Constitution Q&A: Why age limits will be shot down

Can Dick’s Sporting Goods stop selling certain rifles? Yes. They can stop selling any item they choose because this is America, dammit.

Can Dick’s Sporting Goods stop selling certain rifles to certain ages? Depends. If the state a store is located has anti-discrimination laws that reference age, then no.  If the state does not have anti-discrimination laws referencing age, then yes. This defaults to states because federal guidance on age discrimination is limited to employment and hiring.

20-year-old Tyler Watson will win his lawsuit against Dick’s because Oregon does indeed prevent the discrimination based upon age.

But why is alcohol limited to age 21? Because there is no specified right to consume alcohol in the US Constitution.

As long as we are talking about selling goods, let’s talk about cake.

Does a baker have to sell a wedding cake to a gay couple? Yes, if it is already made and is a standard stocked item.

Does a baker have to create a wedding cake for a gay couple? No. A baker does not have to create a cake for an event that is against their beliefs. This is considered art and a form of free speech and one cannot be compelled to express a viewpoint.

Does a Muslim baker have to make me a Mohammed likeness bacon infused strawberry cheesecake? No, same as above, unless for some odd reason they typically have them on their shelves.

And now back to firearms.

Due to the Parkland shooting can states limit the sale of certain rifles to adults ages 18-21? No, that’s a ridiculous premise.

You may think I’m wrong, so let’s try that same legal logic with other scenarios.

Due to the Fort Hood, San Bernardino, and Pulse Night Club shootings is it legal to ban Muslims from buying certain rifles? No, that’s a ridiculous premise

Due to the majority of gun crimes being perpetrated by black men, is it legal to ban them from buying certain rifles? No, that’s a ridiculous premise.

Due to the Vegas shooting is it legal to ban certain rifles from people who are 64-years-old? No, that’s a ridiculous premise.

Like it or not, in America, when a person is 18 they are legally a fully emancipated adult regarding their constitutional rights. This is mainly due to the 26th Amendment to the Constitution which gives people the right to vote at age 18. There is no legal difference between the ages 18 or 81.

Ok. If individual states can’t limit based upon age, can Congress? The Supreme Court gives heavy consideration to bills passed by Congress regarding their permissiveness. However, Congress also requires 18-year-old men to register for the draft and allows people to enlist in the military at 18. There is also no data that suggest people ages 18, 19 or 20 commit gun crime at elevated rates. It is unclear what potential argument there is to limit certain ages, especially given the right to vote is 18.

What if the voting age was increased to 21? Yes, if the voting age was increased it would indicated that Americans under the age of 21 have a reduction in certain constitutional rights. This can only be accomplished by amending the US Constitution.

Wait. Doesn’t federal law prevent handgun purchases to those under 21 banned? Only from Federal Firearm Licensed dealers.

Thank you for reading. Feel free to tell me I’m crazy and / or share the post. View my homepage here. – Nick




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