Ohio handgun sales proposal for young adults defies federal law
Senate Bill 303 aims to allow a person between the ages of 18-21 to receive or purchase a handgun from a federally licensed firearms dealer.
However, it challenges a 1968 federal law that prohibits people under the age of 21 from buying a hand gun.
"It simply sets itself up for a lawsuit," Marc Dann, managing partner at Dann Law and former Ohio Attorney General, said.
This is exactly what Dann says Republican lawmakers want.
"It sets up a classic conflict between state government and federal government. Somebody will attempt to buy a handgun, be turned down by a federal licensed dealer and that federal licensed dealer will then potentially be sued by the potential purchaser," Dann said.
This would allow the bill to have it's day in court. It's the same tactic that caused Roe v. Wade and civil rights laws in the south to be overturned.
"That pendulum of states rights verses federal rights over the course of history of the U.S. of 250 years, has swung back and forth and I think we've seen a little bit more of a swing back in order of state's rights," Dann said.
As a result, Dann believes this challenge to federal law has a chance at winning.
"The case law has been pretty clear that the second amendment really prohibits any potential impediment to people's ability to own and purchase firearms," Dann said. "I'm not sure, by the way, that the constitutional challenge to that regulation requires this state law to be passed. I'm not sure an 18 year old couldn't make that claim now," he said.
When it comes to teens and firearms, Dann doesn't believe it's a good mix.
"We oughta think seriously about putting dangerous weapons into the hands of people whose brains aren't fully developed yet," he said.
The bill was introduced to the Senate by Senator Terry Johnson and is cosponsored by Senators Al Cutrona and Jane Timken.
