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James d'Cruz v BATFE et al and James d'Cruz v McCraw et. al.


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#1 mauserme

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Posted 08 September 2010 - 12:07 PM

http://www.nraila.or...s.aspx?ID=14212

NRA CHALLENGES CONSTITUTIONALITY OF FEDERAL HANDGUN BAN FOR LAW ABIDING 18-20 YEAR OLDS

Wednesday, September 08, 2010
Fairfax, Va. -- The NRA is challenging federal laws that prohibit law-abiding Americans eighteen through twenty years of age from legally purchasing a handgun through a federally licensed firearm dealer. The case was filed Tuesday evening in the United States District Court for the Northern District of Texas Lubbock Division. James D'Cruz of Lubbock, TX is the plaintiff in this case.

"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 twenty-one years of age and older. Indeed, throughout our nation's history, adults beginning at age eighteen have served in the military and fought for this country with honor. 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."

The suit asserts: "At eighteen years of age, law-abiding citizens in this country are considered adults for almost all purposes and certainly for the purposes of the exercise of fundamental constitutional rights. Indeed, at eighteen, citizens are eligible (and male citizens could be conscripted) to serve in the military-to fight and die by arms for the country. Yet, Section 922(Posted Image(1) prohibits law-abiding adults in this age group from lawfully purchasing -- from the most prevalent and readily available source -- what the Supreme Court has called "the quintessential self-defense weapon" and "the most popular weapon chosen by Americans for self-defense in the home."

The plaintiff, Mr. D'Cruz, is well-trained in the proper handling and use of firearms, including handguns. His initial training was with his grandfather, a World War II veteran, who wanted his grandchildren to understand the proper and safe techniques for use and storage of firearms. Mr. D'Cruz received further training from his father and as a member of the Navy Junior Reserve Officer's Training Corps, where he achieved the rank of Lieutenant Junior Grade. During his junior and senior years of high school, Mr. D'Cruz was a member of the JROTC's marksmanship team, and as member of that team has competed in regional and national marksmanship competitions. Mr. D'Cruz received numerous awards, including a first place medal for marksmanship, in a regional competition. Mr. D'Cruz also received a Foreign Legion unit award for marksmanship.

The case is D'Cruz v. BATFE.



Link to oddly formatted complaint
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Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#2 Howard Roark

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Posted 28 September 2010 - 11:19 PM

Seems good: 18 year old citizens can vote. Can serve in the military. Why not trust them to have guns? BATFE, not so much trust for them.
Howard Roark
Yay guns!!! boooo anti-gunners!

#3 BigJim

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Posted 29 September 2010 - 12:31 PM

If an 18 year old joins the military aren't they given guns? In fact don't 18 year olds get to shoot fully automatic firearms, launch rockets, throw grenades, fire canons and howitzers? Seems to me that if you can trust an 18 year old with military weapons you can trust him with a handgun.
Big Jim
-----------------------------------------
I will not be commanded,
I will not be controlled
And I will not let my future go on,
without the help of my soul

The Lost Boy - Greg Holden

#4 Ol'Coach

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Posted 29 September 2010 - 07:15 PM

In that 18-21 group, some are, no doubt, already far beyond some of us in knowledge and "maturity" (read as, common sense.)
Others, let's just say, not so much!

But, I reckon that's true in any age group, isn't it? So, why not!
"He who rides a tiger is afraid to dismount."
...Chinese proverb

#5 Federal Farmer

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Posted 15 November 2010 - 02:36 PM

There is also James d'Cruz v McCraw, et. al. that is challenging Texas law prohibiting carry permits for 18-20 year olds.

Both suits discussed here with links:

http://onlygunsandmo...ng-handgun.html

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#6 mauserme

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Posted 29 November 2010 - 02:00 PM

The Brady Campaign and Mothers Against Teen Violence have file an amici brief in D'Cruz v McCraw. It, and other pertinent documents, are attached.

Attached Files


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#7 Buzzard

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Posted 29 November 2010 - 02:20 PM

If an 18 year old joins the military aren't they given guns? In fact don't 18 year olds get to shoot fully automatic firearms, launch rockets, throw grenades, fire canons and howitzers? Seems to me that if you can trust an 18 year old with military weapons you can trust him with a handgun.


Whoa! Whoa! There's way too much common sense being thrown around here!!

