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NRA Challenges Constitutionality Of Fed. Handgun Ban For Law Abiding 18-20 Year Olds

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  • swsmailman

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    Jan 22, 2010
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    The NRA is challenging federal laws that prohibit law-abiding Americans eighteen through twenty years of age from legally purchasing a handgun through a federally licensed firearm dealer. The case was filed Tuesday evening in the United States District Court for the Northern District of Texas Lubbock Division. James D’Cruz of Lubbock, TX is the plaintiff in this case.
    “In Heller and McDonald, the U.S. Supreme Court clearly stated that the Second Amendment guarantees a fundamental, individual right to keep and bear arms for all law-abiding Americans,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “That right is not limited only to Americans twenty-one years of age and older. Indeed, throughout our nation’s history, adults beginning at age eighteen have served in the military and fought for this country with honor. But while the Supreme Court has consistently made clear that the federal government cannot ban or unduly restrict sales of items protected by the Constitution, the federal government continues to prohibit these adults from purchasing handguns from federally licensed dealers, which represent the largest and most accessible means of purchasing handguns.”
    The suit asserts: “At eighteen years of age, law-abiding citizens in this country are considered adults for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights. Indeed, at eighteen, citizens are eligible (and male citizens could be conscripted) to serve in the military-to fight and die by arms for the country. Yet, Section 922(b)(1) prohibits law-abiding adults in this age group from lawfully purchasing — from the most prevalent and readily available source — what the Supreme Court has called “the quintessential self-defense weapon” and “the most popular weapon chosen by Americans for self-defense in the home.”
    The plaintiff, Mr. D’Cruz, is well-trained in the proper handling and use of firearms, including handguns. His initial training was with his grandfather, a World War II veteran, who wanted his grandchildren to understand the proper and safe techniques for use and storage of firearms. Mr. D’Cruz received further training from his father and as a member of the Navy Junior Reserve Officer’s Training Corps, where he achieved the rank of Lieutenant Junior Grade. During his junior and senior years of high school, Mr. D’Cruz was a member of the JROTC’s marksmanship team, and as member of that team has competed in regional and national marksmanship competitions. Mr. D’Cruz received numerous awards, including a first place medal for marksmanship, in a regional competition. Mr. D’Cruz also received a Foreign Legion unit award for marksmanship.
    The case is D’Cruz v. BATFE.
    Source
    NRA-ILA :: NRA CHALLENGES CONSTITUTIONALITY OF FEDERAL HANDGUN BAN FOR LAW ABIDING 18-20 YEAR OLDS




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    Shooterman

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    Personally, I'd raise everything else to 21 unless in the military.

    True story. At fifteen years of age, I drove to downtown Beaumont, as there was still a thriving downtown, parked and walked into an Oshman's Sporting Goods Store, put my cash money on the counter and walked out with a brand spanking new Mossberg 22 LR rifle. Walked to my old '38 Ford and went home. The entire time I had that little rifle, outside of a lot of paper, tin cans, and turtles, it never did harm to anything or anyone. At seventeen , I walked into a hardware store, put my money on the counter, and walked out with a Stevens Model 416 22 LR rifle, and it has never shot a soul while in my possession. ( I still own it )

    By your reasoning, I would never have been able to do that. Makes absolutely no sense to me. Once Uncle Sugar can place restrictions on a right, it ceases to be a right and those advocating such might as well wipe their asses on the Constitution.

    I may, at times, take umbrage with the NRA about certain things, but they are spot on on this issue.
     

    MR Redneck

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    True story. At fifteen years of age, I drove to downtown Beaumont, as there was still a thriving downtown, parked and walked into an Oshman's Sporting Goods Store, put my cash money on the counter and walked out with a brand spanking new Mossberg 22 LR rifle. Walked to my old '38 Ford and went home. The entire time I had that little rifle, outside of a lot of paper, tin cans, and turtles, it never did harm to anything or anyone. At seventeen , I walked into a hardware store, put my money on the counter, and walked out with a Stevens Model 416 22 LR rifle, and it has never shot a soul while in my possession. ( I still own it )

    By your reasoning, I would never have been able to do that. Makes absolutely no sense to me. Once Uncle Sugar can place restrictions on a right, it ceases to be a right and those advocating such might as well wipe their asses on the Constitution.

