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Nra challenges constitutionality of federal handgun ban for 18-20 year olds

Discussion in 'Legal & Political Archive' started by Chee-to, Sep 8, 2010.

  1. Chee-to

    Chee-to Oregon Well-Known Member

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    NRA-ILA :: NRA CHALLENGES CONSTITUTIONALITY OF FEDERAL HANDGUN BAN FOR LAW ABIDING 18-20 YEAR OLDS

    NRA CHALLENGES CONSTITUTIONALITY OF FEDERAL HANDGUN BAN FOR LAW ABIDING 18-20 YEAR OLDS
    Wednesday, September 08, 2010

    Fairfax, Va. -- The NRA is challenging federal laws that prohibit law-abiding Americans eighteen through twenty years of age from legally purchasing a handgun through a federally licensed firearm dealer. The case was filed Tuesday evening in the United States District Court for the Northern District of Texas Lubbock Division. James D'Cruz of Lubbock, TX is the plaintiff in this case.

    "In Heller and McDonald, the U.S. Supreme Court clearly stated that the Second Amendment guarantees a fundamental, individual right to keep and bear arms for all law-abiding Americans," said Chris W. Cox, executive director of NRA's Institute for Legislative Action. "That right is not limited only to Americans twenty-one years of age and older. Indeed, throughout our nation's history, adults beginning at age eighteen have served in the military and fought for this country with honor. But while the Supreme Court has consistently made clear that the federal government cannot ban or unduly restrict sales of items protected by the Constitution, the federal government continues to prohibit these adults from purchasing handguns from federally licensed dealers, which represent the largest and most accessible means of purchasing handguns."

    The suit asserts: "At eighteen years of age, law-abiding citizens in this country are considered adults for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights. Indeed, at eighteen, citizens are eligible (and male citizens could be conscripted) to serve in the military-to fight and die by arms for the country. Yet, Section 922(b)(1) prohibits law-abiding adults in this age group from lawfully purchasing -- from the most prevalent and readily available source -- what the Supreme Court has called "the quintessential self-defense weapon" and "the most popular weapon chosen by Americans for self-defense in the home."

    The plaintiff, Mr. D'Cruz, is well-trained in the proper handling and use of firearms, including handguns. His initial training was with his grandfather, a World War II veteran, who wanted his grandchildren to understand the proper and safe techniques for use and storage of firearms. Mr. D'Cruz received further training from his father and as a member of the Navy Junior Reserve Officer's Training Corps, where he achieved the rank of Lieutenant Junior Grade. During his junior and senior years of high school, Mr. D'Cruz was a member of the JROTC's marksmanship team, and as member of that team has competed in regional and national marksmanship competitions. Mr. D'Cruz received numerous awards, including a first place medal for marksmanship, in a regional competition. Mr. D'Cruz also received a Foreign Legion unit award for marksmanship.

    The case is D'Cruz v. BATFE.
     
  2. riverrat373

    riverrat373 Washington State Member

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    I wish the NRA and Mr D'Cruz good luck in this suit!:thumbup:
     
  3. toobigtofail

    toobigtofail PDX Member

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    Yeah, they should sue so 18 year olds can drink, too. Ain't gonna happen.
     
  4. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Just raise the age for everything to 21. Problem solved.
     
  5. Karma

    Karma the woods in Oregon Active Member

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    If you are old enough to fight in a war at 18, you are old enough to have a gun at home. I hope the NRA gives them a good beating.
     
  6. U201494

    U201494 Well-Known Member

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    Brilliant.
     
  7. snew

    snew Hillsboro, OR Active Member

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    Most of the stupidest people I know are 18-30 years old. I say we take the right to vote away from that age group as well.
     
  8. hatchj

    hatchj Milwaukie, OR Member

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    How I see it, is that. If you can own one in that age group.. Why not be able to buy from the feds? I wish 'em good luck in that case. Probably won't happen though
     
  9. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    Nice generalization. I can add to that. Most of the stupidest people I know are 18-30. Most of the smartest people I know are 18-30. Oddly enough, most of the people I know are 18-30. So I guess all of that generalization means nothing:bluelaugh:
     
  10. gearhead

    gearhead NC Active Member

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    stupidity is not constrained to any age group. I've met a lot of people who should not own weapons, ranging from 18 year old girls to 50 year old men. (i base my assumption in every case on the fact that they pointed a live weapon at me and/or my family while at the range)
     
  11. 56kninja

    56kninja Portland Member

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    Should of shot them.
    Unless they are family.. You better be a cop or family if you want to point a live gun at me and not get shot.
     
  12. eriknemily

    eriknemily Tillamook County (Cheese!) Member

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    Good luck winning that one in court.
     
  13. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Ain't gonna? Already has happened in a few states but it didn't work out so well so the age was raised again. Bars along some state borders were packed full of 18-20 year olds getting drunk and driving back across the border at closing time.
     
  14. spengo

    spengo GLORIOUS CASCADIA Active Member

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    HEY. :|

    You know *some* 21yos are responsible, have finished college, and have a full time job just like you.

    Anyway I thought the handgun ban was stupid when I was <21, but I just bought them in private sales and bought "carbine ammunition" to shoot. Stupid law that doesn't have any real effect. I was annoyed I had to wait to get my concealed carry permit though.

    And everyone knows how effective the alcohol age limit is I'm sure. :bluelaugh:
     
  15. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    Prohibition works for alcohol, and i know at 18 i didn't own a handgun either.

    I hope this passes, talk about a jump in my handgun sales.
     
  16. spengo

    spengo GLORIOUS CASCADIA Active Member

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    It... does? :confused: Not that I am suggesting anything, but pretty much everyone had a friend over 21. The only alcohol I ever felt prohibited from having was in bars/pubs. I was still really glad when I turned 21 though, there are so many great microbreweries that don't bottle!

    Isn't it kind of strange that at 18 you are apparently responsible enough to go to a foreign country and kill brown people, but not responsible enough to imbibe alcohol? :nuts:
     
  17. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    sarcasm is hard to type.

    What is more strange to me on the 21 and over for handguns is you can buy a rifle or shotgun at 18, both of which are IMHO a much more effective tool for killing then a handgun. So at 18 if you want to buy a gun to kill someone you already can. If you are going to you already have the tools available to you. A bullet is a bullet no matter what it is fired out of.
     
  18. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I have whiskey for my men, beer for my horses, and ammo for my pistolas!!