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Thread: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

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    Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Thought this would be of interest to the gun rights activits. The first reaction I'm sure will be, "this is why we need to elect Mitt Romney." Well ... note that the opinion's author was a George W. Bush appointee....

    And the 5th Circuit is one of the most conservative Courts in the country.

    An appeals court on Thursday upheld a federal law that prohibits people under the age of 21 from purchasing handguns from dealers, rejecting the first challenge to the age rule since the Supreme Court recognized an individual’s right to keep and bear arms.

    In a 3-0 ruling, the U.S. Court of Appeals for the Fifth Circuit held that the age restriction, which dates back to 1968, was “consistent with a longstanding tradition of targeting select groups’ ability to access and to use arms for the sake of public safety.”

    The National Rifle Association filed a lawsuit challenging the ban in 2010, two years after the Supreme Court ruled in D.C. v. Heller that the Second Amendment protects an individual’s right to possess a firearm. Eighteen-to-twenty-year-olds may possess and use handguns, receive them as gifts and buy them from private owners. But licensed firearm dealers are prohibited from selling such weapons to those under the age of 21.
    Judge Edward Prado, who authored the 41-page opinion, said the law had its roots in Foundering-Era restrictions on the possession of weapons by children, the mentally ill and loyalists.

    “It appears that when the fledgling republic adopted the Second Amendment, an expectation of sensible gun safety
    regulation was woven into the tapestry of the guarantee,” wrote Judge Prado, an appointee of President George W. Bush.

    Fifth Circuit Upholds Ban on Gun Sales to People Under 21 - Law Blog - WSJ
    "The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."

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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    The law makes no sense at all. Straw purchases are illegal as in buying a gun for someone else at any age. "Straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor." So every time a father buys a weapon for say his son from a licenced dealer, it is a felony. The Federal laws on straw purchases does not distinguish between people who are purchasing on behalf of a family member, friend for a gift etc of age who legally can purchase or possess a firearm, and one who is not.

    Guns laws in this country make absolutely no sense at all.
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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by AdamT View Post
    Thought this would be of interest to the gun rights activits. The first reaction I'm sure will be, "this is why we need to elect Mitt Romney." Well ... note that the opinion's author was a George W. Bush appointee....

    And the 5th Circuit is one of the most conservative Courts in the country.
    The only people claiming that are party-tards and other retards who don't know how to google Mitt Romney Massachusetts and the 2nd amendment.
    Romney is about as pro-2nd amendment as Obama is.Which means both of them wipe their ass with the 2nd amendment.

    Hopefully the supreme court will rule that such bans are unconstitutional.
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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by AdamT View Post
    Thought this would be of interest to the gun rights activits. The first reaction I'm sure will be, "this is why we need to elect Mitt Romney." Well ... note that the opinion's author was a George W. Bush appointee....

    And the 5th Circuit is one of the most conservative Courts in the country.
    Man can serve his country at 18, but can't buy a gun. The sad part is how giddy you are about disarming people and infringing on the 2nd Amendment. Militia age is 18-45.
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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by American View Post
    Man can serve his country at 18, but can't buy a gun. The sad part is how giddy you are about disarming people and infringing on the 2nd Amendment. Militia age is 18-45.
    Not only can he serve his country, but his country will arm him with weapons, that are far, far deadlier than your average handgun.
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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by American View Post
    Man can serve his country at 18, but can't buy a gun. The sad part is how giddy you are about disarming people and infringing on the 2nd Amendment. Militia age is 18-45.
    Can you please quote the "giddy" part of my post? I didn't even express an opinion on the decision, because I haven't had time to read it.
    "The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."

    -- Adam Smith

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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by American View Post
    Man can serve his country at 18, but can't buy a gun. The sad part is how giddy you are about disarming people and infringing on the 2nd Amendment. Militia age is 18-45.
    You could say the same thing about alcohol. A man can serve his country at 18 but he can't go into a bar and order a drink.
    "The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."

    -- Adam Smith

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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by AdamT View Post
    You could say the same thing about alcohol. A man can serve his country at 18 but he can't go into a bar and order a drink.
    This is why the drinking age should be lowered.A 18 year old can serve his country in war(enlisted age minimum is 17 but you can't be deployed), smoke and vote.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by AdamT View Post
    Can you please quote the "giddy" part of my post? I didn't even express an opinion on the decision, because I haven't had time to read it.
    Your prediction of our political responses, just indicates how you feel about this. Also the lack of your own disappointment over a decision that obviously contradicts the 2nd Amendment. That's one thing I never understand about the Left, you'd think big govt left would want to follow the Constitution to the letter to make sure we have the best govt possible. But no, it's the small govt types that promote adherence to the Constitution. Here we are with an obvious ruling against the 2nd Amend, and all the matters to you is how your opponents will respond; **** the Constitution.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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    Re: Fifth Circuit Upholds Ban on Gun Sales to People Under 21

    Quote Originally Posted by jamesrage View Post
    The only people claiming that are party-tards and other retards
    It's not that I'm offended or anything.

    But is it entirely nessecary for you to label every single type of person you disagree with as a "tard" in one form or another.

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