Age Discrimination and Guns

They're seeing through the promises
And all the lies they dare to tell
Is it heaven or hell?
They know very well
--Journey

In the wave of emotional capture following the Valentines Day school shooting in Florida, some retailers, most notably Dick's Sporting Goods, have proclaimed that they will no longer sell 'assault-style' rifles. It is, of course, completely within a seller's rights to do so. No one can put a gun to retailers' heads and order them to sell...guns.

Other retailers who do sell guns have announced that they will raise the minimum age for gun and ammo purchase to 21. Under federal law the minimum age for firearm purchase is 18.

No problem here either, you say. Just like no one can force a retailer what to sell, no one should be able to force a retailer who to sell to.

In a free market environment, this would be true. People should be free to associate with whomever they wish--including associations for business transactions.

The counterargument has been that freedom of association breeds discrimination, and discrimination should not be allowed. Even if, say, a baker does not care to bake a cake for a gay couple, legally the baker should be forced to do so.

Consequently, freedom of association has not been permitted. Laws have been put on the books that prohibit discrimination when selling goods and services.

It is not difficult to apply the discrimination argument to the case of young people and guns. If it is legal to sell guns to 18 year olds, and a retailer chooses to sell guns, then why isn't that retailer legally obligated to sell guns to 18, 19, and 20 year olds?

This is different, you might argue. It is an issue of maturity, and those younger than 21 are not really adults yet. They are generally not mature enough to own and operate guns.

That is a difficult argument to make given what people of that age group are legally allowed to do. For instance, they are permitted to drive cars, to vote, and, ironically, to join the military.

Does, a 20 yr old single mom who wants to protect her home have a legal case against a retailer that refuses to sell her an AR-15 from the gun rack in the store because of her age? Under extant laws that prohibit discrimination in retail sales, I believe that she might.