Oregon: 20-Year-Old Sues Dick’s Sporting Goods for Refusing to Sell Rifle

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I do as well. It is strange that so many "conservatives" are willing to have government force private business operators into transactions they do not want to carry out. Next thing you know someone will be suing Chick-fil-A for being closed on Sundays.

This would be applicable if Chick-fil-a only served a certain class of people on Sundays. They're closed to everyone and are therefore not discriminating against a class of people. No one is saying the government should force private business operators into transactions they don't want to carry out. That would be true if, for example a lawsuit was filed to force Dick's to sell AR-15's. What this lawsuit says is that it's legal for a 20 year old to buy a rifle and under Oregon law Dick's can not discriminate. The anti's are chipping away at our 2A rights, and I'm happy to see people push back.
 
I suspect the real problem will be by the time the court takes it up it he will be 21. That means the case just goes away.
The case doesn't just go away because the person bringing the suit ages out. The suit is based on factors at the time the event took place, not the time that the lawsuit is heard.

If this guy ONLY wanted to buy a rifle, he would have just gone somewhere besides Dicks. But he wants to make a test case that hopefully winds up being good caselaw to support future lawsuits. He won't just decide to drop it.
 
I suspect the real problem will be by the time the court takes it up it he will be 21. That means the case just goes away.
Not likely. When a problem goes away while litigation is pending, it may be "mooted out." There's an exception to the mootness doctrine (at least under federal law) that will keep a case alive. When a case is technically moot, but the problem could keep recurring, maybe because it's due to something like age or pregnancy* (or something that has a short "life span"), the courts will still hear a case because it's "capable of repetition yet evading review."



* = Do not take this as leave to discuss abortion.
 
If Oregon changes the State law to "no firearms until 21" would this moot the problem??

I would think that would then become a federal case, as you would have a state law being contested as violation of someone's civil liberties.

I agree with others here that I simply can't support any case against a private business citing the business' refusal to sell products to them. The sad thing is all the confusion is part of the unintended consequences the Civil Rights Act gave us. Contrary to modern belief many people who opposed it weren't racist, rather they were worried about government mandating how private citizens used their private land/business as well as the ensuing double standards and hypocrisy that would come of it.

At the end of the day, our civil liberties are nothing more than extensions of property rights. And the Civil Rights Act opened the door to federal interpretation and regulation of those property rights.
 
Florida Governor just signed School Safety Act which raises the age for rifles to 21. Also bans Bump Stocks,
 
Does it seems that "of age" is defined by the State based on different legal rights. One for voting, a different one for marriage and another one for guns??
This--state-mandated ages of majority--is a thorny issue.
18 is something of a settled age for many things, other than drinking, and certain contracts.

However, what may be entirely germane to this Oregon case is that "government" is not setting the standard, but a private retailer is the actor here. And barring there being rather a large body of actuary metadata (what car rental agencies use to "discriminate" against the under 25), this might be argued as a capricious action.

Where this case is weakest--to my eye--is in an objection noted above: It is only the one retailer. Respondant may be tasked to demonstrate just what specifically DSG provides that other retailers do not.
 
Isn't the Federal handgun law mandating 21 as egregious on a Constitutional basis? Why aren't there Federal Court lawsuits?
 
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Isn't the Federal handgun law mandating 21 as egregious on a Constitutional basis? Why aren't there Federal Court lawsuits?

Yes it is.

The problem is that the majority of people don't seem to care, and it's incredibly difficult for someone 18-20 years old to afford a federal court challenge. It's much easier to drum up funding for something like this that is in the media spotlight.

Then you have the people who think tadults between 18 and 20 shouldn't even be allowed to possess pistols, even though federal law already makes it legal for them to possess the weapons (USC 922 (x)).

Bottom line - a 21 year age limit for rifles is a current gun control push and is a big change to the current rules so it's much easier to get people worked up about it. So that's where the money is going for lawsuits.
 
This--state-mandated ages of majority--is a thorny issue.
18 is something of a settled age for many things, other than drinking, and certain contracts.

However, what may be entirely germane to this Oregon case is that "government" is not setting the standard, but a private retailer is the actor here. And barring there being rather a large body of actuary metadata (what car rental agencies use to "discriminate" against the under 25), this might be argued as a capricious action.

Where this case is weakest--to my eye--is in an objection noted above: It is only the one retailer. Respondant may be tasked to demonstrate just what specifically DSG provides that other retailers do not.

Didn't he file suit against WalMart also.??
 
Do the lawsuits need to be filed in the State of a business "home" or headquarters?
 
The MI case will be interesting. Because MI has already ruled against Car Rental agencies and adapted a statute purposly aimed at age discrimination by them. The fact of the matter is while a business can refuse to sell to an individual, according to the MI Constitution they can't discriminate against a "class" of people and Age is one of the definnning classes. And in this case Dicks announced this discriminatory policy. This isn't like a company that may have had an internal memo promoting discrimination or created a climate of discrimination like the Dennys or Cracker Barrel cases of a few years ago. The company essentially announced proudly they were going to violate the law as a matter of Policy and while some local judge may play a game with it, the MI Supreme Court is fairly conservative. I can't see Dicks winning this case in MI.

I also can't see Field and Stream staying in business in the state of Mi. I'm certainly not going to shop there for anything. And the MI Hunting and Fishing community is a fairly conservative one politically. I don't hunt personally any more but I'm a fanatical fly fisherman and still do quit a bit of shooting. The other issue is Dicks unlike Wal Mart didn't just pull the AR15's (WM did it years ago) off the shelf and announce a 21 age limit, they also announced that they were going to lobby legislativly to assault the Second Ammendment. So they want to impose their morality on everyone else.
 
