members of the "militia" to be between 18 and 45.

    Eighteen. Not 21.

    https://www.history.com/this-day-in-history/militia-act-establishes-conscription-under-federal-law

    The current Militia Code of the United States has been in place since 1956.
    It sets the lower age of the militia members at 17, and up to (but not including) age 45.
    It says that there are only two classes of militia: Organized (National Guard) and Unorganized.

    https://www.law.cornell.edu/uscode/text/10/246

    Thus, all those 17, 18, 19, and 20 year olds that are subject to a complete gun ban (or is it just a ban on obtaining guns from dealers, leaving private gifts and sales unregulated?) in the State of Florida are being denied their ability to maintain arms and bring them when called upon for militia service.
     
    Last edited: Mar 12, 2018
    Motopackin likes this.
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    From what I'm reading, this Florida age restriction only applies to purchases from a dealership or retail store, not private party sales, or a young person possessing a gun supplied by his or her parents or some other older adult.

    https://www.flsenate.gov/Session/Bill/2018/7026/BillText/e2/PDF

    The bill just signed by Gov. Scott in Florida, the one the NRA is suing over, doesn't say specifically that it only applies to retail sales at a store. In fact, it uses the phrase "any person." But it uses that phrase in a new paragraph that has been inserted at the bottom of a law that is all about retail sales from dealers and pawn shops. So, I think that there is still a private-party sale / acquisition option in Florida.

    http://leg.state.fl.us/Statutes/ind...ng=&URL=0700-0799/0790/Sections/0790.065.html