Friday, October 26, 2012

2nd Amend Litigation Update

The 5th Circuit ruled in favor of the federal law that bans people under 21 from purchasing handguns. In the abstract I can live with that.  As the article suggests, what bothers me is that 18-20 year olds are good enought to become potential military cannon fodder and carry all sorts of weapons more dangerous than handguns, but we don't trust them to buy a handgun.  If Heller and McDonald are overruled we will see how many jurisdictions don't trust ordinary, law-abiding, competent adults to buy one.  Two other important cases working their way up are also discussed. I hope one of these two eventually gets to the U.S. Supreme Court. 

6 comments:

  1. I was aware of the irreversible damage potential caused by careless gun use long before my 18th birthday. Goes to show how firearms, and not the youths themselves, are the intended target when you consider 16 year olds are given a driver's license.

    ReplyDelete
  2. Perhaps 18 to 20 year olds who DO serve could be certified by their branch for exemption from the restriction. I have a long held belief that teenagers should not be licensed for motorcycles . . . at least for anything over 250 cc. ----- for roughly the same reason. Self control is rare.

    ReplyDelete
  3. Ridge & 44 thanks for the comments. Ridge: I like your suggestion.

    ReplyDelete
  4. It is interesting that this argument follows the same idea as drinking age. Every state, to my knowledge, has a drinking age of 21, yet the military enlistment age is 18 (sometimes 17). The argument that 18-20 year olds can die for their country, but not share a beer is still around. Most military bases allow those soldiers who are in those middle years to buy and consume alcohol ON POST, but do not condone its use off post. I wonder if the same solution would be accepted by the Commanders regarding firearms?

    ReplyDelete
  5. This point raises another troubling issue. Military branches until fairly recently were a de facto school for alcoholism, where the espirit de corps was laced with drunken bonding. That unfortunate reality has not only been recognized, but excessive drinking is now routinely met with an ultimatum for counseling. Making alcohol a benefit of service would be a "perq" that has the potential to destroy not only the man, but also a culture.

    18 year olds are taken for service because of their size, strength and potential. The molding of that potential into valuable character is everything.

    ReplyDelete
  6. Ham, Ridge,44, Thanks for the comments. Wars are started by old men and fought by young men who disproportionately end up paying the ultimate price. (That's a paraphrase of someone's quote. Anyone know who?) Yes, the brain of a young person lacks many of hte controls, defenses, etc. of older people. In the abstract, they might be better off without alchol, cars, guns, etc. I really don't know how to deal with all the conflicting issues here.

    ReplyDelete