Do the lawsuits need to be filed in the State of a business "home" or headquarters?
There are lawsuits in different States, and the suits appear to be based on state, not federal, law.

That means that the suit in general needs to be filed in the State in which the law upon which it's based applies. So, far example, the Oregon suit was filed in Oregon state court.

The Oregon state court has jurisdiction of the claim against the national company defendant based on principles of what's call long arm jurisdiction. So in this case, Dick's, is amenable to the jurisdiction of the Oregon state courts insofar as (1) it conducts business in Oregon; and (2) the claim arises from the actions of Dick's in connection with its conduct of business in Oregon.

In addition, a corporation as a condition of qualifying to do business in a State must designate an agent in that State who can receive service of process (i. e., lawsuits and other legal notices).
 
Not likely. When a problem goes away while litigation is pending, it may be "mooted out." There's an exception to the mootness doctrine (at least under federal law) that will keep a case alive. When a case is technically moot, but the problem could keep recurring, maybe because it's due to something like age or pregnancy* (or something that has a short "life span"), the courts will still hear a case because it's "capable of repetition yet evading review."



* = Do not take this as leave to discuss abortion.

Hope this doesn't qualify as "discussing abortion" but isn't that exactly what happened in the landmark Roe vs. Wade case? By the time the case made it to SCOTUS the kid had been given up for adoption and was several years old IIRC. There's no way this case makes it all the way through the courts before this kid turns 21.

In addition, a corporation as a condition of qualifying to do business in a State must designate an agent in that State who can receive service of process (i. e., lawsuits and other legal notices).

Am I correct that this only applies to corporations that have a physical presence in the state? So Amazon doesn't have to designate an agent in every state just because they mail stuff to them, right?
 
.....Am I correct that this only applies to corporations that have a physical presence in the state? So Amazon doesn't have to designate an agent in every state just because they mail stuff to them, right?
No. If the corporation does business in the State even without a physical presence, it needs an agent in the State to receive service of process (and it must make various filing with the Secretary of State, or some other executive department, designating the agent, identifying officers, etc., which is a public record). If a corporation is doing business in a State it may be sued in that State, at least in connection with the business it does in the State.

An agent for receipt of service can often be a lawyer in that State, or there are business which provide various services to corporations doing business without a physical presence in a State, including acting as an agent for receipt of service of process and making required governmental filings.
 
Hope this doesn't qualify as "discussing abortion" but isn't that exactly what happened in the landmark Roe vs. Wade case? By the time the case made it to SCOTUS the kid had been given up for adoption and was several years old IIRC. There's no way this case makes it all the way through the courts before this kid turns 21.
We'll call this "discussing the mootness doctrine." Sometimes, a case becomes moot -- the questions at issue in the case may still be open, but there's no longer any need for a court to decide the issue. For example: Plaintiff Paul sues The University (whichever one), claiming that Policy X is discriminatory. Policy X only applies to seniors, so Plaintiff Paul hasn't been affected by the policy yet, but he will be next year. During the course of litigation, The Board of Regents of the University decides that Paul was right, and changes Policy X. The case is now moot.

There's an exception to mootness called "capable of repetition, yet evading review." And it's exactly what happened in Roe v. Wade, and I think the exception applies here. In theory, once the Plaintiff in R v. W gave birth, the case was moot. But because it was an important question, and could virtually never make it to SCOTUS before a woman gave birth, it was "capable of repetition, yet evading review." It's almost impossible for a person 18+ to try to buy a rifle, be denied, and get all the way to SCOTUS before turning 21. At 21, the case is moot for that plaintiff, but it is "capable of repetition, yet evading review."
 
Fred Meyer (Kroger) has responded to their lawsuit by announcing they are dropping the sale of guns and ammunition completely.
 
Fred Meyer (Kroger) has responded to their lawsuit by announcing they are dropping the sale of guns and ammunition completely.
Fair enough. That is the logical solution if the seller cannot bear the possibility of their product being used to kill, which was Dick's stated motivation. Maybe Dick's should follow suit?
 
Fair enough. That is the logical solution if the seller cannot bear the possibility of their product being used to kill, which was Dick's stated motivation. Maybe Dick's should follow suit?

Can't bear the possibility my foot! In their target location other products generate far more income per square foot than firearms. This is no more than a marketing ploy to make a change in policy that I will bet you good gold coins against US promissory notes has been on the floor for a long time waiting for this sort of thing to happen so they can make political points.

Call me cynical if you like, or maybe I'm just being a tulala... It wouldn't be the first time, but I fully believe this has far more to do with marketing than it does morality.
 
Can't bear the possibility my foot! In their target location other products generate far more income per square foot than firearms. This is no more than a marketing ploy to make a change in policy that I will bet you good gold coins against US promissory notes has been on the floor for a long time waiting for this sort of thing to happen so they can make political points.

Call me cynical if you like, or maybe I'm just being a tulala... It wouldn't be the first time, but I fully believe this has far more to do with marketing than it does morality.

That's possible but I see no advantage to the dramatic way they are doing it. I believe it was Krogers making a thing out of removing most if not all gun magazines from their shelves. That's kind of a poke in the eye.
 
That's possible but I see no advantage to the dramatic way they are doing it. I believe it was Krogers making a thing out of removing most if not all gun magazines from their shelves. That's kind of a poke in the eye.

Mainly because their targeted market is city people and a large segment of city people are swayed by this kind of posturing.
 
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