Question for Bricker and other attorneys

[DrDeth]

OK, I am having a debate. This mainly concerns CA law, but I’d be happy to have any Federal cites also.

Some dues calim that since in CA, the legal age for drinking is 21- those caught drinking aren’t “adults”- they are “minors”. I say that sure, it is illegal for them to drink, but that doesn’t make minors.

Any good cites I can print out? I did do some Googling, and even searched the CA Const which does say that the ANC can restrict drinking to those over 21.

[Random]

Minors in what sense? In the sense of being tried in the juvenile court system? No. In a general sense? (“He’s 20 and can’t drink, so he’s a minor”) No.

That said, I’ve heard the sale of alcohol to someone 20 called the sale of alcohol to a minor. Whether that is the definition or phrasing used by California statute, I really can’t say.

[brianmelendez]

California lowered the age of majority from 21 years old to 18 years old in March 1972, shortly after the 26th amendment was ratified, lowering the voting age to 18 years old. From the California Family Code:

6500. A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day on which the individual is born to the same minute of the corresponding day completing the period of minority.

6501. An adult is an individual who is 18 years of age or older.

6502. (a) The use of or reference to the words “age of majority,” “age of minority,” “adult,” “minor,” or words of similar intent in any instrument, order, transfer, or governmental communication made in this state:
      (1) Before March 4, 1972, makes reference to individuals 21 years of age and older, or younger than 21 years of age.
      (2) On or after March 4, 1972, makes reference to individuals 18 years of age and older, or younger than 18 years of age.
      (b) Nothing in subdivision (a) or in Chapter 1748 of the Statutes of 1971 prevents amendment of any court order, will, trust, contract, transfer, or instrument to refer to the 18-year-old age of majority if the court order, will, trust, contract, transfer, or instrument satisfies all of the following conditions:
      (1) It was in existence on March 4, 1972.
      (2) It is subject to amendment by law, and amendment is allowable or not prohibited by its terms.
      (3) It is otherwise subject to the laws of this state.