Dec 27, 2010
The Brady Center to Prevent Gun Violence today filed a brief in the United States District Court for the Northern District of Texas urging the dismissal of an NRA lawsuit claiming that teens and young persons ages 18-20 have a constitutional right to buy handguns from gun shops. The Gun Control Act of 1968 barred these sales because of the risks of gang violence and high rates of violent crime and homicide associated with this age group.
The Student Government and Graduate Student Assembly of the University of Texas at Austin joined the Brady Center on the brief on behalf of the campus 62,000 students, along with the Texas organizations Mothers Against Teen Violence, the Texas Chapters of the Brady Campaign to Prevent Gun Violence, and Students for Gun-Free Schools in Texas.
"It is dangerous and reckless for the NRA to claim that teens should be allowed to stockpile semiautomatic handguns legally with no adult supervision. The Second Amendment allows for commonsense gun laws. It doesn't require that we make it easier for teenagers to buy handguns," said Brady Center President Paul Helmke.
The NRA's lead plaintiff in the lawsuit, 18-year-old James D'Cruz, filled his Facebook page with violent postings and a picture of himself in a black suit and hat reminiscent of John Dillinger, posing with what appears to be a machine gun or assault weapon. Many of his postings reflect his fascination with gangsters and outlaws, often quoting them, and include violent, threatening messages, such as these: "Death is but a doorway"; "in this field of hundreds begging for their lives, we shall spare none"; "After hunting men, nothing can compare"; and "There is no redemption, There is no forgiveness. I will stare into your eyes as I pull the trigger and laugh as you hit the ground with your last, pathetic breath."
Arrests for murder, non-negligent homicides and other violent crimes peak from ages 18 to 20. Even though 18-20 year-olds make up only 5 percent of the population they account for about 20 percent of homicide and manslaughter arrests. The brief cites studies showing that young persons under 21 often lack the same ability as adults to govern impulsivity, judgment, planning for the future, and foresight of consequences.
The U.S. Supreme Court has held that the Second Amendment protects a limited, narrow right of law-abiding, responsible citizens to use arms in defense of hearth and home but that laws imposing conditions and qualifications on the commercial sale of arms are presumptively lawful. The brief argues that laws restricting teenage gun purchases are reasonable gun laws permissible under the Second Amendment.
The Brady Center amicus brief was filed today in the case D'Cruz v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by attorneys with the Brady Center and the law firm Hogan Lovells.
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The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.
We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.
Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.
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