Calguns and the Firearms Policy Coalition (FPC) groups filed a federal lawsuit on Monday, challenging California’s new law banning the sale of firearms to people under the age of 21, arguing those 18 and over are adults with legal rights to possess pistols and rifles.
“Once individuals turn eighteen, they are adults in the eyes of the law,” said John W. Dillon, the Carlsbad attorney representing the gun groups. “Law-abiding adults are entitled to fully exercise all of their fundamental rights, including their Second Amendment right to keep and bear arms for all lawful purposes, not just hunting or sport.” – Via KTLA
The FPC
All adults not otherwise prohibited from having firearms have the same rights as others. Age-based discrimination in this context is unconstitutional and morally wrong. These adults could be called to fight and die for their country, but the State of California had prevented them from accessing the full scope of constitutional rights entitled to them under natural law and the Constitution.
Individuals 18 years and older are considered adults for almost all purposes. For example, at 18 years old, U.S. citizens can (i) vote, (ii) fully exercise their freedom of speech, (iii) receive the full protections under the 4th, 5th, and 6th Amendments, (iv) enter into contracts, and (v) serve in the United States military. Indeed, male citizens over 18 years of age are designated members of the militia pursuant to federal statute, 10 U.S.C. § 246(a), and may be selected and inducted for training and service into the United States armed forces, 50 U.S.C. § 3803(a). As such, they are eligible to serve in the military, and to die for their country.
In addition, the “militia of the State” consists of both the organized and unorganized militia. Specifically, the State’s organized militia encompasses the National Guard, State Military Reserve and the Naval Militia. (Cal. Military and Veterans Code Section 120.)
“The unorganized militia consist of all persons liable to service in the militia, but not members of the National Guard, the State Military Reserve, or the Naval Militia.” (Cal. Military and Veterans Code Section 121.)
The Supreme Court in D.C. v. Heller recognized that through Congress’ plenary power, it organized all able-bodied men between 18 and 45 as part of the militia in the first Militia Act. (Heller, 554 U.S. at 596.) Thus, the Supreme Court recognized 18-to-20-year-olds as part of the militia; and as such, they necessarily have the right to keep and bear arms. Further, as affirmed in Heller, the right to keep and bear arms extends beyond the militia, reserving an individual right to keep and bear arms for all lawful purposes, “most notably for self-defense within the home.” (McDonald v. City of Chicago, 561 U.S. 742, 780 (2010).)
This case seeks to protect and restore the Second Amendment rights of legal adults who are being prevented from exercising them because of California’s statutes and the Defendants’ policies, practices, laws, and customs they enforce.
This is a major case in the battle for gun rights that could set national precedent on what the 2nd Amendment truly protects. We need this win.
