NRA Challenges Constitutionality of Federal Handgun Ban for Law-abiding 18-20 Year Olds

Published on September 9, 2010
Duration: 6:39

This video discusses a lawsuit filed by the NRA challenging federal and state laws that prohibit law-abiding 18-20 year olds from purchasing handguns from federally licensed dealers and carrying concealed handguns. Attorney David Thompson explains the legal arguments, focusing on the Second Amendment rights of these young adults, who may serve in the military or law enforcement. The case highlights the distinction between the right to own firearms and the right to purchase and carry them, with legal precedent from Heller and Emerson v. District of Columbia being central to the argument.

Quick Summary

The NRA is challenging federal and Texas laws that prevent law-abiding 18-20 year olds from purchasing handguns from licensed dealers and carrying concealed firearms. Attorney David Thompson argues these bans infringe on Second Amendment rights, citing precedent from Heller and Emerson v. District of Columbia.

Chapters

  1. 00:00Introduction of Lawsuit
  2. 00:10Federal Handgun Ban for 18-20 Year Olds
  3. 00:39Second Amendment Infringement Argument
  4. 01:17Prohibition on Purchase vs. Ownership
  5. 01:36Government Rationale for Ban
  6. 02:02Unlicensed and Intrastate Market
  7. 02:09Texas Concealed Carry Ban Challenge
  8. 02:36Client's Self-Defense Scenario
  9. 02:56Heller and Right to Carry
  10. 03:33Plaintiff James de Cruz's Story
  11. 04:28Case Location and Judge
  12. 04:37Emerson Case Precedent
  13. 05:07Potential Appeal to Fifth Circuit
  14. 05:14Fifth Circuit's Second Amendment History
  15. 05:55Other NRA Litigation (Chicago)

Frequently Asked Questions

What federal law prohibits 18-20 year olds from buying handguns?

Under current federal law, individuals aged 18, 19, and 20 are prohibited from legally purchasing handguns through federally licensed firearms dealers. The NRA is challenging this ban as an infringement on Second Amendment rights.

What is the NRA's legal argument against the handgun ban for young adults?

The NRA argues that the federal handgun ban for law-abiding 18-20 year olds is a severe infringement on their Second Amendment rights. They contend that the government lacks a compelling interest to justify this prohibition, especially when these individuals may serve in the military or law enforcement.

Does the NRA lawsuit also challenge state gun laws?

Yes, the NRA's litigation includes a challenge to Texas's ban on concealed carry for 18, 19, and 20-year-olds. While Texas allows these individuals to possess long guns and handguns in vehicles, they are prohibited from carrying them concealed once they exit their vehicles.

What is the significance of the Heller and Emerson cases in this lawsuit?

The Heller decision established the individual right to keep and bear arms. The Emerson case, a federal court ruling predating Heller, provided an early robust articulation of this individual right. Both are cited as precedent supporting the argument that the right to carry firearms is integral to the right to keep them.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from NRA

View all →