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      GUN CONTROL LEGISLATION


      This is what we thought we got today in Florida:

      On Friday, in a dramatic turnaround in one of the most gun-friendly states in America, Gov. Rick Scott signed into law an array of gun limits that included raising the minimum age to purchase a firearm to 21 and extending the waiting period to three days. It was the most aggressive action on gun control taken in the state in decades and the first time Mr. Scott, who had an A-plus rating from the National Rifle Association, had broken so significantly from the group.--https://www.nytimes.com/2018/03/09/us/florida-gove...


      This is the reality of what the wording of that legislation has brought:

      The National Rifle Association sued in federal court Friday to block a new Florida law, just signed by Gov. Rick Scott, that prohibits gun sales to anyone under 21. --https://www.tallahassee.com/story/news/2018/03/09/...


      AND THE NRA WILL WIN

      Why?

      Because those learned individuals in Florida that wanted so badly to do SOMETHING proper and good decided to make it illegal for ANYONE under age 21 to purchase ANY type of firearm. The effectively DID inhibit the 2nd Amendment rights to that age group class of American Citizens who are legal adults in the eyes of the law and entitled to vote.

      Had SOMEONE been smart enough to restrict those purchases to a class of weapon, say a semi-automatic rifle, a case would have a much greater chance of standing a court test.

      Because there are no limitations on firearms banned by this law to this age-group, this law will fail.

      A tragic mistake...if it was one. Too many people, including Rick Scott were desperately seeking means of extricating themselves from this situation while not looking like bloodlust monsters that didn't care about gun violence.

      Depending on how the bill is structured, the whole piece of legislation could go down in flames with a successful court challenge.


      I swear Niccolo' Machiavelli is wandering the swamps of Florida. This is too good NOT to have been planned.

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          Mystery Tour
          10 months ago

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          In some states drinking is prohibited for those who are under 21. All classes of drinking. So is buying cigarettes. The Florida bill will stand.

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              Dr. Billy Kidd
              10 months ago

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              The is no specific bill of rights that prohibits the Government from infringing on one's right to buy and smoke tobacco products. There is a bill of rights specific to keeping and bearing arms which shall not be infringed. That's the different so your forgetting about the 2nd amendment. That's why this law will be declared unconstitutional and be null and void.


              And 18 year old can join the military and be issued an full automatic REAL ASSULT WEAPON called the M16 which used magazines (not clips) that hold 30 or more 5.56 ammo or any other machine gun that they require such as a fully automatic M4 Assault Rifle but they can't go to a store and buy any other rifles or pistol! Now that's unconstitutional. And I hope the Supreme Court Justices take this up if the district and appellate courts disagree with the NRA.

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                      Dr. Billy Kidd
                      10 months ago

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                      Drinking, driving and smoking are not rights protected within the Bill of Rights. They are privileges sanctioned by law.

                      If an eighteen year-old is to be considered an adult by most reasonable standards, Florida is going to have to show cause to justify raising the age limit to 21 for ALL guns.

                      Such statistics were available when age limitations for drinking, driving and smoking were considered in those States which addressed those particular items to justify a change in age requirements for purchase.

                      It is the "ALL" in that bill that will hang it. But I fervently believe that that was a planned mistake.

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                              Dr. Billy Kidd
                              10 months ago

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                              In all states driver-licenses, sexual consent, talking dirty on the internet, looking at porn are parsed by age, too. Jeesh. That a duly elected state legislature inserts an age restriction into its own gun-statutes seems ligit to me. Hell there are perfectly constitutional national age-standards -- voting, age-of-majority, military-eligibility and draft-registration come to mind.

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                                      Mystery Tour
                                      10 months ago

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                                      Just asking as an interested foreigner. How have New Jersey's apparently much stricter gun laws than the ones in question here stood up to legal challenges from the NRA and others at the state and federal levels? Please correct me if I'm wrong about NJ.

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                                          Jyri Kokkonen
                                          10 months ago

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                                          Good point.

                                          To date, New Jersey's stricter laws concerning "Assault type Weapons", ammunition capacity, and background checks (for private sale of handguns) have held their ground against court challenges as statutes regarding all three issues (not normally seen in other states) still stand.

                                          As the late Justice Antony Scalia suggested, The Second Amendment doesn't necessarily grant UNFETTERED access to firearms. States, like New Jersey, have been successful in establishing statutes targeting specific aspects of firearm classifications to assist in regulation and access of SOME, but not ALL firearms, or features of firearms.

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                                              Mystery Tour
                                              10 months ago

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                                              I disagree.... Those so called adults can vote but cannot do a number of things that require they attain the age of 21.. Drinking, driving a commercial vehicle, enter into many forms of contract.. The NRA will lose and of all ironies it will be because of the way Justice Antonin Scalia wrote the majority opinion in Heller v DC... In it he made clear that the individual right implied in the second amendment was not an absolute right and that the government also had a Constitutional duty to protect the public which made it possible to regulate WHO can buy a gun and what kind of gun it could be.. Scalia only protected so called "traditional firearms for traditional purposes with even those being subject to at least some regulation....


                                              nope, the NRA hasn't got a leg to stand on.

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                                                  Azxff
                                                  10 months ago

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                                                  One can easily confuse Rights with privileges.

                                                  Privileges, such as drinking, driving, and contractual obligations can be (and are) regulated State by State in each's own manner.

                                                  Rights such as the franchiser to vote and those guaranteed by the Bill of Rights, are REQUIRED (under the 14th Amendment) to be equally available from State to State.

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                                                          Mystery Tour
                                                          10 months ago

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                                                          It has been discovered that the human brain does not understand action and consequence until age 25 for boys and something lower for girls, I forget what. So why then are they considered adults at age 18? They should not be considered adults at least until the age of 21 which is the drinking age in Texas. They can go to war, vote, and anything else at 18 but cannot have a beer.

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                                                              carlysue
                                                              10 months ago

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                                                              Prior to the 1900s, it was common for 16 year olds to fight in the armed services in the United States.

                                                              Adulthood is a relative term which I don't care to debate.

                                                              The point of the issue is the lack of thought in this change with protection to regulate specific classes of firearms.

                                                              Drinking, driving and other PRIVILEGES can be (and are) regulated differently from State to State. Rights guaranteed by the Constitution, with the 14th Amendment have to be governed with equality from State to State.


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                                                                      Mystery Tour
                                                                      10 months ago

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                                                                      I am with you. As soon as I saw how the law was written, I thought they wrote it that way on purpose, so it would be struck down.

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