Monday, November 29, 2010

18 year Olds and the Right to Bear Arms

One of the most powerful lobbyists groups in the country has filed a lawsuit challenging a Texas law, which does not allow anyone under the age of 21 to buy a gun or carry a concealed weapon, as being unconstitutional.  Mike Ward’s article “NRA Opens new front in guns rights battle” appears in the November 25th 2010, issue of the Austin American Statesman.
According to Ward, the National Rifle Association (NRA) has filed a lawsuit to allow 18-20 year-olds the right to buy guns and then allow those guns to be carried as concealed weapons. He quotes Chris Cox, the executive director of the National Rifle Association’s Institute for Legislative Action, as saying, “ 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…That right is not limited only to Americans 21 years of age and older.”
Ward also quotes Daniel Vice, senior attorney for the Brady Center to Prevent Gun Violence “This is an unprecedented attempt to arm teenagers … even though most states currently restrict them from carrying a concealed weapon … teen gang members could buy guns if this law is changed.”
Both sides have very good arguments and I’m sure this will end up in the U.S. Supreme court. This fight will have the same argument as the fight for the right to give 18’s the right to vote. If they are old enough to fight for this country then they are old enough to vote or buy guns. Even though I hate to admit it, because if it was up to me nobody but hunters and military would own guns, I think the NRA has a valid point. The age of accountability is 18 in this country and other constitutional rights are protected at this age. If the U.S. Supreme court has stated law abiding citizens have the right to bear arms then I see no reason why that ruling should not apply to all law abiding citizens who can be held accountable for their choices.

1 comment:

  1. In a November 29 article titled “18 Year Olds and the Right to Bear Arms,” my colleague Tammy discusses the two current lawsuits that are challenging Texas and Federal laws regarding the legal age for handgun sales. She deliberates as to whether the age should be lowered from 21 to 18, and, in the end, I think she made the right choice; the Second Amendment applies to all legal, law-abiding citizens of age 18 and older.

    At age 18, U.S. citizens are considered adults for all intents and purposes except alcohol consumption and the purchase of concealable firearms. The latter seems counterintuitive to the liberties guaranteed by the Bill of Rights which allows 18 year olds to serve in the armed forces and to vote as citizens. Tammy contends that if you are old enough to give your life for this nation, you ought to be able to purchase a firearm, and I wholeheartedly agree. Simply put: the age limit for handgun ownership should be lowered in order to, at the very least, establish some consistency for the age of adulthood in the U.S. In Texas, individuals aged 17 and older may be tried as an adult which I think is reason enough to allow that age group to purchase concealable weapons since they are old enough to be held accountable for their actions.

    Tammy mentions that the Second Amendment guarantees citizens the right to keep and bear arms. Depriving a portion of our citizenry this fundamental right is unconstitutional and a blatant disregard of the Bill of Rights by both our state and national governments.

    Furthermore, I think it is obvious that unlawful juveniles will acquire concealable weapons whether it is legal to sell to them or not. Allowing law abiding 18 year olds to purchase handguns would only allow them to protect themselves against their cohorts who may use illegally acquired weapons in acts of violence. Statistics confirm that arming the citizenry does not increase the occurrence of violence. In fact, studies show that when citizens own guns, crime actually decreases. Conversely, when guns are outlawed, only outlaws have guns, and the rate of crime goes up.

    For example, during the years in which the D.C. handgun ban and trigger lock law was in effect, the Washington, D.C. murder rate averaged 73% higher than it was at the outset of the law. Depriving any law-abiding citizens of the right to own firearms is a dangerous violation of our civil liberties, and I commend Tammy for bringing attention to this egregious issue.

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