    I may, at times, take umbrage with the NRA about certain things, but they are spot on on this issue.

    Thats a nice story man.. But no story at all!! Thats how it should be and nothing else...
    If someone think people should be of a certain age before they are allowd to do somethin, then all that tells me is the caracter of that person. If I were to say everyone need to be 21 before they can do anything, please punch me right in my mouth..
    Example,, I dont think it necessary for people to drink during the work week. I feel that way because I choose not to drink during the work week, or for that fact, I pretty much dont drink at all!! Now I wouldnt tell Mr. Shoot he shouldnt drink during the week, it may be fine for him. I simply dont because it can interfear with my weekly scedual.
    To tell a 18 year old young man he cant buy a gun till he's 21 is just down right stupid. At the age of 18 I was working full time and going to College from 6pm to 12am 4 nights a week.. I paid all my own bill and supported myself. Anyone that got in my way got knocked out on the pavement!! I ask nothing from noone and expect nothing. Dont tell me how to act or how to live because I dont need anybody!! The desires of other people dont concern me at all untill they effect me!
    If someone thinks I should be 21 to do something, that makes me wonder about the person suggesting it.
    Im a lot older now, and I have a Nephew that just turned 18. I would trust that kid around anything before I would trust anyone else. He's been shooting and hunting for a long time now and I dont think their is a man or woman in the whole state of Texas that has any damn business telling him when or what he can buy!!!
    I enjoy fighting for the individuals right against opinionated people who think everyone should ack as they see fit. I enjoy it mostly because I hope my effort will benefit our future generations..
    To conclude, If you aren't responsible for an individual, then dont worry about what they do untill it affects you personaly.
     

    drummingchevy

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    Eh, I have mixed feelings about this. At 18, I knew I was more than mature enough to own a handgun (it helped that I was experienced and knew about firearm safety and responsibility). But for every me, there were 20 18 years olds who were not mature enough to own a handgun. I bought a 9mm through a private sale anyway and my dad gave me ammo for it, so I didn't mind too much. If you really want it, you can get it.

    Allowing alcohol AND handguns at 18. Now that's a bad idea, IMO. Young, dumb, full of cum, drunk, and carrying a loaded handgun. I'll veto that legislation.
     

    West Texas

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    Northern District of Texas, huh? Sam Cummings is the Judge...so I wouldn't expect this will go like we would hope it will go. Judge Cummings is NOT a friend of gun owners, or the rights of gun owners.

    Might want to take a look at this case...a doctor that I happened to know well, who had his life distroyed by a police officer who was sleeping with the seperated wife, a DA who is no longer in office and an over zealous Fed prosecuter and a Judge who loves to hear his own voice and see his name in print.

    United States vs. Timothey Joe Emerson
     

    texas skeeter

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    Somewhere here nor there....
    I look at it this way. I was NO WHERE NEAR MATURE ENOUGH at 18 yet i still joined the Army. I damn sure wasnt mature enough to own a gun or drink!!! I'd vote to change the age to 21 for anyone to be in the Military, own a firearm or drink!!! i figure let the kids finish being kids and the 3 extra yrs would help with more life experience and a better maturity level before we throw them off to war, let em buy a gun or get drunk!!!!
     

    West Texas

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    I look at it this way. I was NO WHERE NEAR MATURE ENOUGH at 18 yet i still joined the Army. I damn sure wasnt mature enough to own a gun or drink!!! I'd vote to change the age to 21 for anyone to be in the Military, own a firearm or drink!!! i figure let the kids finish being kids and the 3 extra yrs would help with more life experience and a better maturity level before we throw them off to war, let em buy a gun or get drunk!!!!

    Skeeter, there are days when I still question your maturity....mine too for that matter!

    growing old is mandatory, growing UP is optional!
     
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