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My opinion?
If the second amendment rights don't extend pas the home, what OTHER cons utional rights are also limited by this framework? I'm no legal scholar but this ruling seems to make no sense.
http://www.kcbd.com/story/16557780/l...rights-lawsuit
Lubbock judge shoots down gun rights lawsuit
Posted: Jan 19, 2012 3:33 PM CST
Updated: Jan 19, 2012 10:30 PM CST
By James Clark - email
District Judge Sam R. mings
LUBBOCK, TX (KCBD) -
For the second time in roughly four months, a Lubbock federal judge has ruled against the NRA in two gun rights lawsuits.
The ruling made on Thursday upholds the State of Texas law that puts certain restrictions on persons between the ages of 18 and 20.
The law does not allow those under the age of 21 to have a concealed handgun license or CHL. The NRA sued the state back in 2009, saying the law is discriminatory and a violation of Second Amendment rights.
At the same time, the NRA sued federal agencies, saying restrictions on the purchase of guns by those under the age of 21 were also discriminatory. The lawsuit against federal agencies was thrown out in late September and that case is currently on appeal.
There is no word yet on whether the NRA will also appeal this latest ruling.
In part, the judge said both sides were arguing over the issue of age, but U.S. District Court Judge Sam mings said Thursday in his ruling, "This approach puts the cart before the horse."
"Because the Court is of the opinion that the Second Amendment does not confer a right that extends beyond the home," mings said, "it need not reach the question regarding the age of inves ure of such a right."
But the judge did not ignore the issue of age. mings wrote, "Texas has identified a legitimate state interest - public safety - and passed legislation that is rationally related to addressing that issue."
The two rulings together mean that the state and federal governments can put restrictions on the gun rights of people who have not reached the age of 21.
On Thursday, we went to a local gun shop and to Texas Tech to ask people of all ages what they thought about 18-20 year olds not being able to get their conceal and carry license.
J.D. Clay and Colin Moore both work at Sharpshooter's Gun Shop, but there's one big difference between the two.
Moore is 18, so he can't apply for his concealed handgun license. Clay can.
"I remember back before I turned 21 to get my CHL, I was frustrated because I wanted to buy a handgun," Clay recalled.
They both work closely with firearms and say they have concerns about both arguments.
"It's a little unfair, I believe, especially for people that have been around them a long enough amount of time," Moore said.
"An 18 and a 21-year-old, the maturity levels are completely different," Clay told us.
But there are strict requirements involved with getting a CHL, even if you are over 21.
"To get your CHL, you have to go through a 10 hour course mandated by the state," Clay said.
Moore suggests looking at 18-20 year olds on a case by case basis and giving them a more rigorous test
"I believe they should be given the chance to pass a test or a course to be able to carry," Moore said.
So what about people who aren't around guns every day? We went to Texas Tech to find out.
"If you know how to use it, you should be allowed to have a gun," one student said.
"I think at age 20 people are mature enough to know what's right and wrong and what's appropriate and what's not," said another.
Some students have no interest in applying for such a license.
"I don't have any business having a concealed gun, shooting a gun, carrying a gun," said Corey Vaughn.
Brandon Ostrom is in the military, so by law he could get his CHL when he was 18.
"If you're mature enough to own a handgun, than you should be mature enough to carry it around," Ostrom said.
Ivan Hristov said he sees both sides.
"In a way when you have it, you can protect yourself, defend yourself, but if everyone has it maybe the crime will be increase," he said.
We reached out to the NRA for a comment, but hadn't heard back as of Thursday night.
It's unclear whether they'll appeal this decision.
My opinion?
If the second amendment rights don't extend pas the home, what OTHER cons utional rights are also limited by this framework? I'm no legal scholar but this ruling seems to make no sense.
Didn't you leave already?
It's interesting. They are upholding the Texas law but at the same time it seems laying the groundwork to eventually rule against conceal and carry or having a gun anywhere outside of the house.
is bull . are 18 year olds adults or what?The law does not allow those under the age of 21 to have a concealed handgun license or CHL.
I can see not letting em have a gun until they're of age to drink as well, but it sucks for the 18 year old. They have all of the liability but few of the attached privileges and prerogatives. between the ages of 18 and 21 it's like one inhabits a slightly defective state of adulthood.
Why is it this way?
Because insurance companies and law enforcement, continually in the ears of public officials, say its best for us. That's bull. Either extend childhood to age 21, or confer total adulthood at 18. training wheels for adulthood sucks.
It would be nice to see the the main precedents the judge used in this case. I've never heard of this reasoning.
This guy doesn't seem to be any kind of liberal FWIW.
Why is it only the law abiding people have to jump through hoops to defend themselves when Tyrone down the street doesn't?
well, in socal, kids can get their drivers license, however, they can't drive with just other kids their age.
welcome back, lets rag on crookskanks.
Lets talk politics and not rag on anyone...
well...
maybe Boutons...
make it bou and skanks and you got a deal.
I agree with this. If you get all the adult responsibilities when you turn 18, why are you not going to get the all the privileges as well?
less gun fetishists, 'em all, a stain on American civilization
i have guns. lots of them. you want me not to have them?
I just want Boutons to not have a computer.
bou is ok, just a bit uber passionate.
Agreed.
The 18 year old gang bangers are already carrying guns. Why not let the good kids get their CHL?
In my newer kinder gentler cyber persona I am going to try to treat Boutons like my re ed nephew...either ignore him completely or give him credit for effort.
or make him take off his clothes in front of you
I personally wouldn't put it through that reasoning. After all, some 16 years old gangbangers are very likely already carrying guns too, and I don't think they're anywhere close to being fully aware to the repercussions of their actions.
My reasoning goes along the lines where after you're 18 years old and you kill somebody, your liability is no different than if you're 21. So you get the responsibilities, but you don't get the privileges.
Funny you should mention that.
He's one of those that when he pees in a urinal he drops his pants all the way down to his shoes.
very creepy.
So is my nephew...
I Got A Gun, Vote Me President
less offs, every last one of them.
Actually my big objection was the blanket assumption that you could limit a cons utional right to the home. If you can do that, why can't you say practicing religion in your home is fine but you can't do it in public at a church?
Funny you should mention that.
He's one of those that when he pees in a urinal he drops his pants all the way down to his shoes.
very creepy.
So is my nephew...
nothing gets boutons as riled as people legally owning guns. i think he's scared. why? dunno.
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