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<![CDATA[age restrictions]]>

SecDef wants to study waiting periods, age restrictions on guns and ammo for active duty military

March 17, 2023 by Cam Edwards Leave a Comment

Defense Secretary Lloyd Austin is calling on the Pentagon to hire more mental health workers and directing military-run health care clinics to screen for alcohol abuse in order to reduce veteran suicides, but he’s holding off on implementing several anti-gun proposals recommended by the Suicide Prevention and Response Independent Review Committee, at least for a few more months.

That committee is recommending the Defense Department institute a seven-day waiting period for all gun sales on DoD property, along with a four-day waiting period for ammunition purchases. In addition, the committee says the Pentagon should raise the age to purchase a firearm on base to 25-years-old. On Thursday Austin called for the creation of a suicide prevention working group that will look at how feasible it would be to implement the committee’s recommendations, with a deadline of June 2nd for the working group to submit its findings.

His orders reflect increasing concerns about suicides in the military, despite more than a decade of programs and other efforts to prevent them and spur greater intervention by commanders, friends and family members. But his omission of any gun safety and control measures underscores the likelihood that they would face staunch resistance, particularly in Congress, where such legislation has struggled in recent years.

Brig. Gen. Pat Ryder, the Pentagon press secretary, told reporters in a briefing Thursday that Austin’s orders involved areas where the department already has the authority to take immediate steps.

“While we recognize that suicide has no single cause, and that no single preventative action, treatment or cure will eliminate suicide altogether, we will exhaust every effort to promote the wellness, health and morale of our total force,” Ryder said.

The initial study committee recommended that the department require anyone living in military housing to register all privately owned firearms. In addition, the panel said the department should restrict the possession and storage of privately owned firearms in military barracks and dorms.

Reducing veteran and active duty suicides is an incredibly important goal, but the draconian gun control policies recommended by the committee are liable to create a backlash; not only on Capitol Hill but among many military members and potential recruits, at least if Austin moves forward with implementing them. The military is already struggling to meet its recruiting goals, and imposing a host of anti-gun restrictions on active-duty and reserve members would likely make those problems a lot worse.

That helps to explain why Austin didn’t immediately move to implement those proposals, but choosing to kick this can down the road for a couple of months rather than reject the gun control components of the suicide prevention recommendations means that these bad ideas could still become a nightmare for members of the military before long. Instead of trying to restrict the Second Amendment rights of our men and women in uniform, I hope that Austin’s working group takes a look at some of the efforts to prevent veteran suicide taking place within the 2A community, starting with the Sentinel app that was recently awarded a $1-million dollar grant from the VA. The app was developed by D.C. Project member Kathleen Gilligan, who lost her own son to suicide a decade ago, and aims to help veterans look out for each other.

The app itself has several components, and one of its strengths is its customization. One of the goals of the app is encouraging veterans to store their firearms safely, but its backbone is a veteran-specific community support network that allows and encourages veterans to look out for each other.

“We tie safe storage of firearms into a safety team of trusted fellow veterans, family, and friends,” Gilligan explained in an interview with Bearing Arms. “Sentinel allows real-time alerts whenever a firearm is unlocked if it’s connected to the Sentinel system. You can choose to let your buddies know you’re unlocking your firearm. That could be anything from ‘I’m unlocking it because I’m going to the range’, a break-in, or ‘I’m feeling suicidal and I want to end my life.’”

But users of the Sentinel app don’t have to use this feature if they don’t want to. Gilligan spoke to many veterans and gun owners as she and her partner were designing the app, and quickly realized that customization was key if she was going to get buy-in from the community.

As a result, the Sentinel app allows for multiple settings for veterans to pick and choose from when it comes to firearms storage. The electronic locking devices are one option, but Gilligan says that users can also simply receive an alert if any unlocked firearms are accessed when they’re not around.

“We don’t need any more laws. We know that, right? I’m a Second Amendment protector. I’m the Washington State director for the D.C. Project, which is women for gun rights. But what we all recognize is that veterans know that a firearm is going to work. If they want to end their life they know that’s going to work. So we have to say we know that vets love their firearms, we know that we should have them, we know that they can do a lot of good for us including protecting our homes. But just being willing to blow up that conversation and say “look, let’s just be real about it. Let’s talk about veteran suicide and what it means when you have a firearm in their home. And let’s let them decide, with their trusted peers, or their family, or their fellow vets, how they want to be safe. That’s really the crux of the project.”

