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Handgun ban 18-20 yr old ruled unconstitutional
Posted: Tue Jul 13, 2021 4:37 pm
by rtschl
Federal Appeals 4th Circuit rules Constitutional rights of 18-20 years old are infringed if they cannot purchase handguns.
https://www.breitbart.com/politics/2021 ... itutional/
EDIT: added word ruled to subject
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Tue Jul 13, 2021 5:02 pm
by ELB
So...constitutional to deny LTC to 18-20 yo if you provide it to everyone else? Hmmm.
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Tue Jul 13, 2021 6:06 pm
by RottenApple
ELB wrote: ↑Tue Jul 13, 2021 5:02 pm
So...constitutional to deny LTC to 18-20 yo if you provide it to everyone else? Hmmm.
Devil's Advocate: The LTC is a licensing system provided by the State. It is not an inherent or Constitutionally Protected right to have an LTC. Therefore the State that provides such licensing is able and allowed to set rules for obtaining that license.
That being said, the Second Amendment says "to keep
AND bear". To "bear arms" means to carry them (not that I have to explain that to anyone here). The Constitution makes no distinction between concealed or open carry; though it was, admittedly, more common to carry openly for much (if not most) of this country's history. Carrying concealed was typically seen as bad manners. But that's just custom and customs change over time. My argument would be that a License To Carry is completely unnecessary as the Constitution already covers the subject, and that since COTUS doesn't say anything about concealed vs open, that leaves it up to the bearer to decide how to carry.
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Tue Jul 13, 2021 8:30 pm
by powerboatr
RottenApple wrote: ↑Tue Jul 13, 2021 6:06 pm
ELB wrote: ↑Tue Jul 13, 2021 5:02 pm
So...constitutional to deny LTC to 18-20 yo if you provide it to everyone else? Hmmm.
Devil's Advocate: The LTC is a licensing system provided by the State. It is not an inherent or Constitutionally Protected right to have an LTC. Therefore the State that provides such licensing is able and allowed to set rules for obtaining that license.
That being said, the Second Amendment says "to keep
AND bear". To "bear arms" means to carry them (not that I have to explain that to anyone here). The Constitution makes no distinction between concealed or open carry; though it was, admittedly, more common to carry openly for much (if not most) of this country's history. Carrying concealed was typically seen as bad manners. But that's just custom and customs change over time. My argument would be that a License To Carry is completely unnecessary as the Constitution already covers the subject, and that since COTUS doesn't say anything about concealed vs open, that leaves it up to the bearer to decide how to carry.
bingo and very well stated.
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Wed Jul 14, 2021 11:18 am
by Paladin
That 18-20yr old handgun ban always struck me as blatantly unconstitutional. Sad that it took this long to start getting this issue addressed, but glad to see some movement on it.
If you treat the young like babies all their life, they will never grow up to be adults.
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Wed Jul 14, 2021 11:42 am
by Flightmare
Paladin wrote: ↑Wed Jul 14, 2021 11:18 am
That 18-20yr old handgun ban always struck me as blatantly unconstitutional. Sad that it took this long to start getting this issue addressed, but glad to see some movement on it.
If you treat the young like babies all their life, they will never grow up to be adults.
That is close to the argument I have made. Either an 18-20 year old is an adult or not. If they are, they deserve all the privileges and rights that the rest of the adult population enjoys. If not, simply make the age of majority to be 21 and parents are responsible for everything up until that point. I've never been a fan of "adult-lite"
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Wed Jul 14, 2021 5:50 pm
by MaduroBU
It also struck me as odd to have variable ages of majority. If you can carry an M249 in order kill someone on orders from the US government or vote for the politicians who make that decision, then it would stand to reason that you can buy and carry a handgun that will almost certainly never harm a soul.
Re: Handgun ban 18-20 yr old ruled unconstitutional
Posted: Wed Jul 14, 2021 6:03 pm
by Flightmare
MaduroBU wrote: ↑Wed Jul 14, 2021 5:50 pm
It also struck me as odd to have variable ages of majority. If you can carry an M249 in order kill someone on orders from the US government or vote for the politicians who make that decision, then it would stand to reason that you can buy and carry a handgun that will almost certainly never harm a soul.