AVALANCHE-JOURNAL

A Lubbock courtroom could be the location of a major change in national gun laws.

James A. D’Cruz, 18, has asked a federal judge to declare unconstitutional the ban on handgun sales by federally licensed dealers to 18-20-year-olds.

The suit against the Federal Bureau of Alcohol, Tobacco, Firearms and explosives was filed just days after D’Cruz visited Sharp Shooters, Inc. and asked if he was legally able to buy a handgun. The employee told him he couldn’t.

According to the suit, D’Cruz is a well-trained, lawful owner of both long guns and handguns and is a decorated competitive Junior Reserve Officers’ Training Corps marksman.

D’Cruz’s suit argues the ban violates the rights of millions of responsible Americans and therefore is invalid under the Second and Fifth Amendments.

D’Cruz is represented by local attorney Fernando M. Bustos, as well as Washington, D.C., firm Cooper and Kirk, which has represented the National Rifle Association in constitutional litigation for years.

Bustos did not return a phone message left Monday morning.

News of the lawsuit quickly spread across gun rights forums and message boards, and the lobbying arm of the NRA quickly released a statement.

“In Heller and McDonald, the U.S. Supreme Court clearly stated that the Second Amendment guarantees a fundamental, individual right to keep and bear arms for all law-abiding Americans,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action.

“That right is not limited only to Americans 21 years of age and older. ... But while the Supreme Court has consistently made clear that the federal government cannot ban or unduly restrict sales of items protected by the Constitution, the federal government continues to prohibit these adults from purchasing handguns from federally licensed dealers, which represent the largest and most accessible means of purchasing handguns.”

Heller and McDonald are recent Supreme Court cases clarifying the Second Amendment.

In District of Columbia v. Heller, the Supreme Court ruled that the Constitution grants adults the individual right to bear arms inside a home in federal enclaves.

McDonald v. Chicago went further in holding that the Second Amendment is made applicable to the states by the 14th Amendment.

Current law prohibits Federal Firearm License holders from selling handguns or handgun ammunition to anyone under the age of 21. It is also illegal for a person who doesn’t hold an FFL to sell a handgun to a resident of another state.

The only remaining way for an 18-20-year-old to legally purchase a handgun is in a face-to-face transaction with a seller who lives in the same state as the buyer.

D’Cruz argues in the suit that the Gun Control Act of 1968 “significantly discourages and eliminates the private ownership of firearms for lawful purposes by certain law-abiding citizens.”

The suit asks Judge Sam Cummings to declare the section of law banning handgun sales to 18-20-year-olds unconstitutional and to bar the BATFE from enforcing it.

University of Texas School of Law professor and Second Amendment expert Lucas Powe said 18-year-olds are considered adults in some situations and considered minors in others, such as in regards to alcohol consumption.

“There is no second amendment right for a 6-year-old, so it is a matter of line drawing since a blanket ban on adults is unconstitutional under Heller,” Powe said in an e-mail.

To comment on this story:

logan.carver@lubbockonline.com • 766-8704

shelly.gonzales@lubbockonline.com • 766-8747