NRA cites new ruling in its challenge to Florida gun laws

Second Amendment

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Legal experts say a decision is imminent. At the same time, state lawmakers could take up several gun-related proposals aiming to reverse post-Parkland laws.

TALLAHASSEE, Fla. — Nearly seven years after the law passed, the National Rifle Association says a new court ruling supports its constitutional challenge to a Florida measure that bars people under age 21 from buying rifles and shotguns.

The NRA on Monday filed a document at the 11th U.S. Circuit Court of Appeals that cited a ruling last week by another federal appeals court in a Louisiana case. That ruling said a decades-old federal ban on selling handguns to people under 21 violates the Second Amendment.

Both cases have played out as the U.S. Supreme Court in recent years has issued closely watched decisions that said gun laws need to be consistent with the nation’s “historical tradition” of gun regulation. A key question in the Florida and Louisiana cases has centered on how the Supreme Court decisions should be applied to bans on gun sales to people under age 21.

The panel in Louisiana said in a 29-page ruling last Thursday that the “federal government has presented scant evidence that 18-to-20-year-olds’ firearm rights during the (nation’s) founding era were restricted in a similar manner to the contemporary federal handgun purchase ban.” It concluded that the federal law and related regulations “are unconstitutional in light of our nation’s historic tradition of firearm regulation.”

The NRA, in its filing Monday, argued that the Louisiana ruling “makes clear that Florida’s ban is inconsistent with historical tradition.”

“Even more so than the federal laws banning commercial sale of handguns to young adults, Florida’s young adult ban is inconsistent with historical tradition and violates the Second Amendment,” John Parker Sweeney, an attorney for the NRA, wrote in a document known as supplemental authority.

But an attorney for Florida disputed the NRA’s arguments in a filing Tuesday, saying the Florida law is “fully consistent with the common law at the founding, which prohibited minors in most instances from purchasing firearms.” The filing drew a distinction with the ruling in Louisiana, which it said focused heavily on firearm access and ownership by minors at the time of the nation’s founding.

Florida’s law does not bar people under 21 from owning rifles and other long guns, which they could receive, for example, as gifts from family members.

Legal experts tell 10 Tampa Bay a decision could be imminent. If there are further appeals, it could head to the Supreme Court. 

“The whole Constitution applies to anybody 18 and up,” says Eric Friday an attorney who provides counsel to Florida Carry, a gun rights organization. 

“Hopefully the 11th Circuit is going to strike down this unconstitutional law that was passed in the wake of a horrible tragedy. But letting tragedies dictate law is not the way this country works,” Friday added. 

Florida legislature gun proposals

At the same time as state lawmakers gear up for regular session next month, a series of bills have been proposed that could change Florida gun laws, including repealing ones made in the wake of the tragic Parkland school shooting. 

In 2018, state lawmakers passed and then-Governor Rick Scott signed off on a package of bills aimed at tackling gun violence. They included raising the age for firearm purchasing and red flag laws. 

Over the past few years, bills have been introduced to repeal those measures, without much movement. 

State Sen. Randy Fine introduced a bill that would reverse the post-Parkland age restrictions, allowing 18-21-year-olds to buy guns in the state.

Other proposals from State Rep. Joel Rudman (R-Navarre) would remove red flag laws (also known as Risk Protection Orders) and legalize open carry. 

“It’s just disheartening that this keeps coming back every year,” says State Rep. Christine Hunschofsky (D-Parkland) who was the Mayor of Parkland during the tragedy. 

“Risk protection orders have been used 1000s of times in the state of Florida, and they’re actually being implemented all over the country. This isn’t about taking away someone’s rights. This is about protecting our communities, and that should always be on the forefront, while also standing up for people’s constitutional rights,” Hunschofsky added.

As for open carry, Governor Ron DeSantis recently signaled he’d sign legislation allowing the open carry of firearms. Gun rights advocates are hoping Republican lawmakers get it to his desk. 

“Gun Owners of America thanks Governor DeSantis for backing open carry. Florida is the only Republican state that bans it, and with just five states in the nation doing so, the momentum is clear–Republican leadership has no excuse,” Luis Valdes, the Florida director for Gun Owners of America, said.

Lawmakers convene for regular session on March 4. 

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