Experts Become Focus In Battle Over Florida Gun Law – CBS Miami

Gun News

[ad_1]

TALLAHASSEE (CBSMiami/NSF) – A legal battle over a Florida law that raised from 18 to 21 the age to purchase rifles and other long guns has ramped up this month, with attorneys for the National Rifle Association and state officials trying to discredit each others’ expert witnesses.

The age requirement was included in a sweeping law passed in the weeks following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. Fourteen students and three faculty members were killed after Nikolas Cruz, who was 19 at the time, opened fire at the school using a semi-automatic rifle.

While the law banned sales of long guns to people under age 21, it does not block them from possessing the guns or receiving the guns as gifts. Federal law has long prohibited the sale of handguns to people younger than 21.

The NRA in 2018 quickly challenged the constitutionality of the state age requirement, and a trial was slated to begin Jan. 11 in Tallahassee. But this month, Chief U.S. District Judge Mark Walker, who presides over the case, indefinitely postponed the lawsuit and all of his other civil trials until the coronavirus pandemic “is under control.”

Meanwhile, lawyers for the national gun-rights organization and the state are squabbling over who should be allowed to offer testimony.

One of the legal quarrels involves Pradeep Bhide, a Florida State University College of Medicine professor who has spent nearly four decades as a developmental neuroscientist. The state is paying Bhide $500 per hour to testify as an expert on adolescent brain development.

More from CBSMiami.com
You May Need A COVID Vaccine Passport To Travel In 2021
Man Struck And Killed By Car While Arguing With His Girlfriend
QB Ryan Fitzpatrick Will Watch As Dolphins Try To Get Him Into The Playoffs

In a report filed with the court, Bhide said the Florida law makes sense because “different parts of the brain mature at different times.”

“Brain regions that exercise voluntary control over our actions develop at a slower pace compared to brain regions associated with emotional and impulsive actions,” Bhide wrote in the 12-page report. “Thus, a developmental ‘mismatch’ emerges within the brain during development,”

The “mismatch” is “particularly pronounced in adolescence … and it fades away in adults, by 21 years of age,” he wrote.

“In other words, certain human behaviors that we perceive as the actions of a ‘mature’ or ‘adult’ individual emerge, on average, at 21 years of age,” he wrote. “Delaying gun purchase until 21 years of age can offer the cognitive brain the ‘extra’ time needed to be able to exert adequate control over emotional and impulsive behaviors.”

Distinguishing between 18-year-olds and 21-year-olds to limit gun sales “is thoroughly justified from the perspective of neuroscience,” Bhide wrote.

But the NRA’s lawyers argue that Bhide’s conclusions are unfounded, accusing him of failing to provide “any hard evidence that young adults age 18 to 20 are more likely to commit criminal violence with a purchased firearm than other adults.”

Bhide’s opinions “are extrapolated from emerging research of others in the very specialized and controversial area of adolescent brain development,” the NRA’s lawyers wrote in court documents.

The gun-rights group also argued that Bhide isn’t qualified to offer expert opinions in the case “because he never studies human brain development and cannot pinpoint the age of brain maturity in humans.”

When asked by the NRA’s lawyers about his research on developmental differences between adult and teen brains, Bhide “admitted that he had only studied mice, not humans,” the gun-rights group’s attorneys wrote in a Dec. 3 court filing.

“Dr. Bhide may be qualified to opine in other areas of neuroscience but his deposition testimony confirms that animal research and studies by others of different age groups do not provide him the specialized knowledge in the subject matter at issue that would qualify him to offer an admissible opinion,” they argued.

But in a Dec. 8 response to the NRA’s motion to exclude Bhide’s testimony, the state’s lawyers defended the neuroscientist, pointing out that, although he has only performed lab experiments on mice, the professor “has studied and published on human-brain development for decades.”

In a pair of “alerts” to supporters this month, NRA Florida lobbyist Marion Hammer, a former president of the national organization, also targeted Bhide. Hammer referred to the former Harvard Medical School professor as a “rat-brain expert” and a “mouse-brain expert.”

Hammer also poked the Florida Department of Law Enforcement, a defendant in the lawsuit, for relying on “junk science” to support their defense of the law.

In court documents this month, the NRA also urged Walker to bar Bhide’s testimony “because he has not actually applied any scientific process in this case and because the data upon which he relies in his opinions does not address the alleged risk of firearm purchase by young adults and neurological development.”

Bhide’s testimony “cannot assist the trier of fact in this case because the only ‘fact’ for which his testimony has been offered is the link between a handful of articles on brain maturation and the speculation that young adults are more likely to commit criminal violence with a purchased firearm,” the NRA’s lawyers wrote.

But lawyers for the state bristled at the NRA’s criticism of Bhide, saying the professor’s 37-year career as a developmental neuroscientist makes him qualified as an expert in the case.

The NRA’s “request to exclude Dr. Bhide’s testimony is based on a strawman,” the state’s attorneys wrote. The neuroscientist “does not opine on the likely effect” of the age requirement on crime, they added.

Bhide “does not wade into whether (the law) will impact crime or whether a ‘link’ exists between age, firearm use, and crime. He does not mention crime even once in his report, and during his deposition, he underscored that he offers no opinions on firearm use,” they wrote.

The NRA’s experts are also under fire.

The state is trying to exclude testimony from Gary Kleck, a retired Florida State University criminology professor, and William English, an assistant professor at Georgetown University’s McDonough School of Business.

Walker has not ruled on the experts.

(©2020 CBS Local Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. The News Service of Florida’s Dara Kam contributed to this report.)

[ad_2]

Source link

Articles You May Like

Letter: There are issues that can’t be left to Alberta politicians
Ohio Gov. Mike DeWine tries to sneak through his signature on the transgender bathroom bill: Today in Ohio
Police still waiting for answers from politicians | Letters To Editor
New Union County Gun Range A Gem
Women challenge Pa. Firearms Act | News, Sports, Jobs

19 Comments

  1. 341506 480827Most heavy duty trailer hitches are designed using cutting edge computer aided models and fatigue stress testing to ensure optimal strength. Share new discoveries together with your child and maintain your child safe by purchasing the correct design for your lifestyle by following the Perfect Stroller Buyers Guideline. 938827

  2. 748150 912533Hi my friend! I want to say that this post is awesome, nice written and incorporate almost all significant infos. Id like to see much more posts like this . 498890

  3. 756505 37502Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone! 331250

  4. 659179 993555You created some decent points there. I looked over the internet for any problem and identified most individuals goes as effectively as along with your internet internet site. 884982

  5. 842098 478060Oh my goodness! an excellent article dude. Thanks a great deal Even so Im experiencing problem with ur rss . Do not know why Struggle to register for it. Can there be any person obtaining identical rss problem? Anyone who knows kindly respond. Thnkx 80043

  6. 163860 974968Spot ill carry on with this write-up, I truly feel this web site requirements an excellent deal a lot more consideration. Ill oftimes be once much more to see far more, numerous thanks that info. 170368

  7. 450815 22654Wow, amazing weblog layout! How long have you been blogging for? you make blogging look easy. The overall appear of your internet site is wonderful, let alone the content! 214619

  8. 729675 740419Oh my goodness! an wonderful write-up dude. Many thanks Even so My business is experiencing trouble with ur rss . Do not know why Struggle to sign up to it. Can there be everyone acquiring identical rss dilemma? Anyone who knows kindly respond. Thnkx 459761

Leave a Reply

Your email address will not be published. Required fields are marked *