18 to 21 Year Olds Are Protected By the 2nd Amendment

The 5th Circuit rules that 18-21 year olds are protected by the 2nd Amendment.

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Transcript

0:15

Welcome to the Live to Sheet podcast. My name is Jeff Doddle, and I have been a licensed farm dealer for the last 18 years. And this podcast, we talk about all things related to the Second Amendment. As well as anything else going on in the world, a sports story, or anything else that I might find interesting. So, welcome, welcome, welcome. It is the end of the, you know, really the first week in February, February 7th, Friday, and it's been crazy. You know, I, in my opening, I talked about that, that, you know, I might talk about a sports story or two, and so probably for, in my area, the biggest news that's come out was the trade of Luka Doncic to the Lakers, and that has just if you weren't in the Dallas Fort Worth area, you cannot appreciate what that has done to this community. I mean, there was like memorials being set up outside of the, the arena. for LUCA and trust me it hit me hard, it hit my boys hard we are all not happy about it and we will see where it comes and then this weekend, Super Bowl, my Chiefs are in the Super Bowl so I will be pinned in watching them hoping for a three peat and we will see where things go but in the world of the Second Amendment another big case came down from the Fifth Circuit of the U. S. Court of Appeals, and that is in the Reese via the Bureau of Alcohol and Tobacco Firearms and Explosives, and in this case, the, the courts ruled that restricting the purchase of firearms for People under the age of 21, particularly 18 to 21, is unconstitutional. This was a case that was brought by three, by some individuals who are under the age and with the help of some non profit organizations, and they were prevented from purchasing a firearm. And the district court looked at this, compared it to Bruin, and determined that the Second Amendment plain text does cover the conduct of issues and, and that These individuals were protected by the Second Amendment. In the opinion of Judge Jones, who reversed the District Court's decision, holding that the federal laws are inconsistent with the Second Amendment, the court applied the Bruin Framework as refined by the Supreme Court in the United States via Rahimi. The court first held that the plain text of the Second Amendment covers the conduct of purchasing firearms by 18 and 20 year olds because the right to keep and bear arms implies the right to acquire them. So first, if you're going to bury them, you have the right to acquire them. Additionally, the term the people refers to all members of the national community, not an unspecified subset. The court rejected the government's argument that 18 to 20 year olds were not part of the political community at the founding because they were not eligible to vote or had other civil rights. The court reasoned that there is no age or maturity restrictions in the text and that the phrase The people is used elsewhere in the Constitution and the Bill of Rights to confer individual rights that undoubtedly protected 18, 20 year olds. The term The people the court also held refers to a class of persons who are part of a national community or have otherwise developed sufficient connection with the country to be a consistent part of the community. And the court noted that the prefatory clause of the amendment which states that a well Regulating militia is necessary for the security of free states. Indicates that at that time the 18 to 20 year olds were among the people whose right to keep and bear arms were protected if they were required to serve in the militia. The Militia Act of 1792 enrolled all free able bodied white males between the ages of 18 and 45 in the militia and then required them to furnish their own cells with muskets and rifles. They're required to be in the militia, they're ha they're required to purchase their own firearms. So, it's obvious that the history and tradition indicated that 18 to 21 year olds, at the time of the founding, were able to purchase firearms. The court rejected the government's reliance on 19th century statutes that purported to restrict firearm access, finding that those that were passed way too late after they were not part of the founding. And so, now This, this is a significant because it's a federal appellate court to strike down the ban. The opinion is notable for extensive historical analysis. It also directly conflicts with the Tenth Circuit's decision in Rocky Mountain Gun Owners versus Paulus which upheld a similar state ban on 18 to 20 year old adults. This decision will likely have implications and for federal federal and state rights on 18 20 year olds who carry and use firearms and this is likely then because we do have conflicts between the districts, make its way to the Supreme Court it's really interesting so you know here lately the, the, those under 21's rights have been challenged and so far have been held up by the court. The state of Texas recently when they passed constitutional carry said that that it only applied to over 21 year olds that went to the fifth circuit. And they again struck down that rule and said, no, they, they are able to constitutionally carry per the second amendment. And this is also as applies to purchases. So it historically, the, the, the law has been that. If you're over 18, you could purchase a long gun, but not a handgun. And that was a federally, a federal, and as well, pushed down to the states. But then other states have, have, have even extended that. Even in the great state of Florida, following the Parkland shooting, and in support by our current district of attorney attorney general, raised the age of purchasing firearms, long guns and handguns. to 21 in the state of Florida. So if this all moves forward, all those types of laws are going to get struck down and those under 21. will be able to purchase and legally own firearms. Now, you know, just to be clear, they've always had the right to possess one. So you could be given one as a gift and you could possess it. Now, you know, plain state of Texas, they can conceal carry legally. And now in theory, and I don't know how this, you know, this works whenever you have different districts conflicting in their opinion, obviously a 21 year old can't, an 18 year old can't come into me and buy a, buy a handgun right now because it's still prohibited but the court has, has struck it down in my district and so it is going to be something that is going to have to eventually get settled by the Supreme Court to determine, you know, what is this across the land and I think the reasoning that the circuit did here was quite clear. Thorough and to me it seems like it'd be a good case to to get to the Supreme Court and to make clarify further. What the rights of of those under 21 as it pertains to firearm purchasing and possessing Because we are they are enlisting in the military. They have all these rights and we will not let them pursue One of the greatest rights and that's the right of self protection and the right to protect to possess and purchase Firearms, so we will sit back and watch what happens. This is going to come to a head here soon and hopefully we can get this to the Supreme Court and they can make a decision on it maybe in this term. I don't know. I don't know. We will see. Go Chiefs. I appreciate everybody listening. Share this podcast with others. Let everybody know, you know, especially if you got ones under 21, that their rights are starting to expand. And again, hopefully that they will be conclu included in the Bill of Rights, finally. It's crazy that how we use the Second Amendment and treat it differently than other, other rights, like the freedom of speech. It is considered, you know, I think a second hand right. Or, that we list, but it isn't. There's a reason why it was put second because it protects the first. And we have to continue to do that. President Trump, been doing great things this week. Man is, is insane with how he is moving things along and, and doing things in our country. And, and you know, they keep talking about how he's destroying the constitution. Things like this give me faith that we can withhold the, upheld the constitution and that the, our current president Trump, he is bringing us back to the constitution and the way things are working. that the president runs the country, not these three letter agencies and bureaus that we have. So keep up the good fight, President Trump. We're all supporting you. Y'all have a great week and go Chiefs. Thanks.