Florida’s Gun Ban for Young Adults Survives Court Challenge – For Now

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In what can only be described as a head-scratcher, the 7th Circuit Court of Appeals recently upheld Florida’s law barring anyone under 21 from purchasing a firearm. The ruling, handed down on March 14, came at an interesting time – right when Florida Governor Ron DeSantis and Republican lawmakers are actively pushing to get rid of this very law.

This Florida statute has faced legal challenges from the moment it hit the books in 2018, passed in the emotional aftermath of the Parkland school shooting. The National Rifle Association (NRA) has been fighting tooth and nail to overturn it ever since. The recent 7th Circuit ruling upheld a prior decision from a three-judge panel in NRA v. Bondi, dealing another blow to those pushing to restore Second Amendment rights to 18-, 19-, and 20-year-old Floridians.

A Questionable Interpretation of History

The court’s ruling leaned heavily on the 2022 Supreme Court Bruen decision, which set a new standard for gun restrictions to align with “historical precedent.” Chief Judge William Prior argued that Florida’s age restriction is in line with firearm regulations dating back to the founding era.

“The Florida law that prohibits minors from purchasing firearms does not violate the Second and Fourteenth Amendments because it is consistent with our historical tradition of firearm regulation,” Prior wrote. He claimed that limiting gun purchases by “immature and impulsive individuals” reflects historical firearm laws intended to prevent harm.

But hold on a second. In a sharp dissent, Judge Andrew Basher countered that Florida’s law doesn’t hold water when you examine the nation’s true firearm history.

“There were no age-based limitations on the right to keep and bear arms either before, during, or immediately after the adoption of the Bill of Rights,” Basher wrote. “Simply put, there is nothing in our nation’s historical tradition of firearm regulation that resembles Florida’s complete prohibition on an adult’s ability to purchase a firearm based only on that adult’s age.”

Basher went on to point out that early American law actually encouraged men over 18 to be armed, making Florida’s blanket ban an odd interpretation of “historical precedent.”

The Battle Isn’t Over

With this ruling, the NRA is likely to escalate the fight. Given that different circuit courts have reached conflicting conclusions on the issue, the case could eventually land before the Supreme Court.

Adding another wrinkle to the mix, Florida’s newly appointed Attorney General James Uthmeier announced he would not defend the law going forward.

“Men and women old enough to fight and die for our country should be able to purchase firearms to defend themselves and their families,” Uthmeier posted on social media following the ruling. His refusal to back the law signals a significant shift in Florida’s legal stance on this Second Amendment issue.

Meanwhile, Gov. DeSantis has been loud and clear about his desire to repeal the law. During his State of the State speech on March 4, DeSantis called out Florida’s failure to stand firmly on Second Amendment rights.

“The free state of Florida has not exactly led the way on protecting Second Amendment rights,” DeSantis said. “We need to be a strong Second Amendment state.”

The Bigger Picture

This debate is about more than just Florida; it’s part of a broader conversation about the rights of legal adults. The idea that an 18-year-old can serve in the military, vote, and pay taxes, but still be barred from purchasing a firearm is hard for many to swallow. Critics argue that laws like this chip away at the core of the Second Amendment, slowly eroding the rights of law-abiding citizens under the guise of safety.

Supporters of the law insist it’s a common-sense measure meant to reduce violence. But let’s be honest – criminals don’t check ID before buying guns on the black market. This law may feel good to those who want “something done,” but disarming responsible young adults while doing little to stop actual criminals isn’t exactly a win for public safety.

The Fight Continues

With the NRA poised to appeal and Florida’s leadership actively working to repeal the law, this fight isn’t over yet. As the courts continue to wrestle with the Second Amendment and its interpretation, one thing remains clear: law-abiding Americans will have to stay vigilant to ensure their rights are protected.

If history is any guide, this won’t be the last time politicians or judges try to carve away at the Second Amendment. Floridians – and all Americans – should keep an eye on this case as it moves forward. When it comes to protecting our gun rights, complacency is not an option.

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