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20 year old sues Dicks and Walmart

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  • Younggun

    Certified Jackass
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    hill co.
    They sell guns but they will not sell to him based on his age which is legal according to the law. They have infringed on his right to buy a gun (from them if that makes you feel better) and it is relevant because the gun is not just a "product" but a right that is constitutionally protected.

    Your analogy about TGT is not relevant because no one on here really has free speech only what the owner and moderators decide. There is no expectation of free speech here. If the stores were not open to the public, maybe I could see it.

    There is an expectation to go buy a firearm from a place that sells them to the public if they meet the requirements the law dictates which this person obviously does.




    Sent from my iPad using Tapatalk

    This forum is open to the public as well.

    You just said its age based discrimination. I haven't dissagreed with that. But it's not more a 2A infringment than the stores that don't allow concealed carry. You simply go somewhere else.

    He has no right to buy a gun from them. They could stop selling guns altogether and it wouldn't be an infringment on his 2a right would it? If their choice to sell no guns wouldn't be an infringment then their choice not to sell 1 gun isn't either. It's simply discrimination which is illegal according to our current system which doesn't believe business owners have the right to choose who they refuse service to and for which reasons.

    Not a 2A case.
    Military Camp
     

    Big Dipper

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    “No shirt, no shoes, no service” is also discriminatory.

    Topless and shoeless are not protected groups, and can therefore be freely discriminated against by any business or person.

    If there is an Oregon law that puts 20 year olds into a protected group, he might have a chance. I do not believe that there are any Federal laws that do that.
     

    toddnjoyce

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    Oh man... that would have been fun to try out.

    Did it with our 18 year old daughter and 19 year old son at Pete’s Piano Bar on 6th In Austin. This was 2012.

    Men drank Shiner, women drank fruity cocktails. Kids got carded, I showed my ID and we were good to go.
     

    sharkey

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    This forum is open to the public as well.

    You just said its age based discrimination. I haven't dissagreed with that. But it's not more a 2A infringment than the stores that don't allow concealed carry. You simply go somewhere else.

    He has no right to buy a gun from them. They could stop selling guns altogether and it wouldn't be an infringment on his 2a right would it? If their choice to sell no guns wouldn't be an infringment then their choice not to sell 1 gun isn't either. It's simply discrimination which is illegal according to our current system which doesn't believe business owners have the right to choose who they refuse service to and for which reasons.

    Not a 2A case.

    And that is what they should have done then, stop selling guns altogether. IF you sell firearms then it should be available to every customer that meets the standard to purchase it by law. Because the "product" is in essence a constitutionally protected item then yeah it IS a 2A issue.

    This forum is open to membership here but what we post IS approved by moderators. You clicked on the terms and policies when you registered here. The only speech allowed here is what moderators and the owner allows.


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    Younggun

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    hill co.
    And that is what they should have done then, stop selling guns altogether. IF you sell firearms then it should be available to every customer that meets the standard to purchase it by law. Because the "product" is in essence a constitutionally protected item then yeah it IS a 2A issue.

    This forum is open to membership here but what we post IS approved by moderators. You clicked on the terms and policies when you registered here. The only speech allowed here is what moderators and the owner allows.


    Sent from my iPad using Tapatalk

    And why shouldn't the only sales at a store be what the owners allow, considering that upon entrance you agree to the policies of said store?



    And to be clear, I'm not debating the legality of the denial as the law in that state obviously says you may not discriminate based on age. I'm simply discussing the deeper philosophy on which our differing opinions are based. Nor am I saying that I agree with the policies. I hope to have this discussion in a civil manner.
     

    TheDan

    deplorable malcontent scofflaw
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    Did it with our 18 year old daughter and 19 year old son at Pete’s Piano Bar on 6th In Austin. This was 2012.

    Men drank Shiner, women drank fruity cocktails. Kids got carded, I showed my ID and we were good to go.
    boooooo... I want to hear stories of Nose Nellies getting their panties twisted over it.
     

