20-year-old suing Dick's, Walmart will challenge based on Second Amendment if state law changes: lawyer

By RetailFOXBusiness

Walmart, Dick's Sporting Goods sued by 20-year-old man over gun policies

Attorney Max Whittington on Tyler Watson's lawsuit against Walmart and Dick's Sporting Goods over the retailers' new gun sale policies.

The refusal of Dick’s Sporting Goods and Walmart to sell guns to customers under the age of 21 violates state law, according to the attorney for a 20-year-old man who is alleging in a lawsuit that the retailers discriminated against him because of his age.

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"Any adult 18 to 20 is a protected class," Max Whittington, the lawyer representing Tyler Watson, told FOX Business' Charles Payne on "Varney & Co."

There could be a challenge related to the Second Amendment right to bear arms if Oregon’s law changes, according to Whittington.

Some states such as Oregon, where Watson filed lawsuits against the retailers, provide protection for people 18 or older, while federal law protects those 40 or older.

While the Second Amendment could pose a legal hurdle on the federal level, these cases will need to be addressed based on statutory law, Whittington said.

"If this is ultimately changed, then there will be Second Amendment challenges," he added.

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