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NRA Challenges Constitutionality Of Federal Handgun Ban For Law Abiding 18-20 Year-Olds

Friday, September 10, 2010

The NRA is challenging federal laws that prohibit law-abiding Americans 18-20 years of age from legally purchasing a handgun through a federally licensed firearm dealer. The case was filed Tuesday evening in the United States District Court for the Northern District of Texas Lubbock Division. James D'Cruz of Lubbock, TX is the plaintiff in this case.

"In Heller and McDonald, the U.S. Supreme Court clearly stated that the Second Amendment guarantees a fundamental, individual right to keep and bear arms for all law-abiding Americans," said Chris W. Cox, executive director of NRA's Institute for Legislative Action. "That right is not limited only to Americans 21 years of age and older. Indeed, throughout our nation's history, adults beginning at age 18 have served in the military and fought for this country with honor. But while the Supreme Court has consistently made clear that the federal government cannot ban or unduly restrict sales of items protected by the Constitution, the federal government continues to prohibit these adults from purchasing handguns from federally licensed dealers, which represent the largest and most accessible means of purchasing handguns."

The suit asserts: "At 18 years of age, law-abiding citizens in this country are considered adults for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights."  Indeed, at 18, citizens are eligible (and male citizens could be conscripted) to serve in the military--to fight and die by arms for the country.  Yet, Section 922(b)(1) prohibits law-abiding adults in this age group from lawfully purchasing -- from the most prevalent and readily available source -- what the Supreme Court has called "the quintessential self-defense weapon" and "the most popular weapon chosen by Americans for self-defense in the home."

The plaintiff, Mr. D'Cruz, is well-trained in the proper handling and use of firearms, including handguns. His initial training was with his grandfather, a World War II veteran, who wanted his grandchildren to understand the proper and safe techniques for use and storage of firearms. Mr. D'Cruz received further training from his father and as a member of the Navy Junior Reserve Officer's Training Corps, where he achieved the rank of Lieutenant Junior Grade. During his junior and senior years of high school, Mr. D'Cruz was a member of the JROTC's marksmanship team, and as member of that team has competed in regional and national marksmanship competitions. Mr. D'Cruz received numerous awards, including a first place medal for marksmanship, in a regional competition. Mr. D'Cruz also received a Foreign Legion unit award for marksmanship.

The case is D'Cruz v. BATFE.

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Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

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“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

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Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

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Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Monday, April 24, 2017

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Tomorrow, a subcommittee of the Senate Judiciary Committee will hold a hearing to discuss several firearm-related bills, and subcommittee members need to hear from you.

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

Yesterday, the state Assembly passed Assembly Bill 7 by a vote of 44 to 29.   AB 424 was not considered during yesterday’s floor session, however it remains eligible for a vote at any time.  

Rhode Island:  House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

Monday, April 24, 2017

Rhode Island: House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

On Tuesday, April 24, the House Judiciary Committee will hold a marathon hearing on several anti-gun bills.

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

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Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Early this month, members of the gun-control group Prosecutors Against Gun Violence met at a “Manhattan Summit” and took the time to express their dismay and alarm over federal bills proposing national concealed carry reciprocity. ...

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

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Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity ...

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

Guide To The Interstate Transportation Of Firearms

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Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.