 Why not a Sentinel-style app or program for active-duty military as well as veterans? That could be an invaluable tool in the fight against military suicides, while showing far more respect for members of the military as well as their fundamental civil rights. I’d love to see something like this come out of the working group’s recommendations, but I doubt it’s going to happen, especially with Joe Biden calling on the Pentagon to help enact his anti-gun agenda through executive actions. It’s good that Austin hasn’t immediately implemented these waiting periods and age restrictions, but until these terrible ideas are officially shot down gun owners in-and-out of uniform should be very concerned about the dangers they pose to their fundamental rights. We can and should help our military members not only survive but thrive, but there are much better ways to do so than waiting periods, age restrictions, and other infringements on their Second Amendment rights.
If you or anyone you know is struggling with thoughts of suicide, please reach out to the 988 Suicide and Crisis Hotline, which also includes the Veterans Crisis Line. The confidential toll-free hotline also offers online chat or text. Veterans and their loved ones can call 988 and press 1, chat online, or send a text message to 838255 to receive confidential support 24 hours a day, 7 days a week, 365 days a year. 

Filed Under: <![CDATA[age restrictions]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[Lloyd Austin]]>, <![CDATA[suicide]]>, <![CDATA[Video]]>, <![CDATA[waiting periods]]>, Bearing Arms, News

Florida’s age restriction on gun sales upheld by federal appeals court

March 10, 2023 by Tom Knighton Leave a Comment

The state of Florida has a reputation as being fairly pro-gun, a reputation that may well be burnished should it pass constitutional carry.

Yet in the aftermath of the Parkland massacre, the state went a different direction.

Lawmakers, amid public outcry, passed a number of gun control measures such as red flag laws and an age restriction on long gun sales.

The age restriction was a particularly egregious law, one that sparked a lawsuit by the NRA.

On Thursday, a federal court upheld the law.

A U.S. appeals court on Thursday upheld a Florida law barring people under age 21 from buying a gun, rejecting a challenge by the National Rifle Association gun rights lobby group.

A unanimous three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals found that the law was in line with the historical tradition of gun regulation in the United States, meeting a new standard for gun control laws set by the U.S. Supreme Court last year.

Wait…really?

Yep.

The 11th Circuit panel decided on Thursday that this one was, pointing to more than a dozen 19th century state laws barring people under 21 from buying guns.

Judge Robin Rosenbaum, who wrote the ruling, said that while those laws did not go back to the nation’s founding, they were relevant because they were passed around the time that the Constitution’s 14th Amendment was adopted, which extended the Second Amendment to state laws.

Two of judges on the panel were appointed by Democratic presidents and one by a Republican.

Now, this is a concern for me. As a I recall, Bruen explicitly directs the courts to consider laws in existence at the time of the nation’s founding, not around the time of the 14th Amendment’s passage, which was the better part of a century later in the wake of the Civil War. [Editors note- Justice Thomas acknowledge in Bruen that there is a “scholarly debate” over “whether courts should primarily rely on the prevailing understanding of an individual right when the Fourteenth Amendment was ratified in 1868 when defining its scope”, but added that “the public understanding of the right to keep and bear arms in both 1791 and 1868 was, for all relevant purposes, the same with respect to public carry.”]

As such, I find it difficult to believe that should this lawsuit be carried further–and the NRA will most definitely continue with this case if there’s any way they can–that this ruling won’t be overturned.

1868 and 1791 are not the same thing. The passage of the 14th Amendment may well have existed at the same time as a number of age restrictions on the sale of firearms, but it was near 80 years after the Constitution was signed and almost as long since the Second Amendment was ratified.

To say that our Founding Fathers would necessarily have approved of anything happening at that time requires at least some degree of speculation, and that’s not what Bruen laid down.

In that decision, the court notes that the only acceptable gun control is that which existed at the time of the Second Amendment’s creation since that’s the only way to determine which limits the Founders deemed acceptable.

The last time I checked, the aftermath of the Civil War was a very different time with very different attitudes.

So yeah, the court botched this. Looking at the trio, I suspect a couple of the judges twisted themselves and Bruen to justify upholding this law.

The good news is that this allows the challenge to go to the next step. In order to kill these laws nationwide, we need a Supreme Court decision. This provides a potential avenue for one.

It’s just a shame we need it.

Filed Under: <![CDATA[age restrictions]]>, <![CDATA[federal court]]>, <![CDATA[Florida]]>, <![CDATA[Gun Control]]>, <![CDATA[Guns]]>, <![CDATA[Video]]>, Bearing Arms, News

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