Hirschfeld et al v BATFE (under 21 handgun purchases)

daNattyFatty · Nov 20, 2018

Did a search and didn't see it. But if it has been, mods please delete.

Not sure how we missed this one, but it's a challenge to the age restriction for those under 21 to purchase handguns. Filed October 26, 2018. Defendants reply due Nov 26.

https://www.dailywire.com/news/38529/lawsuit-challenges-federal-law-prohibiting-handgun-kassy-dillon

wolfwood · Nov 20, 2018

daNattyFatty said:
Did a search and didn't see it. But if it has been, mods please delete.

Not sure how we missed this one, but it's a challenge to the age restriction for those under 21 to purchase handguns. Filed October 26, 2018. Defendants reply due Nov 26.

https://www.dailywire.com/news/38529/lawsuit-challenges-federal-law-prohibiting-handgun-kassy-dillon

They have a go fund me

https://www.crowdjustice.com/case/enforcing-our--rights/

GlocksAndPatriots · Nov 20, 2018

Judge Prado is a moron.

“Congress was focused on a particular problem: young persons under 21, who are immature and prone to violence, easily accessing handguns,” Judge Edward Prado wrote for the panel according to Reuters. “The present ban appears consistent with a longstanding tradition of age- and safety-based restrictions on the ability to access arms.”

Would he accept a ban on black and Hispanic gun purchases, since their violent crime rate is much higher?

CrazySanMan · Nov 20, 2018

Judge Prado is an ageist and a pedophobe.

press1280 · Nov 20, 2018

Unlike the CCW cases, this lawsuit could be filed anywhere.
4th Circuit isn't friendly, they should be judge shopping just like the left does with immigration cases.

danb · Nov 20, 2018

I thought that there was already a lawsuit in 5th circuit, and we lost.

ETA: I now see that they mention it at the bottom of the article. 5th circuit is pretty conservative. Not sure anyone will do better in the 4th. 4th will do a copy-paste and avoid a split.

Bob A · Nov 20, 2018

a particular problem: young persons under 21, who are immature and prone to violence

And they= Dems want to reduce the voting age to 16?

Get 'em while they're young, arrogant and stupid. By the time they realise how they were taken, it will be too late.

wolfwood · Nov 20, 2018

press1280 said:
Unlike the CCW cases, this lawsuit could be filed anywhere.
4th Circuit isn't friendly, they should be judge shopping just like the left does with immigration cases.

This is a new lawyer taking his shot he got barred in 2015. I doubt he is able to shop

press1280 · Nov 20, 2018

wolfwood said:
This is a new lawyer taking his shot he got barred in 2015. I doubt he is able to shop

I guess maybe they're only barred in the 4th circuit?

Mike OTDP · Nov 20, 2018

The issue is still the idea that 2A is a second-class right. As far as I'm concerned, the amendment granting the franchise to 18-year-olds settled the matter. If you don't like it, repeal that amendment.

wolfwood · Apr 11, 2019

government files its motion to dismiss

motorcoachdoug · Apr 11, 2019

SO when males turn 18 and go into the US Military and serve 2 or 3 yrs get out and can not buy a pistol??? but can go and die for our country it seems to me something is really wrong with this picture.... I would have an exception that if a male is serving in the US Armed forces he should be able to go buy a firearm since the military is giving him one to use anyway and teaching them how to use it..

Brychan · Apr 11, 2019

Funny when I was 18 I was a licensed armed security guard in Az, my older brother had to buy the pistol for me. It was legal to own and carry a pistol under 21, but you couldn't buy it at the store.

lazarus · Apr 11, 2019

motorcoachdoug said:
SO when males turn 18 and go into the US Military and serve 2 or 3 yrs get out and can not buy a pistol??? but can go and die for our country it seems to me something is really wrong with this picture.... I would have an exception that if a male is serving in the US Armed forces he should be able to go buy a firearm since the military is giving him one to use anyway and teaching them how to use it..

To be picky, why a male? Why not ANY service member?

motorcoachdoug · Apr 11, 2019

lazarus said:
To be picky, why a male? Why not ANY service member?

Ok I stand corrected to any service member. I still half asleep when I wrote that this morning. wife woke me up at 3:30am for no reason and went back to sleep until i had to get up to take care of business..

krucam · Apr 11, 2019

This closely mirrors NRA v BATFE which lost in the 5th Circuit in 2012 I believe. The 5th has taken a solid turn to the right since then but the NRA v BATFE is binding here.

adit · Apr 11, 2019

lazarus said:
To be picky, why a male? Why not ANY service member?

motorcoachdoug said:
Ok I stand corrected to any service member. I still half asleep when I wrote that this morning. wife woke me up at 3:30am for no reason and went back to sleep until i had to get up to take care of business..

Why just a Service Member? Why not any 18+ male or female? Are they adults or not?

They can get married without "permission". They can vote. They can "choose" to go into the military. They can buy and register a vehicle. They can make their own medical decisions. They can have their own credit cards and can take out loans. They can travel the world on their own.

They can do all of these "big boy/girl" things except protect their lives.

Across state line purchase prohibitions are unconstitutional as well.

lazarus · Apr 11, 2019

motorcoachdoug said:
Ok I stand corrected to any service member. I still half asleep when I wrote that this morning. wife woke me up at 3:30am for no reason and went back to sleep until i had to get up to take care of business..

Man, I hear you on that. My wife likes to randomly wake me up. And not for fun. She can be back asleep in seconds. I am a natural insomniac...

Kharn · Apr 12, 2019

krucam said:
This closely mirrors NRA v BATFE which lost in the 5th Circuit in 2012 I believe. The 5th has taken a solid turn to the right since then but the NRA v BATFE is binding here.

Maybe it's time for an en banc to go our way for once? :innocent0

TexDefender · Apr 12, 2019

GlocksAndPatriots said:
Judge Prado is a moron.

“Congress was focused on a particular problem: young persons under 21, who are immature and prone to violence, easily accessing handguns,” Judge Edward Prado wrote for the panel according to Reuters. “The present ban appears consistent with a longstanding tradition of age- and safety-based restrictions on the ability to access arms.”

Would he accept a ban on black and Hispanic gun purchases, since their violent crime rate is much higher?

Well, we could turn this on them (Dems/Left). You should be 21 to vote. You know because folks that aren't 21 or older, are immature and prone to making bad choices.

Hirschfeld et al v BATFE (under 21 handgun purchases)

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