Is 18 “too young” to be allowed to carry a firearm?

There have been several bills pending over the last few years in Tennessee that raise the issue of whether those 18-20 years old should be allowed to carry a handgun or obtain a handgun permit. Some think that they should based, for example, on the fact that at 18 they can legally purchase in casual sales a handgun and that at 18 they can be drafted into the military. Others think that perhaps they should be older, perhaps as old as 25 before they should be “allowed” to carry a handgun.

Perhaps history can shed some light on this issue rather than limiting the debate against our rights to the feelings of those who have a tendency toward promoting gun control rather than individual liberties.

Let’s consider history’s lesson from the nation’s founding as to who was not only allowed but expected to be proficient with firearms. As of the date that the Bill of Rights was being created – December 15, 1791 – all but three states imposed a duty on those ages 16 and up to respond to militia calls bearing firearms.

State Age requirement for militia service

Connecticut 16-45
Delaware 18-50
Georgia 16-60
Maryland n/a until 1794
Massachusetts 16-50
New Hampshire 16-40
New Jersey 16-60
New York 16-50
North Carolina 16-50
Pennsylvania 18-53
Rhode Island 16-50
South Carolina 16-60
Vermont 16-50
Virginia 16-50

Tennessee was not identified as a separate colony at the time of the adoption of the Constitution but it was part of North Carolina and as of 1796 became a separate state. When it did become a state, the age brackets adopted in Tennessee were ages 18-45 and that has remained true even today. See, Tennessee Code Annotated § 58-1-104. In Tennessee, those responding to a militia call were to provide their own supplies and those supplies sometimes varied depending on their rank or service, e.g., infantry officers were to have a sidearm and privates a rifle or musket whereas cavalry members were to have arms, uniforms, and all necessary equestrian equipment as well as a good horse fourteen hands high.

The Civil War Trust reports that the youngest known soldier in the Civil War was Johnny Clem who was 9 when he enlisted as a drummer boy in the Union Army, 11 when he fought as a soldier and 12 when he was promoted to sergeant. The Civil War Trust estimated that between a quarter and half a million Civil War soldiers were under the age of 16. Later, the minimum age to be recruited was raised to 18, although 17 year olds could join the army with parental consent.

History is clear that for most of this nation’s existence those as young as 16, and almost universally by age 18, have been deemed competent to own and use firearms individually and connected with required military service obligations. The concerns of gun control advocates that these members of society are not competent to do so is not based on their capacity to do so safely. It seems that most of the opposition today arises instead from the fact that some believe those 18 and up are just to immature to do so without being a risk to the public.

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