Remember that two of these cases involved expanding access to guns to 18, 19 and 20 year olds. The court apparently see no reason to even consider the argument. I'm not sure whether this should be considered a statement about attitudes towards the Second Amendment or the Fourteenth Amendment's applicability to age discrimination. Clearly the young can still be discriminated against when it comes to gun purchases - as it can with alcohol purchases.
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The Supreme Court refused on Monday, as it has done repeatedly in recent years, to settle the issue of whether Second Amendment rights to have a gun extend beyond the home. The Court, without comment, denied three new petitions — two filed by the National Rifle Association — seeking clarification on the scope of an individual’s right to have a gun for personal self-defense. In other orders, the Court did not accept any new cases for review, although it did hold over a number of cases it had examined for potential review.
Since the Court first ruled nearly six years ago that the Second Amendment protects a personal right to have a gun, it has issued only one further ruling — expanding that right so that it applies nationwide, to state and local gun control laws, as well as to federal laws. But, without exception, the Justices have turned aside every potential sequel, essentially leaving it to lower courts to continue to sort out variations on the right.
One thing seemed clear from the denial of review of two of the new cases, the NRA’s challenges: the Court is not, as yet, ready to stop lower courts from creating an entirely new group in society with less than full gun rights. In those cases, it was youths aged eighteen to twenty years old.
One petition — NRA v. Bureau of Alcohol, Tobacco and Firearms — was a challenge to the part of a 1968 law barring licensed gun dealers from selling handguns to those in that age bracket. The other case — NRA v. McCraw — was a challenge to a series of Texas laws that generally barred individuals in that age bracket from qualifying for a license to carry a handgun in public, outside the home.
In separate rulings in those cases, the U.S. Court of Appeals for the Fifth Circuit raised doubts about whether individuals in that age group are entitled to any protection under the Second Amendment, on the theory that the Supreme Court had upheld gun rights only for “responsible” individuals.
While the Supreme Court’s denial of review of those petitions was not explained, it cannot be said for sure that it agreed with the lower court’s view, but that view does prevail for the time being.
The third Second Amendment case denied review on Monday was Lane v. Holder, an attempt to get the Court to clarify when gun purchasers have a legal right (“standing,” in a technical sense) to go to court to challenge federal restrictions on gun buying. At issue is a provision of a 1968 law barring all interstate sales of guns except through federally licensed gun dealers, and whether purchasers can sue to challenge that limitation.
