Posted on 08/02/2013 9:55:38 AM PDT by neverdem
The gun lobby is challenging a law that bans the sale of handguns to those between 18 and 21
The National Rifle Association is asking the Supreme Court to overturn a federal law that prevents federally licensed gun owners from selling handguns to people over 18 and under 21.
In a court filing(PDF), the NRA and two 19-year olds ask the court to strike down the 1968 law, which a three-judge panel for the 5th Circuit Court of Appeals unanimously upheld last year.
The law prevents licensed gun dealers from selling handguns, shotguns and rifles to anyone under 18, and further prevents the sale of handguns and ammo to anyone under 21. It does not prevent anyone between 18 and 21 from obtaining a gun through other channels, like private sales, and it does not stop them from purchasing a rifle or shotgun from a federally licensed dealer. The NRA is strictly challenging the provision of the law that applies to the purchase of handguns from licensed dealers for anyone over the age of 18 and under the age of 21.
Writing on behalf of the 5th Circuit panel, Judge Edward Prado argued that Congress was correct when it “restricted the ability of minors under 21 to purchase handguns because Congress found that they tend to be relatively immature and that denying them easy access to handguns would deter violent crime.” He added that Congress “could have sought to prohibit all persons under 21 from possessing handguns — or all guns, for that matter. But Congress deliberately adopted a calibrated, compromise approach.”
The NRA’s petition was filed in April, after eight of the 15 judges on the 5th Circuit voted against rehearing the case en banc. The filing asks the court to consider “Whether a nationwide, class-based, categorical ban on meaningful access to the quintessential means to exercise the right to keep and bear arms for self-defense can be reconciled with the Second Amendment, the equal protection guarantee, and this Court’s precedents.”
“The Framers’ decision to enshrine the Second Amendment and this Court’s decisions recognizing that the right it secures is both individual and fundamental are decisions with consequences,” the filing continues. “One obvious consequence is that individuals above the legal age of majority cannot be denied any meaningful ability to purchase the quintessential means for exercising the core individual right.”
Jillian Rayfield is an Assistant News Editor for Salon, focusing on politics. Follow her on Twitter at @jillrayfield or email her at jrayfield@salon.com. More Jillian Rayfield.
I’ve often thought the same case should be made about alcohol.
misleading title. 18 - 21 NOT minors. under 18 is minor.
This is an interesting case, especially in that age limitations for holding office are part of the Constitution itself.
To Salon anyone purchasing a gun under 21 is a minor. However, the fruits at Salon probably think sex with a 16 year old boy should be legal because that’s old enough to decide. It’s the perverse nature of the socialist.
I am of the opinion that if we ban the purchase of handguns to the 18 to 21 crowd, we should also prevent them from voting, buying alcohol, etc.
OR
We say that they are adults and responsible for their actions and are then allowed to purchase guns, ammo, alcohol, vote, etc.
A person is an adult at 18-old enough to enlist in the military-if someone is old enough to fight, and maybe die for their country, they are old enough to buy alcohol, cigarettes, a gun, and do whatever else any other adult can do.
I would love the gun culture to spread to a point where my 10yo Daughter can go buy her own .223 ammo from the local Walgreen’s.
As it should be.
“The right to keep and bear arms shall be extended to all who have reached legal voting age.”
Then the liberals would have to figure out a way to raise the voting age without ticking off the mush brain college kids.
LOL - I did not think of that but you have great point!
“I would love the gun culture to spread to a point where my 10yo Daughter can go buy her own .223 ammo from the local Walgreen’s.”
What is the reason that she can’t? A state law?
Hey, NRA, why not a case about reciprocity ala Alaska, Arizona, etc.? How about an easy Constitutional carry, something that should be a slam dunk w/ the latest ‘gay marriage’ going around.
Hopefully, this petition starts the ‘shall not be infringed’ battle to the forefront.
Either we have Rights, or we have privileges. Rights do NOT require permission (license) from the gov’t.
Actually states set their own age of majority. One can be both a minor under federal law and of majority under state law.
Personally, I wouldn't be against raising it back to 21 where it was under common law originally. Most 18 year old kids are still somewhat daim bramaged. :)
Yep.
How many 18-20 year-olds are currently serving in our military.
And you just insulted all of them.
If you are old enough to serve in the military, you are old enough to own a firearm.
At what age is a person vested with the rights of a citizen? We have a patchwork of ages for drinking, driving, owning long guns, handguns, age of marriage without parental permission, signing contracts, criminal records & charges, etc. Also in some states, one can become “emancipated” by the courts at an early age if one is mature enough and doesn't have good parents.
Perhaps, the question should expanded by additional litigation, so we determine whether certain age definitions are state or federal issues.
So how did Trayvon get his handgun?
Ponder this.
Under Obamacare, that age is now 25 (when you go off your parents healthcare
Almost as old, the Second Militia Act: The second Act, passed May 8, 1792, provided for the organization of the state militias. It conscripted every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company. (This was later expanded to all males, regardless of race, between the ages 18-54)
Those assigned to crew served weapons in modern military units often just have handguns as their personal weapons, e.g. machinegunners.
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