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
Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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. 

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

News  

Monday, May 16, 2022

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

In late April, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), made a bizarre announcement during a congressional hearing that DHS was forming what it called a “Mis- and Disinformation Governance Board.” The statement came ...

Follow the Science, Unless it Leads Where You Don’t Want to Go

News  

Monday, May 16, 2022

Follow the Science, Unless it Leads Where You Don’t Want to Go

Researchers in California have published the results of a study evaluating the effectiveness of so-called “gun violence restraining orders” (a.k.a. “extreme risk protection orders” or “red flag” orders). Assembly Bill 1014, was enacted in California in ...

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

Friday, May 20, 2022

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

At midnight on Wednesday, the Alaska Legislature adjourned from its 2022 Legislative Session. 

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Illinois: General Assembly Passes “Ghost Gun” Ban

Monday, April 11, 2022

Illinois: General Assembly Passes “Ghost Gun” Ban

On Friday, the House Judiciary Committee held a subject matter hearing on House Bill 4383 Senate Floor Amendment 2, to ban individuals from making their own firearms for personal use, and voted to advance the measure. ...

California: Anti-Gun Bills Eligible for Floor Votes

Saturday, May 21, 2022

California: Anti-Gun Bills Eligible for Floor Votes

On Thursday, both the Assembly and Senate Appropriations Committees took up their suspense files prior to the fiscal deadline, passing a number of anti-gun bills and one pro-hunting bill. These bills will now be eligible ...

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.