LIZ: A 20 YEAR OLD OREGON MAN,
TYLER WATSON IS FILING A LAWSUIT
AGAINST BOTH DICK'S SPORTING
GOODS AND WAL-MART SAYING AGE
DISCRIMINATION.
THEY'RE REFUSING TO SELL HIM A
RIFLE BOTH RETAILERS RESTRICTING
GUN SALES TO ADULTS 21 AND OVER
AFTER THE FLORIDA HIGH SCHOOL
MASSACRE, OREGON STATE LAW LETS
RESIDENTS BUY SHOT GUNS OR RIFLE
S STARTING AT AGE 18.
LET'S CHECK THE STOCKS DICK'S
CLOSING THE DAY IN THE GREEN,
WAL-MART ENDING THE DAY IN THE
RED.
LET'S BRING IN THE BEST GUY ON
THIS THE BEST JUDGE ON THIS HE
IS JUDICIAL ANALYST ANDREW
NAPOLITANO.
DOES HE HAVE A CASE?
>> HE HAS A VERY GOOD CASE
BECAUSE OREGON LIKE NEW JERSEY
AND NEW YORK PROHIBITS AIM
DISCRIMINATION STARTING AT AGE
18.
THE FEDERAL PROHIBITION AND AGE
DISCRIMINATION STARTS AT AGE 40
AND ENDS AT AGE 70 ONLY IN A
PROTECTED CLASS BETWEEN 40 AND
70.
OREGON, NEW JERSEY, NEW YORK,
ILLINOIS START AT 18 AND GO
BEYOND 70 SO STATED DIFFERENTLY,
DICK'S CAN'T REFUSE TO SELL A
LAWFUL PRODUCT TO SOMEONE ON THE
BASIS OF AGE UNLESS THEY'RE
BELOW 18.
LIZ: DO YOU KNOW WHAT'S
INTERESTING JUDGE AGE
DISCRIMINATION LAWSUITS ARE
USUALLY LABOR RELATED.
IS IT COVERED UNDER EQUAL
PROTECTION AND CIVIL RIGHTS LAWS
>> IT IS COVERED UNDER WHAT
OREGON CALLS ITS LAW OF
DISCRIMINATION.
LIZ: SO IT'S A STATE LAW?
>> CORRECT.
NOT A FEDERAL LAW.
FOR EXAMPLE, THE CIVIL RIGHTS
ACT OF 64 DOES NOT PROTECT AGE,
BELOW AGE 40.
OREGON'S STATE VERSION OF A
PROTECTS AGE DOWN TO AGE 18,
SAME IN NEW JERSEY, NEW YORK,
CALIFORNIA AND ILLINOIS BUT THIS
IS VERY STRANGE BED FELLOWS.
THE KID THAT WANTS THE GUN IS A
VERY SERIOUS POLITICAL
CONSERVATIVE/LIBERTARIAN.
THE STATUTES THAT PROTECT AGE
WERE PUT IN THERE BY THE MOST
LEFT WING ELEMENTS IN THE OREGON
LEGISLATURE BECAUSE IN THE OLD
DAYS A GUN SELLER COULD SELL TO
WHOMEVER HE WANTED IF HE THOUGHT
YOU LOOKED LIKE YOU WEREN'T
WORTHY OF A GUN HE WOULD SAY NO
AND IF HE THOUGHT YOU LOOKED TOO
YOUNG AND IMMATURE HE WOULD SAY
NO.
LIZ: THAT IS REALLY WHAT AN
IRONY THERE NOW LOOK AT WAL-MART
NOT BACKING DOWN HERE IS WHAT
THE SPOKESMAN IS SAYING.
"WE STAND BEHIND OUR DECISION
WE'RE GOING TO DEFEND OURSELVES.
WHILE WE HAVE NOT SEEN THIS
COMPLAINT WE WILL RESPOND AS
APPROPRIATE WITH THE COURT."
I MEAN, DOES WAL-MART THEY'VE
GOT A LEGAL GROUND?
>> AGAIN IT'S DIFFERENT IN EVERY
STATE BUT IN OREGON, WE'LL JUST
USE NEW JERSEY, AS EXAMPLES,
THEY WILL LOSE, AND I WOULD
SUGGEST THAT SOMEBODY FILE A
CLASS ACTION, SO THAT YOU DON'T
HAVE HUNDREDS OF INDIVIDUAL
LAWSUITS YOU HAVE ONE IN EACH
STATE.
THE COURT WILL END IT.
LIZ: DO YOU THINK THE NRA COULD
PICK UP THIS GUY AND USE HIM AS
A CLASS ACTION LAWSUIT FILER?
>> HIRE A PLAINTIFFS CLASS
ACTION LAWYERS THE CASE WILL BE
WON ON MOTION THEY WON'T EVEN
TRY IT BUT UNFORTUNATELY HE
MIGHT BE 21 BY THE TIME THE CASE
IS RESOLVED SO AN 18-YEAR-OLD
MIGHT BE A BETTER PLAINTIFF, A
NAMED PLAINTIFF FOR A CLASS, BUT
THE CLASS WILL WIN IN THOSE
STATES.
LIZ: IN THOSE STATES.
>> NOT IN TEXAS OR OTHER STATES
WHERE YOU DON'T HAVE THAT
PROTECTION.
LIZ: GOT IT NOW LOOK AT THIS
STORY NORTH CAROLINA SALESMAN
QUITTING HIS JOB AT DICK'S
SPORTING GOODS IN PROTEST OF THE
NEW GUN SALES POLICY.
FOX NEWS INTERVIEWED HIM
YESTERDAY.
WATCH.
>> YOU CAN SERVE IN THE MILITARY
, YOU CAN VOTE AT 18 BUT
I MEAN YOU CAN'T BUY A GUN AT
DIBS SPORTING GOODS
CONSTITUTIONAL RIGHT.
I'M SURE THEY WEREN'T HAPPY AS I
WAS LEAVING THE STORE I THINK I
WAS DOING PRETTY WELL AT DICK'S
SPORTING GOODS HOWEVER THEY
UNDERSTOOD.
THEY WERE GREAT MANAGERS AND
GREAT OTHER EMPLOYEES THERE BUT
JUST THIS CORPORATE POLICIES I
COULDN'T HANDLE IT ANY MORE.
I DON'T THINK BANNING AR'S ARE
CHANGING THE AGE LIMIT BY ANY
MEANS WILL HELP STOP THESE
SHOOTINGS.
IF YOU LOOK AT THE STATISTICS ON
IT, HOW MANY OF THEM WERE
ACTUALLY BELOW THE AGE OF 21?
THE VAST MAJORITY WERE OVER 21
THAT DID THESE MASS SHOOTINGS.
LIZ: THAT'S THE DEBATE RAISING
THE AGE AND BANNING AR-15 SALES
WILL STOP MASS SHOOTINGS.
>> I HAPPEN TO AGREE WITH HIM.
NOW, BANNING AR-15S IS
UNCONSTITUTIONAL WHAT DO I MEAN
BY THAT?
WHEN THE HELLER DECISION WAS
WROTE WHICH IS THE RIGHT TO KEEP