Explore The NRA Universe Of Websites

APPEARS IN News

Florida NRA Case to Protect Second Amendment Rights of Young Adults Moves Forward

Monday, May 11, 2020

Florida NRA Case to Protect Second Amendment Rights of Young Adults Moves Forward

NRA's effort to vindicate the Second Amendment rights of young adults in Florida in the case NRA v. Swearingen has passed an important milestone. On Friday May 1, the Chief U.S. District Judge for the Northern District of Florida Mark E. Walker denied almost all of the state's motion to dismiss, allowing the case to move forward. Citing the relevant caselaw, Walker noted that NRA's complaint "contains 'enough facts to state a claim to relief that is plausible on its face."

​In March 2018, Florida enacted SB 7026, which prohibited young adults ages 18-20-years-old from purchasing any firearm from a Federal Firearms Licensee or any other source. Those found in violation of the law are subject to up to 5 years imprisonment and up to a $5,000 fine. The same day the legislation was signed by the governor, NRA filed suit to declare the new prohibition unconstitutional.

In the past, the federal courts have upheld 18 U.S.C. 922(b)(1), which prohibits young adults ages 18-20 from purchasing handguns from licensed gun dealers. However, Florida's ban is a far greater infringement on Second Amendment rights in that it prohibits young adults ages 18-20 from purchasing rifles, shotguns, or handguns from any source. 

In its initial complaint, NRA made clear that Florida's age restriction violated the U.S. Constitution on multiple counts. First, NRA noted that the ban was unconstitutional on its face - as the "ban infringes upon, and imposes an impermissible burden upon, the Second Amendment rights​." Second, the complaint made clear that the new prohibition was an unconstitutional violation of the Second Amendment as applied to young women ages 18-20, who, as a cohort, are responsible for a minuscule percentage of overall violent crime.

Counts three and four presented facial and as applied challenges to the ban as a violation of the Fourteenth Amendment right to equal protection under the law, as the prohibition treats adults under the age of 21 differently than those 21 and older. Again, the complaint noted that the law cannot be constitutional as applied to young women ages 18-20 due to their demonstrated lack of propensity for violence.

In denying the state's motion to dismiss, Walker explained that in regards to the Second Amendment counts,

The crux of PlaintiffsSecond Amendment Claims is that [the age restriction] completely bars 18-to-20-year olds from acquiring a firearm by purchase and therefore impermissibly infringes on their Second Amendment rights. This Court concludes that Plaintiffs have plausibly alleged that [the age restriction] is unconstitutional either on its face or as-applied to Plaintiffs. ​

Likewise, addressing the Fourteenth Amendment claims, Walker noted,

Plaintiffs argue [the age restriction] violates the Equal Protection Clause because it treats 18-to-20-year-olds differently from other adults. This Courts ​analysis of PlaintiffsEqual Protection claims will be intertwined with its analysis of PlaintiffsSecond Amendment claims​... Because Plaintiffs have plausibly alleged that [the age restriction] impermissibly interferes with the exercise of their fundamental Second Amendment rights, this Court similarly finds that Plaintiffs have plausibly alleged that [the age restriction] violates the Equal Protection Clause either on its face or as-applied to Plaintiffs.​

With this latest hurdle out of the way, NRA looks forward to the court addressing the merits of this vital case. Young adults ages 18-20 are considered adults for almost all purposes, including eligibility to serve in the U.S. armed forces, and should be afforded the same rights as all other law-abiding adults.

IN THIS ARTICLE
Florida gun sales
TRENDING NOW
Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

News  

Monday, September 26, 2022

Court Rules Second Amendment Prohibits Federal Pre-Conviction Firearms Ban

Last week, a federal judge in the Western District of Texas ruled that a law which prohibits the acquisition of firearms by someone who is under felony indictment violates the Second Amendment. The decision to ...

Illinois Sets the Stage for Possible Unprecedented Crime Wave

News  

Monday, September 26, 2022

Illinois Sets the Stage for Possible Unprecedented Crime Wave

As part of a criminal justice “reform” effort, the state of Illinois is preparing to unleash the first statewide no-cash bail law, which will go into effect on Jan. 1, 2023, and the ramifications could ...

More Pushback on Credit Card Surveillance of Firearm Buyers

News  

Monday, September 26, 2022

More Pushback on Credit Card Surveillance of Firearm Buyers

As we’ve previously reported, on September 9, the International Organization for Standardization (ISO) approved a Merchant Category Code (MCC) for firearm retailers. MCCs enable payment processors and banks to categorize, monitor, and collect data on various types of ...

Update: Further Dispatches from New York’s War on Guns

News  

Monday, September 26, 2022

Update: Further Dispatches from New York’s War on Guns

Speaking about her new gun control legislation, New York State Governor Kathy Hochul claimed that “we took swift and thoughtful action to keep New Yorkers safe…. we will continue leading the way forward and implementing ...

Shipping Companies Prohibit the Lawful Shipping of Firearms

News  

Monday, September 19, 2022

Shipping Companies Prohibit the Lawful Shipping of Firearms

Wondering what federal law says regarding individuals who do not have a Federal Firearms License (FFL) that need to ship firearms? Well, if you go to the website for the Bureau of Alcohol, Tobacco, Firearms and ...

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

News  

Monday, August 29, 2022

Brace Yourself: Biden Administration Reinterprets “Firearm,” Prepares Crackdown

When we say “brace yourself,” we’re not kidding. The pistol brace rule is coming as well. But first, a different sort of crackdown was unleashed on the nation this week, as an ATF rule published ...

OREGON: Vote NO on Ballot Measure 114!

News  

Thursday, September 15, 2022

OREGON: Vote NO on Ballot Measure 114!

Ballot Measure 114 is the nation’s most extreme gun control Initiative and will be voted on this November! The NRA has launched a website to inform voters why they must VOTE NO on Ballot Measure 114.  It ...

South Carolina: The City of Columbia Passes More Unconstitutional Gun Control

Friday, September 23, 2022

South Carolina: The City of Columbia Passes More Unconstitutional Gun Control

Last week, the Columbia City Council passed Ordinance No.: 2022-080 to require its residents to report their lost or stolen firearms to the police within 24 hours or face up to a $500 fine. This is ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

New Credit Card Rule Creates Gun Registry

News  

Tuesday, September 13, 2022

New Credit Card Rule Creates Gun Registry

On September 9, the International Organization for Standardization (“ISO“) announced that it would create a new Merchant Category Code (“MCC”) specific to firearm and ammunition retailers. MCCs are the codes that payment processing networks (like ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.