Rifle Purchase and Age Discrimination

cms1528 · Mar 2, 2018

Here's a thought.

If a retailer says they will not sell a non-regulated firearm to anyone under the age of 21 even though it is a LEGAL right under federal law for an 18 plus year old to purchase such a thing, currently, why can't this act be perceived as age discrimination against that person.

Dick's and Walmart are public businesses, I don't pay a membership fee to shop there so a rule such as "we won't sell a shotgun to a 20 year old" isn't some kind of rule that comes with a membership that I agreed to when I became a member of that retailer. Just because you're 18-20 years old and ONLY because you're 18-20 years old, I think this is a legal avenue worth exploring.

Opinions?

knovotny · Mar 2, 2018

Post #27 in the thread you linked to this from, has a link to a page saying age is protected in MD. I don't know the specifics of it, but it looks like it is a thing in some states.

cms1528 · Mar 2, 2018

Thanks, I'm going to look at that. I hadn't read the entire link.

cms1528 · Mar 2, 2018

After looking at the MD annotated code 20-304, this is a viable option that should be considered.

john_bud · Mar 3, 2018

If a gay couple can sue (and win) against a baker for refusing to make a cake, why don't 19 yo's bring suit against retailers that fail to sell to them?

It would be a "stunt" from the left's playbook, but ONE THAT WORKED.

Adolph Oliver Bush · Mar 3, 2018

I have a pro 2A 18 year-old residing with me who would be a good candidate for this.

Boom Boom · Mar 3, 2018

It's a great test case. MD's law is an extension of the Civil Rights Act of 1964, with an addition for age discrimination. Refusal of service in MD based on age should be actionable. Only exemption is alcohol sales.

Doobie · Mar 3, 2018

If only a homosexual black female under the age of 21 would step forward and attempt to purchase and be denied. That would guarantee national coverage and involvement from many different sides.

cms1528 · Mar 3, 2018

Bought a rifle at Walmart today, salesman said they have yet to be told not to sell to 18-20 year olds. I'm assuming the legal eagles at Walmart are looking into the full legalities.

Biggfoot44 · Mar 3, 2018

Were you just making conversation, or is this relevant to your making a purchase ?

cms1528 · Mar 3, 2018

The thread I started is about businesses refusing to sell non-regulated firearms to people between 18-20 i.e. An age discrimination issue. Walmart, Dicks, L.L. bean etc... I was just mentioning that Walmart has yet, as of today, implemented their plan not to sell firearms to individuals under 21. That's all.

Lloyd · Mar 3, 2018

I believe the age at which you become a "protected class" is 40.

https://www.eeoc.gov/laws/types/age.cfm

Biggfoot44 · Mar 3, 2018

So is the buying of rifle today by the OP significant because he is 18-20yo ? Or over 21yo , And making conversation with the WalMart employee ?

I (and most of MDS ) generally don't delve Into actual age , or other identifying details . But in this situation the age details are the major point . ie casual conversation is one thing , but actual sale to person in that catagory could have flagged something in their computers system even before the Memo was distributed.

cms1528 · Mar 3, 2018

I saw this story today about this issue.

Occam · Mar 3, 2018

Doobie said:
If only a homosexual black female under the age of 21 would step forward and attempt to purchase and be denied. That would guarantee national coverage and involvement from many different sides.

See, you're not playing the contemporary game correctly. Just identify as one, and you're good to go.

Pinecone · Mar 4, 2018

You can buy guns at LL Bean and KROGER?????

Federally, 40 and over is protected, but under 40 is not a protected class. May be different based on state law.

Rab1515 · Mar 5, 2018

MD State Govt Code § 20-304 (2015)
An owner or operator of a place of public accommodation or an agent or employee of the owner or operator may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the place of public accommodation because of the person's race, sex, age, color, creed, national origin, marital status, sexual orientation, gender identity, or disability.

Seems pretty clear to me...

cms1528 · Mar 5, 2018

The federal law allow an 18 plus year old to buy a non regulated long arm. States can't supersede federal law, correct? Retailers can't supersede federal law either. The federal puts an age limit on firearms, tobacco, alcohol, pornography etc. It is out of any retailers scope to change things up just because they feel like it.

Rab1515 · Mar 5, 2018

cms1528 said:
The federal law allow an 18 plus year old to buy a non regulated long arm. States can't supersede federal law, correct? Retailers can't supersede federal law either. The federal puts an age limit on firearms, tobacco, alcohol, pornography etc. It is out of any retailers scope to change things up just because they feel like it.

States can superseed state law. Federal law is just the lower limmet in this case. Where the argument is, at least in MD, is that a business cannot discriminate based on age.

Oddway Otts · Mar 5, 2018

A concern that I have about an 18-20 year old pushing the age issue in court, is that Walmart or Dicks may just stop selling guns & ammo completely. I know from past discussions with some nice Walmart employees across the state, that Walmart doesn't make a lot on gun or ammo sales. I've scored some good deals at both places, especially on the ammo. I'd hate to see that disappear. A number of Walmarts in Maryland & some in Pa., (like Stewartstown or is it Shrewsbury, just across the line on 83) stopped selling guns years ago. I think the one in Northeast & in Cambridge don't sell either. It might be like winning the battle & losing the war.

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