Eliminating Gun Rights For 18-20 Year Olds Sets A Very Dangerous Precedent
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It really is very simple. SCOTUS has twice held that the right to own a firearm is a fundamental constitutional right. We have established 18 as the age of majority in America. So, if we can deny a class of adults a fundamental constitutional right based on their age - what is next? Can Senior citizens be denied their free speech rights because some senior citizens are senile? Can 18-20 year olds be denied the right to post on social media? What about the right to freely exercise one's religion - can 18-20 year olds be denied this right? IF THIS LAW STANDS, THE ANSWER TO ALL THOSE QUESTION IS YES.
The reality is that we do not deny any other constitutional right to adults based on their age. Based on their recent actions, I predict that if Gov. Brown signs this bill, the ACLU will join with gun rights groups in challenging the law - not because the ACLU believes in gun rights (they don't), but because if this law stands, all our rights are threatened.
So what to do?
Perhaps we should repeal the 2nd Amendment. This would solve the "problem" - but it will never happen. Only 18 states are needed to block an repeal. Those who want to repeal it would be lucky to get 10 states to ratify an amendment repealing the 2nd Amendment.
Perhaps we should raise the age to buy a firearm - but the only constitutional way to do so is to raise the age of majority to 21. However, this will never happen - because the very same people who want to deny 18-20 year olds the right to buy and own guns want their votes. How does it make any sense that we entrust these young adults with our most important civic duty, yet argue that they cannot be trusted with firearms? In reality, we are not going to see the age of majority raised because it is a political impossibility.
So, like it or not, the only solution is to permit adults 18-20 years of age to buy and own firearms. After all, 18 year olds have been permitted to buy and own long guns for our entire history. Even if you believe that doing away with gun rights for young adults would be a good thing to do - and I definitely do not believe this - is it worth shredding the Constitution to do so? Personally, I think not.
They actually want 16 year olds and over to be allowed to vote. Which makes even less sense, from a logical standpoint. But we aren't talking logical standpoints, we are talking about folks who will do whatever it takes to get their way, and to hell with everyone who disagrees with them. Voting gets more people killed than anything and these folks want 16 year olds to be able to do that, yet they don't want 18-20 year olds to own a rifle. Unless of course that 18-20 year old is willing to join the military or police force. But even then they wouldn't be legally able to own a rifle out side of their public service. Brilliant people coming up with this stuff. And the Constitution is a roadblock for these folks, not something people should believe in or follow. Just ask Facebook and Twitter and the rest of the social media groups.
ReplyDeleteYet those 18 to 20 year olds in the Military have FULL AUTO MACHINE GUNS, yet some states say they can't own even a single shot .22 Rifle.
ReplyDeleteWeird, you can be shoot in the military but you can't own a weapon. Does anyone else see the problem with this. The age of majority was set by federal laws, don't they over ride state laws anymore? Inequity at any age is just stupidly wrong. I am 70 is that going to be too old soon? Makes me wonder where the sanity is. Go after the ones that break the law not those who are legally or wanting to own firearms. Give me a break!!
ReplyDeleteI have never understood the constitutionality of limiting sale of handguns to 21. How can that be constitutional but limiting long guns not?
ReplyDeleteIt has never been challenged to the Supreme Court. The age of majority was 21 when the law was passed in 1968.
DeleteMany good points.......... just a couple points.
ReplyDeleteFlorida ***I believe*** permits service members 18-20 to purchase long guns. Maybe someone from Florida can confirm or correct this?
As Dean pointed out above, GCA 1968 was passed in.... you guessed it: 1968. The landmark Heller decision didn't happen until 2008. In 2012, the 5th Circuit - normally a very pro-gun rights circuit - ruled that the under 21 handgun purchase ban was constitutional. The NRA appealed this decision to SCOTUS and the high court decline to hear the case.
This settled the matter in the states covered by the 5th circuit (TX, LA, MS) - but is not binding on other Appeals Court Districts (i.e. the rest of the country). What it will likely take to settle the matter is for another appeals court to rule that the ban is unconstitutional. That would create a conflict between appeals courts - which is one of the most common reasons for the Supreme Court to hear a case.