Wednesday, January 25, 2023

Georgia: 18-20 Year Old's Second Amendment Rights © 2023 Phillip Evans

In the state of Georgia (as elsewhere) adults 18 and over are not second class citizens. They have reached the age of majority and are no longer minors. Are they to have all of their constitutional rights except for those enumerated in the Second Amendment?

May of 2021 saw plaintiffs Christopher Baughcum Jr., Zane Meyers, Sophie Long, and Firearms Policy Coalition file a lawsuit* against three Georgia probate judges who are charged with issuing weapons licenses. These judges will not issue a license to anyone under 21 unless they are in active duty military service or honorably discharged from such.

The plaintiffs desire to carry a handgun in public for self-defense purposes, and did not apply for a license, as that would have been a futile exercise. Surely an honest court would not require one to resort to futility in order to have standing to sue for their rights.

Thankfully, it is on appeal. In light of Bruen, it should be decided on the merits in their favor, as I predict it will.

However, the Georgia General Assembly, long held in the majority by Republicans, can fix it this year by repealing the general ban on adults 18-20 carrying handguns in public. 

A few of our lawmakers are stalwart supporters of our Second Amendment Rights. Sadly, too many give not much more than lip service. 

Ironically, it might be better for a higher court to handle this instead of the General Assembly, and over-turn the ban as unconstitutional. That way, anyone convicted under that law while committing no other offense could have their record cleared, and possibly win monetary damages for being incarcerated or fined just for exercising their right to be armed outside their homes while being an adult but not yet old enough to qualify as a "lawful carrier" under the current state of infringement.

* One of plaintiffs' counsel is Atty. John R. Monroe who is a founding member of GA2A and Vice President.

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