On October 13, the Oregon Court of Appeals reversed the lower court ruling, declaring it illegal to deny selling weapons to people between the ages of 18 and 20.

In 2018, Brandy Dalbeck filed a $ 10,000 lawsuit against Bi-Mart, after a store in Florence refused to sell her a hunting rifle because she was 18 years old.

Back then, Bi-Mart announced that it would not sell weapons and ammunition to people under the age of 21.

This behavior of the company followed similar decisions by Walmart and Dick’s sporting goods brought after a shooting at a school in Parkland, Florida where more than 17 people were killed.


If you’re 18, you can but you can’t buy a gun…?

Regarding restrictions at the federal level, they prohibit arms retailers from selling handguns to persons under the age of 21, but the sale of rifles or shotguns is permitted to everyone above the age of 18, as is the case in Oregon, where the same rules apply.

The Lane County Court dismissed the Delbecks case in 2019, without trial.

Explaining the dismissal order, District Court Judge Charles D. Carlson stated that Oregon’s anti-discrimination law does not prohibit places like Bi-Mart from denying the sale of firearms to people between the ages of 18 and 20 (based on their age).


Judge Carlson continued that even if the law does prohibit places like Bi-Mart such an act, banning the sale of firearms to people under the age of 21 can be considered as part of its policy to protect public safety.

Judge Carlson further pointed out that the anti-discrimination law contains provisions that allow exceptions according to age - in case of need to protect public health or safety, whether it is alcohol, marijuana, tobacco, gambling, transportation, or firearms.

However, the appellate court did not agree with the decision of the county court.

In Judge Erin C. Langsen’s opinion, the court states that Oregon’s anti-discrimination law prohibits age discrimination in the purchase of weapons for anyone over the age of 18, with the exception of those cases expressly permitted by special law.


Given this decision of the appellate court, the Dalbeck case is returned to the district court.

The Dalbeck case is just one in a series of cases where Oregon residents under the age of 21 have filed lawsuits against retailers for refusing to sell weapons, noting that retailers violate anti-discrimination laws by doing so.

After the appellate court ruled, Brandy Delbeck’s attorney, Max Whittington, called the decision a major victory that strengthens Oregon’s anti-discrimination laws, noting that the ruling would be the basis for lawsuits against other guns retailers who acted in the same way.