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View Full Version : Possibly the best way to get get UBC thrown out



newracer
03-21-2013, 09:06
This was posted on another forum I frequent. Might be the best way to get the Universal Background Check law thrown out.


Next question: Can a person between the ages of 18 and 20 possess or own a handgun in CO? Answer: Yes. The law that prohibits a "juvenile" from possessing a handgun without being under direct supervision of an adult specifically defines a juvenile as someone under 18.

Now it's true that under Federal law, it is illegal for a minor to purchase a handgun from an FFL (EDITED TO ADD: Specifically, it is illegal for an FFL to sell a handgun to someone under the age of 21.) And with the new background check law (which presumably would require them to fill out a 4473 and meet all the Federal requirements for transferring a handgun) after July 1st, there will be no legal way for a Colorado Resident between the ages of 18-20 to legally acquire a handgun.

(It would be interesting to see someone of that age file a suit on the grounds that the law deprives them of their 2nd amendment rights. I think such a suit might actually have some traction.)

merl
03-21-2013, 09:15
it has worked unchallenged as a federal law, it wont work to challenge the state version.

newracer
03-21-2013, 09:35
How so? The feral law does not prohibit a 18-20 year old from owning a pistol, just that they cannot buy it from a dealer. This state law prohibits them from purchasing it from anyone.

sniper7
03-21-2013, 09:43
was there anything in Heller that addressed 18-20 year olds?

merl
03-21-2013, 09:54
I'm sure other states have the same law, BG check required. theirs stand.

It hs been perfectly legal to make 18-20 a quasi adult for a long time, this is just another little part.

losttrail
03-21-2013, 10:56
18 year olds can vote, serve & die for their counrty (using long and handguns), but they cannot buy a handgun or a beer. What is the age limit for buying pot in Colorado with the passage of Amend 64?

Brilliant.

Ronin13
03-21-2013, 11:00
was there anything in Heller that addressed 18-20 year olds?
Reading through Heller again, they make no mention of age...
You all can see for yourself: http://www.law.cornell.edu/supct/html/07-290.ZS.html

18 year olds can vote, serve & die for their counrty (using long and handguns), but they cannot buy a handgun or a beer. What is the age limit for buying pot in Colorado with the passage of Amend 64?

Brilliant.
21 for Amendment 64... they said treat it like alcohol. To them adult is 21, even though on most other things 18=adult.

spqrzilla
03-21-2013, 12:53
You guys missed that there was already a lawsuit - I think in Texas - trying to overturn the Federal prohibition on FFL's selling handguns to 18-20 year olds. So far it has not succeeded.

It is certainly a good argument to make, among many, in the litigation. But its not a slam dunk.

Walter.mitty
03-22-2013, 00:18
My daughter is 19 she can open carry in the State of Colorado. She can sign a contract on an apartment, credit card or car loan.
She CANNOT get her CHP until she turns 21 and she can not buy ammo for the pistols that she can legally open carry.
Here is a brain bender she can buy 30-06 ammo but not .380 someone give me the logic behind that?

I say we raise the age of enlistment to 21, if they can't drink here they don't need to be dying over there.

Great-Kazoo
03-22-2013, 01:02
Comply ? It's not even enforceable. psssssssssstttttttttt Hey kid wanna buy a mag