Judge upholds law keeping gun-buying age at 21 in Florida

Second Amendment

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The 11th U.S. Circuit Court of Appeals upheld Florida’s post-Parkland law requiring buyers of long guns to be at least 21 years old.

TALLAHASSEE, Fla. — A federal court upheld the law that raised the minimum age for buying long guns in Florida to 21 years old, as state lawmakers are pushing forward a bill that would repeal it altogether.

In an 8-4 ruling, the 11th U.S. Circuit Court of Appeals upheld the 2018 law, opining it is “consistent with our historical tradition of firearm regulation.” The filing was the latest in a years-long legal battle sparked by a lawsuit from the National Rifle Association.

RELATED: NRA cites new court ruling in its challenge to a Florida gun law

The NRA could continue the fight by asking the U.S. Supreme Court for review, and if they do, the state of Florida won’t defend against it.

Newly appointed Attorney General James Uthmeier is breaking from previous office holders, instructing his staff to not defend the law if it gets SCOTUS review.  

“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 X. Adding he believes “restricting the right of law-abiding adults” to buy guns is “unconstitutional.”

His comments are in line with Florida Governor Ron DeSantis, who has recently called for repealing a slate of laws — including “Red Flag laws” passed in the wake of the 2018 Parkland school shooting, in which 17 students and faculty members were killed, 18 others injured.

“I would say I am vindicating people’s constitutional Second Amendment rights, and we always have an obligation to do that,” DeSantis said during a stop in Palmetto on Friday.

“I think the legislature, prior to me becoming governor, they went overboard on some of the things, and I think it did violate people’s due process rights,” he said of the laws that were enacted by then-Governor Rick Scott. 

RELATED: Lawmakers look to Florida gun laws as blueprint for national bill

Whether SCOTUS weighs in or not, the legislature is pushing forward a proposal that would repeal the age restrictions.

“As a father, I want my daughter to be armed when she is under the age of 21 and she is living outside my house, so she is able to protect herself. Right now, the law disarms women. It disarms our college students,” said Luis Valdes of Gun Owners of America, who spoke in support of the bill.

 A House panel green-lit the legislation last week, moving it to its next committee. House Speaker Daniel Perez (R-Miami) previously said he supports the measure. 

“By lowering the minimum age for firearm purchases to 18, we acknowledge the responsibilities and rights that come with adulthood,” State Rep. Michelle Salzman (R-Pensacola) said.

Others, including Democratic lawmakers, argue it’s a step in the wrong direction.

“Science and common sense tell us the human brain isn’t fully developed at 18. Young adults are more impulsive and more prone to risky behavior,” Fiona Shannon with the League of Women Voters said.

“It seems to me that we are breaking our promise to the parents and students of Parkland,” State Rep. Fentrice Driskell said.

“I am thrilled the 11th Circuit confirmed what we’ve been saying for years, that reasonable, responsible gun laws are both constitutional and appropriate to help keep us safe. We can, and should, limit someone from being able to purchase an AR 15 until they are at least 21 years old,” Driskell added in a statement about the recent federal court ruling.

While Florida law bars young adults from purchasing them directly, someone can still gift a rifle or long gun to a family member 18-21 years old.

A bill that would’ve repealed red flag laws, or risk protection orders — which allows law enforcement to petition courts to confiscate guns from someone who threatens themselves or others — was withdrawn weeks after being filed.

The News Service of Florida contributed to this report.



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