Jones v. Bonta - Age-Based Ban on Firearm Purchases

[taperxz]

Consuming alcohol is not a protected Constitutional right.

21st amendment disagrees with you

[Yodaman]

21st amendment disagrees with you

Well played!


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[mit31]

It does? The 21st amendment repealed prohibition on "the manufacture, sale, or transportation of intoxicating liquors.” It doesn't guarantee the right to consume or possess. In fact, it allows the states to heavily regulate both.

21st amendment disagrees with you

[ddestruel]

21st amendment disagrees with you

[Epaphroditus]

Among these are Life, Liberty and The Pursuit or Happyness

Includes intoxicating substances.

Rights reserved by the people take precedence over states claims.

[mit31]

You are quoting the declaration of independence, not the constitution.

Among these are Life, Liberty and The Pursuit or Happyness

Includes intoxicating substances.

Rights reserved by the people take precedence over states claims.

[TruOil]

Consuming alcohol is not a protected Constitutional right.

You beg the question, unless you are arguing that the State can enact no restrictions on the right to bear arms--i.e., that even a 2 year old has the right to run around cocked and locked. I don't see any court accepting such a proposition, but instead, that any right of nonadults is subject to parental control--and the state is the superparent.

[CaliforniaCowboy]

Yup. Either make the age of adulthood 21 for everything (including marriage, sexual consent, signing legal documents, joining military, etc.) or else make the age of adulthood 18 for everything. Pick one.. you can't just cherrypick and decide that people in a range of different ages are "minors" for some things and "adults" for other things. It's ridiculous. I don't care if they decide that age is 16, 18, 19, 21, or 25... just pick a damn age and apply it to everything, and stop moving the damn goal posts.

The dems want to lower the voting age to 16

[crasch]

The dems want to lower the voting age to 16

That's because they have brainwashed children. It takes late stage adult hood to make most people to stop voting for cronies Democrats.

[FirearmFino]

Other due dates:

NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation will be held on 9/30/2019 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Joint Discovery Plan due 9/20/2019. Signed by Magistrate Judge Barbara Lynn Major on 8/22/2019.(lrf)

[dfletcher]

Many states that had an 18 year old age for alcohol have changed to 21, or 18 for bear/wine and 21 for the hard stuff. Too many problems with drunk drivers. My old stomp0ing ground was Louisiana. When I started college a long time ago, it was 18 for everything, but no more.

I had a case in which the age of being an "adult" for the liquor liability law wa an issue. A draft stature had specified 21, but a later version (and for no apparent reason) changed that to an "adult" without specification of age. As it turns out, California use both ages in different statutes, so it is a mixed bag as to whether the courts will agree that there is not inherent right as to the age at which one becomes an adult, ad therefore the state has the right to set it wherever it wants. And as it stands, the state has a 21 year old requirement for handguns, perhaps due to the fact that such arms are used more often in shootings than any other; is it any wonder that "AWs" are (on obviously slanted statistics) viewed as being just as "dangerous"? Good luck, but it will be a hard one to reel in.

Winning anything is a challenge, I'm hopeful on two counts.

The firearm involved in the Heller case was a handgun. And for some reason lost on me, the decision made reference to handguns being especially well suited for self-defense in the home. Paired with the 5th Circuit Court's reasoning in their decision upholding a ban on FFL sales to 18 to 20 year olds.

http://www.ca5.uscourts.gov/opinions/pub/11/11-10959-CV0.wpd.pdf

In that case out of TX the 5th based their decision in part on the fact that an 18 to 20 year old could purchase a handgun privately. As in a truly private, paperless sale. That's not an option in CA where all handgun sales must go through an FFL. There is in CA a defacto prohibition on any 18 to 20 year old legally acquiring a handgun for self-defense in the home.

All of this means nothing to the CA courts and especially the 9th. And the court could simply say "the legislature gets to set age limits" as it sees fit and be done with it. The legislature can set age limits for voting, operating a motor vehicle on a public way, marriage, entering into a contract, consuming alcohol, smoking, etc. None of which are rights but each of which, it would be said, have an impact on public safety. I'm not on board with that line of thinking, but many will be.

As an aside, reading the 5th's decision, they put 18 to 20 year olds just a hair's breadth above criminals and other miscreants for their inclination to do wrong. I'm about 40 years past that age group, but reading it - it was fairly offensive. They're not the brightest lot out there, but the court treated them poorly.

[command_liner]

This is part two of a squeeze play. The other part was introduced earlier.

It goes like this:

1) California says the state can impose a tax on the enumerated rights? OK, then Georgia says it can impose a tax on the non-enumerated right of abortion. Lets say, $10K per event. Litigation underway.

2) California says the state can impose age restrictions on enumerated rights? OK, we can have Alabama raise the abortion age to 45. Lets litigate! We can meet at the USSC.


Since Heller, every piece of litigation in this domain must be examined in the shadow and domain of abortion.

[pacrat]

This is part two of a squeeze play. The other part was introduced earlier.

It goes like this:

1) California says the state can impose a tax on the enumerated rights? OK, then Georgia says it can impose a tax on the non-enumerated right of abortion. Lets say, $10K per event. Litigation underway.

2) California says the state can impose age restrictions on enumerated rights? OK, we can have Alabama raise the abortion age to 45. Lets litigate! We can meet at the USSC.


Since Heller, every piece of litigation in this domain must be examined in the shadow and domain of abortion.

I CALL BS

Roe.................1973 was settled law, 25 yrs before Heller in 2008. And has nothing to do with Heller. Unless a woman wants to store her firearm inside her lady parts. And a law is passed to forbid it.

[FirearmFino]

JOINT CASE MANAGEMENT STATEMENT by Beebe Family Arms and Munitions LLC, Firearms Policy Coalition, Inc., Firearms Policy Foundation, Thomas Furrh, Matthew Jones, North County Shooting Center, Inc., PWGG, L.P., Second Amendment Foundation, The Calguns Foundation.

Plaintiffs intend to file a motion for preliminary injunction. This motion will be filed the week of October 1, 2019. The parties have previously met and agreed that they will file a joint stipulation seeking to amend the briefing schedule and hearing date for the preliminary injunction motion after the motion is filed. The parties will meet and confer further on an agreed briefing and hearing schedule, and file their joint stipulation shortly after Plaintiffs file their motion.

[vino68]

While I agree the suit is justified, and any attack on the nonsense applied against CA gun owners is a good idea in the abstract, is this a wise use of funds just now?

The pleadings in my mailbox, nearly at the level of Democrat fund-raising, persist in telling me someone does not have enough money to prosecute already-existing cases.

I agree. I question what the FPC actually does. My money goes to the CRPA.
They are always begging. I like Adam from TGC but I find FPC annoying at this point.