Skip to comments.Michigan backs NRA in Supreme Court challenge to prohibition on handgun sales for those under 21
Posted on 09/06/2013 12:46:58 PM PDT by Darren McCarty
LANSING -- Attorney General Bill Schuette has joined 21 other state attorneys general in signing a "friend of the court" brief filed in support of a petition asking the U.S. Supreme Court to review gun laws which prohibit handgun sales to anyone under the age of 21.
The petition was filed by the National Rifle Association in a suit against the federal Bureau of Alcohol, Tobacco, Firearms and Explosives which alleges federal gun laws preventing anyone younger than 21 from buying a handgun from a federally licensed dealer violate the Second Amendment.
In the brief, filed by Alabama Attorney General Luther Strange as lead counsel, the attorneys general argue that the court should review the case because the federal restrictions clash with laws in a majority of states that open gun ownership to people as young as 18.
"Conflicts between the federal government and states on questions of this sort are at the core of disputes this Court was meant to resolve," the brief states.
The brief accuses Congress of overstepping its bounds under the U.S. Constitution by restricting gun sales to people between the ages of 18 and 21.
(Excerpt) Read more at mlive.com ...
In the legal philosophical sense definitely. It is however possible that the state laws are wrong. But if indeed that is so, the states themselves can come to that judgement. It isnt as if the Congress were uniquely qualified to make the determination - and its possible that states might properly allow cities to enforce 21 while 18 is allowed in more open spaces.
Drinking isn’t a constitutionally protected right, so it is legal to those under 21 from drinking.
It can be argued (not by me) that since long guns can be purchased by 18 year olds, their second amendment rights are not being denied.
It must also be pointed out that it is not illegal for 18-20 year olds to possess a handgun, they just cannot purchase one from an FFL. FTF sales or gifts are OK.
I believe in some states it is illegal for an under 21 to possess a handgun.
In the case of Michigan the state holds supremacy over the cities when it comes to gun laws so 18 would be good in all but the places where guns are prohibited by state law.
Sad to say, she got shot a few years later. She returned to work but was assigned to the Juvenile bureau instead of patrol. She was forced to take a medical retirement because she couldn't physically perform all the duties.
Its not enumerated, but it is as much a right as sleeping is.
I would also state that driving is a right and all this nonsense about it being a privilege is wrong headed.
We should not think of our rights as being a few actions that are named, but rather being everything with a few exceptions.
Amendment 9IOW, the enumerated rights are a floor under our rights, not a ceiling above them.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
I recently called AMICA about getting a quote on renters insurance. One of the questions they asked me was if I had guns in my residence. I refused to answer the question.
I decided not to go with AMICA but instead stay with my current insurer.
jack: “do you get a better rate that way?”
amica: “only if it’s machine guns”
they probably care more about the guns as valuables than they do about the risk, if they actually have competent actuaries. that’s my guess.
i mean the risk of a shooting.
They didn’t ask about anything else in particular. The guy at AMICA said it had to do with liability.
Yep - old enough to vote and fight should equate to old enough to anything else.
I was speaking only to federal law.