    BRD@66

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    Seems like the Florida news article equates the phrases "gun possession" and "gun sales". Is that what's being proposed - not that an 18 yo can't buy a gun but that he can't possess one??
     

    dapakattack

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    I see Wal-Mart in the near future not selling ammo nor firearms (I recall when they use to sell handguns). They have not been the small town Southern store for many years. If this case goes to trial and the ruling is against them, Wal-Mart may just say screw it, we won't sell those items to anyone.
     

    toddnjoyce

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    Hopefully the governor has enough sense to veto that crap.

    I’ve been watching SB 7026 pretty closely since it is a knee-jerk reaction and it’s “comprehensive” legislation in what many believe is a pro-2A State.

    The age restriction is below, buried in a 105-page bill.


    790.065 Sale and delivery of firearms.—
    (13) A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    My lay interpretation is this will only impact FFL purchases and it does nothing about face to face transactions, nor does it prohibit possession.

    The state has the legal right to be more restrictive, whether I like it or not, but this does nothing to actually address the problem and leaves a giant loophole.

    ETA: the vote to approve want a land-slide and the FL governor doesn’t like parts of it, but no one really knows what he’s going to do.

    Based on his only comment on this bill, I believe he will sign it.

    http://www.miamiherald.com/news/politics-government/state-politics/article203912269.html
     

    busykngt

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    On tonight’s news (CBS), Sen. Cornyn announced he “has the votes” to pass his ‘fix NICS’ bill.

    The Florida law was passed by Republicans in their state legislature too. I’m not surprised the governor signed it. He would have really created a firestorm down there if he had’t signed it.

    Now we just wait for the next shooting (school, church or entertainment venue) and they’ll be back with more infringements. I fully expect that “mental illness” provision to be abused earliest by the antis - they’ve really opened the door there!
     
    Last edited:

    sharkey

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    And why shouldn't the only sales at a store be what the owners allow, considering that upon entrance you agree to the policies of said store?



    And to be clear, I'm not debating the legality of the denial as the law in that state obviously says you may not discriminate based on age. I'm simply discussing the deeper philosophy on which our differing opinions are based. Nor am I saying that I agree with the policies. I hope to have this discussion in a civil manner.

    Seems like we are civil, we just disagree. I am as nice as people allow me to be. The policies of the store are not in line with what federal law says. If you went to Walmart to buy a mower and they said no, you are too old, that would be age discrimination. Because it deals with a firearm and a Constitutional right, it IS a 2A issue. It is that simple. See, you do not have a Constitutional right to own a mower but you do have one to buy a firearm (provided you meet the restrictions set by law, NOT a corporate entity.)

    Now in the Startlegram Sunday, they ran a story on the NRA suing FL for their revamping of the law to buy a rifle at 21y and they cite denying a citizen a basic Constitutional Right.

    You can have the last word on this, I've made my opinion based on the subject perfectly clear.
     

    oldag

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    Seems like we are civil, we just disagree. I am as nice as people allow me to be. The policies of the store are not in line with what federal law says. If you went to Walmart to buy a mower and they said no, you are too old, that would be age discrimination. Because it deals with a firearm and a Constitutional right, it IS a 2A issue. It is that simple. See, you do not have a Constitutional right to own a mower but you do have one to buy a firearm (provided you meet the restrictions set by law, NOT a corporate entity.)

    Now in the Startlegram Sunday, they ran a story on the NRA suing FL for their revamping of the law to buy a rifle at 21y and they cite denying a citizen a basic Constitutional Right.

    You can have the last word on this, I've made my opinion based on the subject perfectly clear.

    This seems to be a frequent topic of disagreement on this site. Those who say "By golly, a business owner can do whatever he wants with his business!" And those who feel that constitutional rights trump the business owner's whims.
     

    easy rider

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    Whatever the case, it is the consumer that has a choice on where to buy. Although I like that this 20 year old is suing, since it points out what I feel is an injustice. I probably would have taken my business elsewhere and urge others to do so also.
     

    oldag

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    On the general topic of raising the legal age limit, Fox now reporting that Trump has backed off raising the age to 21.
     
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