2aguy
Diamond Member
- Jul 19, 2014
- 112,372
- 52,618
- 2,290
The Bruen decision defeats the anti-gun fanatics again.........and the icing on the cake is it forced a biden appointed judge to strike down the stupid law...
Second Amendment organizations won a major victory in federal court on Friday as U.S. District Judge Katherine Menendez ruled that the state’s prohibition on lawful carrying by adults under the age of 21 is not in accordance with the history and tradition of the right to keep and bear arms.
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… Neither Heller nor Bruen addressed the specific issue of whether the Second Amendment’s text protects the rights of 18-to-20-year-olds. But because the normal and ordinary meaning of “the people” includes all Americans who are a part of the national community, the right codified by the Amendment appears to include them.
Second, neither the Second Amendment’s text nor other provisions within the Bill of Rights include an age limit. However, the Founders placed age requirements elsewhere in the Constitution, including for eligibility to be a House Member, Senator, or the President.
… Third, the inclusion of “the people” elsewhere in the Bill of Rights supports the interpretation that the Second Amendment extends to individuals over the age of eighteen. The Supreme Court found meaning in the Constitution’s use of the same or a similar phrase as that used in the Second Amendment. Indeed, in considering the reach of the Second Amendment, the Heller Court considered the fact that both the First Amendment and the Fourth Amendment refer to a right belonging to “the people.” The First, of course, protects “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” And the Fourth proscribes violations of the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Although one can find certain limitations upon the rights of young people secured by both the First and Fourth Amendments, neither has been interpreted to exclude 18-to-20-year-olds from their protections.
Second Amendment organizations won a major victory in federal court on Friday as U.S. District Judge Katherine Menendez ruled that the state’s prohibition on lawful carrying by adults under the age of 21 is not in accordance with the history and tradition of the right to keep and bear arms.
=====
… Neither Heller nor Bruen addressed the specific issue of whether the Second Amendment’s text protects the rights of 18-to-20-year-olds. But because the normal and ordinary meaning of “the people” includes all Americans who are a part of the national community, the right codified by the Amendment appears to include them.
Second, neither the Second Amendment’s text nor other provisions within the Bill of Rights include an age limit. However, the Founders placed age requirements elsewhere in the Constitution, including for eligibility to be a House Member, Senator, or the President.
… Third, the inclusion of “the people” elsewhere in the Bill of Rights supports the interpretation that the Second Amendment extends to individuals over the age of eighteen. The Supreme Court found meaning in the Constitution’s use of the same or a similar phrase as that used in the Second Amendment. Indeed, in considering the reach of the Second Amendment, the Heller Court considered the fact that both the First Amendment and the Fourth Amendment refer to a right belonging to “the people.” The First, of course, protects “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” And the Fourth proscribes violations of the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Although one can find certain limitations upon the rights of young people secured by both the First and Fourth Amendments, neither has been interpreted to exclude 18-to-20-year-olds from their protections.
