18 Year Old Challenges Federal Age Restrictions in Court

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http://lubbockonline.com/local-news/2010-09-14/lubbock-teen-challenges-federal-gun-law

"A Lubbock courtroom could be the location of a major change in national gun laws.

James A. D’Cruz, 18, has asked a federal judge to declare unconstitutional the ban on handgun sales by federally licensed dealers to 18-20-year-olds."


Good for him. There is no rational basis for denying an individual old enough to serve in the armed forces, vote and be executed for capital crimes the right to purchase a handgun absent some other valid disqualifier.
 
Yep at age 18 or 19 you can be in charge of machinery that cost tens of thousands of dollars and carry a weapon in defense of your country. Used to be you couldn't order a beer or even vote. Bugged a lot of us but it sure made that 21st birthday a hum dinger!
 
From the article:

University of Texas School of Law professor and Second Amendment expert Lucas Powe said 18-year-olds are considered adults in some situations and considered minors in others, such as in regards to alcohol consumption.

“There is no second amendment right for a 6-year-old, so it is a matter of line drawing since a blanket ban on adults is unconstitutional under Heller,” Powe said in an e-mail.
Click to expand...
For a Professor of Law, he seems woefully ignorant of how natural rights work. All 6 year olds have a right to keep and bear arms; however, since they are not yet legally responsible for themselves, their parents retain discretion to allow or disallow the exercise of that right.
 
I find it very sad that Americans are so ignorant that they not only fail to understand their rights, they actively promote that ignorance.
 
a democratic society could achieve a better consense about this.

it makes sense to put age-laws on drugs, cars, guns ( & responsibility as a whole)

Alcohol should be 16, ... so everyone can experience the influence on self-control and decision-making.

with 17-18 Driving license ...

... and with 19-21ish guns.

That way first the concept of "control/soberness" is established,
that will be taken away, when abused.

in short:
I rather have parents, older friends "own" the guns of a young person
and supervise him ... ( legally) till he goes gun-adult
than have boys drinking n stuff in secret, while already legally
owning guns ........

make any sense to anyone?

open for input. ( If there is interest in discussion, we should probably make another thread, courtesy/depth.)
Cheers Mp7
 
It's an NRA case.

Interestingly, 18 year olds CAN buy a pistol- as long as they get it in a private purchase, and not through an FFL.

So, the federal gov deliberatly makes it illegal for sub 21s to buy a gun in a manner that would involve a background check... but buying one out of the trunk of a car in a wal-mart parking lot is just fine!

Good luck to him! Sounds like a good case.
 
I'm celebrating the 8th anniversary of my 21st birthday.

All joking aside, good for him. Are there any links to help support him in any way?
 
I hope this goes through.
This country really needs to more clearly define the definition of adult, if a 13 year old commits a hanus crime, he/she is an adult but a 20 year old cant have a beer in a bar :confused:
 
First hand i have seen this, I view the 21 ban a problem. I believe its much safer to do a pistol transaction through a FFL dealer rather than in person with someone you dont know. The law states if you have reason to believe the person you are selling the gun too is a criminal then you are required to check and make sure he is legal. If you think the person is not a felon then you don have to do anything. This law causes more danger than it does good. I will be finding some contact info on this kid and support him 100% I want this law changed!
 
If you are old enough to be killed in the military:

You are old enough to have a beer in a bar and old enough to buy a handgun.

And this is coming from an 18 + 30 year old.
 
We need a lot of people to help out on this one, it shouldnt be very hard to show that the 21 handgun ban is ridiculus and uneccesary.
 
General Geoff said:
From the article:


For a Professor of Law, he seems woefully ignorant of how natural rights work. All 6 year olds have a right to keep and bear arms; however, since they are not yet legally responsible for themselves, their parents retain discretion to allow or disallow the exercise of that right.
Click to expand...
We call that "Not seeing the woods for the trees".

I hope he's successful.
 
on one hand i say good for him, there are a lot of responsible 18 year olds out there. on the other hand, there are a LOT of imbeciles that age too.....

like others, i think if someone can kill people in defense of their country, then they should be allowed to buy a pistol, or drink a beer.

i do hope he wins, but i don't see that happening.
 
I can recall 18-20 year olds who were new sheriff's deputies having their moms come into the shop to buy them a duty weapon.
Click to expand...
That's kinda funny, in a sad sort of way. I really hope that this goes through.
 
yea there are alot of imbeciles age 18-20, but there are just as many over 21, to say you become more responsible after your 21 is completely ridiculous, being 19 I am so frustrated with this stupid law, I am joining the marines next year, in an honor society at the college that I am attending full time, and have no record or any other problems, i have taken numerous firearm training and safety courses and i show adults how to fire, disassemble, and safely operate their own handguns so wouldnt i be more qualified than others over age 21? same thing with drinking, the least the government could do is allow those in the armed forces/law enforcement under 21 to drink and own handguns, they have earned at least those rights ... it frustrates me to even have to take a case like this to court, its common sense

did they say the only legal way for someone 18-20 to get a handgun is through a face to face sale where the buyer and seller are from the same state? or did i read that wrong?
 
Good luck to him!

So if at 18 you can buy a rifle but not a pistol, then what makes a person mature enough to shot a long-gun but still to immature to handle a pistol? This the question I've always asked. And it's also an apples-to-apples comparison where-as trying to compare buying a pistol to anything else is an apples-to-orange comparison.
 
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