You're gonna cause some liberal's aneurysm to burst!
"The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes,
but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda,
they can certainly be corrected by good men with rifles." — Jeff Cooper, The Art of the Rifle

#8 Federal Farmer

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Posted 29 November 2010 - 02:45 PM


If an 18 year old joins the military aren't they given guns? In fact don't 18 year olds get to shoot fully automatic firearms, launch rockets, throw grenades, fire canons and howitzers? Seems to me that if you can trust an 18 year old with military weapons you can trust him with a handgun.


Whoa! Whoa! There's way too much common sense being thrown around here!!

You're gonna cause some liberal's aneurysm to burst!


Whoa...canons? Really? lol.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#9 GarandFan

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Posted 05 December 2010 - 06:19 PM

I've heard many folks bring up this "if they are old enough for the military ..." argument.

That 18 year olds can join the military and use military weapons under rather strict supervision isn't the most compelling argument here ...

The most compelling argument is that 18 year olds are subject to all the same enumerated rights protections as are other adults ... and that 18 is generally considered "adulthood" for legal reasons regarding liability (ie. 18 years is generally the age at which one can be tried as an adult). In come cases, earlier than 18 ... but by 18, for sure.
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#10 Ol'Coach

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Posted 08 December 2010 - 09:56 AM

I've heard many folks bring up this "if they are old enough for the military ..." argument.

That 18 year olds can join the military and use military weapons under rather strict supervision isn't the most compelling argument here ...

The most compelling argument is that 18 year olds are subject to all the same enumerated rights protections as are other adults ... and that 18 is generally considered "adulthood" for legal reasons regarding liability (ie. 18 years is generally the age at which one can be tried as an adult). In come cases, earlier than 18 ... but by 18, for sure.


...and can legally enter into a contract, which, I suppose, is technically why one can enter the military.
"He who rides a tiger is afraid to dismount."
...Chinese proverb

#11 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 08 December 2010 - 10:20 AM

http://www.kcbd.com/....asp?S=13628532

Lubbock teen drops some but not all Texas officials from gun lawsuit

Posted: Dec 07, 2010 5:57 AM CST
Updated: December 7, 2010 7:35 AM EST'

By James Clark

LUBBOCK, TX (KCBD) - A Lubbock teenager agrees to dismiss certain people from his lawsuit against the state of Texas. James D'Cruz and the National Rifle Association are suing Texas in Lubbock federal court. On Friday D'Cruz agreed to drop Texas Public Safety Commission Board members from his lawsuit. The Texas DPS Director Steven McCraw is still, however, named in the lawsuit.

D'Cruz claims it's unconstitutional for Texas to prohibit concealed carry permits for persons between the ages of 18 through 20. The case has made national news several times. Just a few days ago the Washington Post wrote an editorial critical of D'Cruz and the NRA for suing Texas.

Copyright 2010 KCBD NewsChannel 11. All rights reserved.


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Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#12 Sigma

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Posted 08 December 2010 - 10:42 AM

I wish the plantiff had a better record
Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#13 Federal Farmer

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Posted 08 December 2010 - 12:25 PM

I wish the plantiff had a better record


The Brady's are going out of their way to smear this guy.

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#14 GarandFan

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Posted 08 December 2010 - 01:27 PM

Indeed ... saying that he "looks like a school shooter" just outright nasty of them! Ugly. It's amazing how some folks can be smeared up, down and sideways and that's somehow fine, while others seem completely immune.

Personally, I am glad I'm not James D'Cruz. The haters are going to ream him a new one. And they will probably get away with all manner of vile, prejudiced, and discriminatory pronouncements about the young man.
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#15 richp

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Posted 08 December 2010 - 02:33 PM

Hi,

There is a lesson here, however.

Things you post on the internet -- regardless of the venue or medium -- are important. And they say things about you that can impact your life in important ways.

FWIW.

Rich Phillips

#16 GarandFan

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Posted 08 December 2010 - 02:41 PM

Excellent point, Mr. Phillips.
"It takes all the running you can do just to keep in the same place."
Lewis Carroll, 1872

#17 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 02 November 2011 - 12:46 PM

I should have been updating this thread along the way.

In February, 2011 the case was renamed Jennings v BATFE after James d'Cruz moved to Florida with his parents mooting the initial suit. Motions were filed on both sides and Defandant's motion for summary judgement was eventually granted.

This thread should probably be unlocked now.
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Attached Files


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#18 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 02 November 2011 - 03:19 PM

In d'Cruz v McCraw, there was a bench trial 8/15/2011. I don't see any results from that yet.
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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis