|Submited on :||Thu, 27th of Sep 2018 - 15:59:53 PM|
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Whispers of 2019 anti gun legislation begins.
This Surprised Me A Little
No Surprises Here!
I expect the court to rule that stores have no obligation to sell to anyone under 21 if they don't want to. Allowing 18 year olds to buy firearms is not the same as requiring stores to sell them.
All they had to do is go to almost any other gun dealer (with the exception of Dick's which is also being sued.)
The Oregon constitution prevents discrimination by age. Our constitution gives more protections than the US.
I would expect the court to rule in faor of the 18 year old. It is legal to sell a gun to an 18 year old, and illegal to discriminate based on age, according to the Oregon constitution. It's a slam dunk for the 18 year old. It's blatant discrimination based on age. If this were in another state it may be harder to win.
In this case that is an optimistic expectation given that the discrimination law provides no exemption for Stores to refuse to sell long guns to the 18, 19 or 20 year olds. The legislature may add that exemption in the next session if the gun haters are have control again. But as of now all that will be decided is how much they have to pay her. IMHO BOLI should go after these stores that are flaunting their violations of the law. I would like to see many more youngsters challenge these stores. Walmart, Bi-Mart, Fred Meyers and Dick's.
I think the key question that needs to be determined here is that when the law says the minimum age to buy a gun is 18, is that a legal requirement? Can a store set a more stringent policy?
For example, some stores require ID for alcohol/tobacco purchases if "you look younger than 30". There's no legal requirement they do so, it's store policy.
In Oregon places of public accommodation can not refuse to sell/provide a product (including firearms) or service to those 18 and older because of age. There is an exemption for alcohol, weed and soon there will be an exemption for tobacco but currently it is not written in to the law. Handguns are a gray area in the State law. Since the stores would be prohibited by federal law to sell them to 18, 19 and 20 year olds I think BOLI and the courts would give the stores a pass. But long guns are legal to sell to 18, 19 and 20 year olds so the store can not refuse sales to that age group without breaking the discrimination law. Under the law it would be no different then targeting another age group like 40 to 43 year olds or Black people or Women. They are all grouped together and equally protected classes under Oregon law. here is the law: https://www.oregonlaws.org/ors/659A.403
The stores made these policies to gain favor among the anti-gun crowd and threw the 18-20 crowd under the bus. It will probably pay off since most youngsters don't seem to be fighting it. I support the 18-20 crowd and I wish they would stand up for themselves.