The 20-year-old from Oregon who is suing both Walmart and Dick’s Sporting Goods now has some company. A Michigan man of 18 is going after both mega-companies for the same reason, their refusal to sell a .22 caliber rifle to them based on store policy rather than abiding by state or federal law.
FYI in most states juveniles old enough to hunt with their parents use a .22 caliber rifle.
Dick’s Sporting Gods announced last Wednesday that it was raising the age to purchase a firearm to 21-years-old at all its stores. So Truston Fulton, an 18-year-old high school senior from Battle Creek, Michigan, is suing Dick’s store in Oakland Mall in Troy. When Fulton showed the clerk his ID, he wasn’t even allowed to look at a rifle. He was told it was store policy.
The attorney for Fulton confirms that his client has no criminal record, history of mental illness or anything else which might cause him to fail a background check. And while this isn’t a Second Amendment case, state law may give this guy a pathway to victory.
There are many similarities with the previous Oregon case. And as it stands, the language of the laws in both states appear to strongly favor the Plaintiffs in both cases. Both Oregon and Michigan have public accommodation laws which prohibit discrimination based on age.
But the mega-stores will argue that they can pass the “rational basis” test, meaning they will have to satisfy the court that the discrimination (in this case, against consumers aged 18, 19 or 20) is justified because they are serving a greater public good.
Some believe they won’t be able to win this argument. Young adults age 18-21 can join the military and, in at least some states, enroll in the police academy or take a job as an armed security guard.
Who do you think will win these cases?
Credit: Hot Air