Doug_Nightmare
Active member
http://reason.com/volokh/2019/02/26/second-amendment-rights-of-young-adults
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3231468
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3205664
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3231468
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3205664
Do persons under 21 have any Second Amendment rights? Around the nation, gun control activists have been pushing for laws to prohibit firearms for persons under 21. In a symposium issue of the Southern Illinois University Law Journal, Joseph Greenlee and I examine the issue.
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In sum, the legal tradition of the nineteenth and early twentieth centuries, as well as post-Heller federal circuit cases provide two approaches to the right to arms of persons under 21. Under the 1911 approach of the Georgia Court of Appeals, and of the modern Fifth Circuit, persons under 21 have no rights that the government is bound to respect. Under the approach of the Seventh Circuit, people under 21 may sometimes be subject to extra regulation, but not to prohibition. A ban on long guns for persons 18-20 is bereft of any support in history and tradition.