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Oregon Appeals Court: 18-Year-Olds Can Buy Guns
“All persons are entitled to the full and equal accommodations of any place of public accommodation”

In 2019 Lane County Circuit Judge Charles D. Carlson affirmed the legality of a Bi-Mart policy to not sell guns to anyone under 21. 18-year-old Brandy Dalbeck attempted to buy a hunting rifle at Bi-Mart and was refused, per Bi-Mart policy. She sued, asking for $10,000, and Brandy Dalbeck v. Bi-Mart Corporation was dismissed by Carlson, in a opinion written by Oregon Court of Appeals Judge Erin Lageson:

In this age discrimination case in which plaintiff alleges that defendant discriminated against her by refusing to sell her a hunting rifle because she was 18, plaintiff assigns error to the trial court's grant of summary judgment to defendant. Plaintiff argues that the court erred in interpreting ORS 659A.403 as not protecting persons between the ages of 18 and 20 from age discrimination, and, alternatively, in recognizing an implied exception to the statutory bar on age discrimination.

The Oregon discrimination statute cited by the reversal says:

Except as provided in subsection (2) of this section, all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, national origin, marital status or age if the individual is of age, as described in this section, or older.

Subsection two of the law allows age discrimination with regard to liquor, marijuana and benefits for persons over age 50.

The Oregon Court of appeals did not reference the US Second Amendment and seems to imply that it may uphold an exception to the age discrimination ban if one were explicitly articulated in the law. Watch for such legislative action in the 2022 short session.


--Staff Reports

Post Date: 2021-10-16 12:14:19Last Update: 2021-10-16 13:17:15



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