That’s what state Senator Roland Gutierrez wants to do.
Texas State Sen. Gutierrez announces ‘common sense gun safety’ bills</a
In a news release sent out Tuesday morning, Gutierrez’s office said the bills will address purchasing age requirements, a bulk ammunition database and the safekeeping of firearms.
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Gutierrez started the conference by stating that he is not looking to take guns away; rather he wants the state to raise the age requirement of those who can purchase firearms from 18 to 21.
Given the BRUEN test of general historical tradition, that is likely to backfire on him. The general (federal) tradition at the time was The Militia Act of 1792, which specified:
“That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia”
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“That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock“
18 year-olds must be armed. So raising the age won’t fly. And federal courts are beginning to agree.
The “backfire” part lies in the current law, 10 U.S. Code § 246 – Militia: composition and classes: “able-bodied males at least 17 years of age“.
Seventeen year-old males are in the militia.
Should Gutierrez’s proposal pass and be signed into law, court challenges — under BRUEN precedent — are very likely to force lowering the minimum age to purchase a firearm.
I think his other bills — safe storage, ammunition background checks and registration, liability insurance, etc — should also be reexamined in light of BRUEN. I think you’ll find Associate Justice Thomas’s words on surety interesting, when considering the liability insurance proposal:
…the surety statutes presumed that individuals had a right to public carry that could be burdened only if another could make out a specific showing of “reasonable cause to fear an injury, or breach of the peace.
The closest thing to firearm liability insurance only began happening in the mid-19th century, and then only for those against whom a credible and specific showing of a threat had been made (take note of that for “red flag” laws, too).
In case you wondered, Gutierrez is a Dimwit-ocrat; adf the Dims are being very slow to catch on to the nuances of BRUEN, and the new original playing field.
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