Gun Rights Groups File Lawsuit Against Xavier Becerra On 18-21 year old age Gun Purchase Ban

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Aim1

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I agree with this lawsuit. When you turn 18 you are an adult in the eyes of the law. You serve in the military, serve on a jury, be drafted and so forth. How can you be old enough to vote but not own a gun? I also think the drinking age should be 21 years old. If you can take a bullet for your country you can take a beer.

What is the chance of winning this?


I’m surprised no one has taken this to SCOTUS yet.

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https://www.kpbs.org/news/2019/jul/02/gun-rights-groups-file-lawsuit-against-xavier/
 
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If we had a "universal militia" interpretation of the 2nd Amendment -- something for which I have been advocating -- 17- through 20-year-olds would be members of the militia, and thus entitled to full gun rights. (That lower age limit is specified in 10 U.S. Code § 246.) (On the other hand, those of us 45 and older might age out. I'll take my chances as an "emeritus" member of the militia.)
 
First off, it is already federal law that the legal age to own a gun is 18, I was buying handguns as a 19 year old and it was perfectly legal. There should not be any age restriction, the right bear arms is guaranteed by virtue of you being human the Constitution only acknowledges that right. It should be up the parents when/if a child is ready for a gun, we have members here that were responsible for shooting,hunting, and maintaining their weapons at the age of 5 on up. The government does not get to dictate the sale or transfer or ownership of personal property
 
Time for SCOTUS to rule on this and many other 2A/gun rights cases.

Support this case and CRPA to fund legal battles in CA.
 
First off, it is already federal law that the legal age to own a gun is 18, I was buying handguns as a 19 year old and it was perfectly legal.
Federal law doesn't specify a minimum age to own a gun. It specifies minimum ages to purchase a gun from an FFL dealer: 18 for long guns and 21 for handguns. The new age limits that are being discussed are at the state level.
 
Federal law doesn't specify a minimum age to own a gun. It specifies minimum ages to purchase a gun from an FFL dealer: 18 for long guns and 21 for handguns. The new age limits that are being discussed are at the state level.

Small clarification: federal law DOES specify a minimum age to possess a pistol (18). It is only the transfer of a pistol (or anything other than a rifle or shotgun) through a FFL that has the requirement to be 21.

Though as you mentioned, this may not have much bearing as the case is based on state law.

USC 922(x)
(1)
It shall be unlawful for a person to sell, deliver, or otherwise transfer to a personwho the transferor knows or has reasonable cause to believe is a juvenile—
(A)
a handgun;

[...]

(2)
It shall be unlawful for any person who is a juvenile to knowingly possess—
(A)
a handgun;

[...]

(5)
For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
 
Incorrect. Federal law dictates that you must be at least 18 to own a handgun you must be 21 to buy from a dealer, yes. https://www.atf.gov/questions-and-a...8-and-21-years-age-acquire-handgun-unlicensed

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

The statute you quoted says that a person between 18-21 may acquire from an unlicensed (non FFL) individual. It's silent on the age to own. If you want to argue that below 18 cannot acquire a handgun from another person thus cannot own one, that would also apply to rifles and shotguns. In other words the rifles, shotguns, and handgun I have given to my grandson were acquired from me before he was 18 thus in violation of the statute.
 
An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

The statute you quoted says that a person between 18-21 may acquire from an unlicensed (non FFL) individual. It's silent on the age to own. If you want to argue that below 18 cannot acquire a handgun from another person thus cannot own one, that would also apply to rifles and shotguns. In other words the rifles, shotguns, and handgun I have given to my grandson were acquired from me before he was 18 thus in violation of the statute.
Did you not read my comment above ? I am fully in support of parents or guardians giving a firearms to young one at the age they deem the person fit. All I was saying is that federal law states an 18 year old can own a handgun. That is it, there's no imaginary fight your seeing.
 
The statute you quoted says that a person between 18-21 may acquire from an unlicensed (non FFL) individual. It's silent on the age to own.
18 U.S.C. section 922(x)(2) says
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
Later on, section 922(x)(5) defines a juvenile as a person less than 18 years of age.
There are certain exceptions including written parental consent.
I was wrong in what I posted earlier.
 
When you turn 18 you are an adult in the eyes of the law.
Sort of.
Can't drink. Can't rent a car. Some states limit your ability to sign contracts. There's even a push to raise the tobacco age limit to 21. For certian felonies, majority is 16.

We have not had a non fractional majority since the early 80s.

In principal, we have a general majority at 18, which ought to be the rule of it.

Mind, this "purchase age" thing is only 50 years old, it only dates back to the '68 GCA. Our nations managed for nearly two centuries to get along without needing an age limit for firearm purchases. Mind, in the time of the Founders, majority ranged from around 16 to 25, which largely depended upon if you self-emancipated, or were relying upon the maturity of a trust or family holding.
 
In Texas you have to be 21 to purchase tobacco products or e-cigs. Unless you're active duty military.

IMHO it's getting stupid. Either you're an adult or you're not. Some on the Left want to lower the voting age to 16. I say fine, as long as that's when you're considered an adult and able to buy alcohol, tobacco, firearms, and explosives.
 
18 U.S.C. section 922(x)(2) says
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
Later on, section 922(x)(5) defines a juvenile as a person less than 18 years of age.
There are certain exceptions including written parental consent.
I was wrong in what I posted earlier.

Duly noted. Quite frankly I was ignorant of that federal statute. You've added to my knowledge.
 
“What is the chance of winning this?”

Unlikely.

As already correctly noted: to possess is not the same as to purchase.

Second Amendment jurisprudence concerns the right to possess a firearm, not necessarily a right to purchase one.

And the Heller Court reaffirmed the constitutionality of “laws imposing conditions and qualifications on the commercial sale of arms.”

“Time for SCOTUS to rule on this and many other 2A/gun rights cases.”

Also unlikely.

The Court has shown no interest in hearing Second Amendment cases, and understandably so – the justices seem content to allow Second Amendment case law to continue to evolve as the states enact firearm regulatory measures and as the lower courts review those measures – measures the High Court does not consider ripe for review.

“The Supreme Court is not necessarily our salvation.”

True.

Such is the irony of a conservative Supreme Court supportive of states’ rights and hostile to litigation it considers to be unwarranted and burdensome – where conservative legal dogma maintains that when citizens believe their rights to have been violated by government, they should seek relief through the political process, not judicial.
 
Forty-some years ago (early 70s), Ill-ANNOY dropped the age for beer and wine to 18. It was such a disaster that a couple of years later (1/1/76), they kicked it back to 21. I was in a college with some notoriety of being a "party school" at the time and a lot of the students were upset by the change back to 21. However, there were fewer fights and other problems after the change.
 
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