{"id":94581,"date":"2023-07-21T14:39:45","date_gmt":"2023-07-21T19:39:45","guid":{"rendered":"https:\/\/milesfortis.com\/?p=94581"},"modified":"2023-07-21T14:39:45","modified_gmt":"2023-07-21T19:39:45","slug":"94581","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=94581","title":{"rendered":""},"content":{"rendered":"

11Th Circuit Grants En Banc Hearing for Florida’s Young Adult Purchase Gun Ban<\/a>
\nA lawsuit challenging Florida’s law banning rifle and shotgun purchases by adults 18 to 20 years of age is set to be heard by the full 11th Circuit Court of Appeals.<\/em><\/p>\n

A lawsuit challenging Florida\u2019s law banning rifle and shotgun purchases by adults 18 to 20 years of age is set to be heard by the full 11th Circuit Court of Appeals. On March 9, a three-judge panel of the 11th Circuit Court had upheld Florida\u2019s under-21 gun purchase ban. But on July 16, the court vacated that decision and announced that it would take up the legal battle en banc, meaning the full court will soon hear arguments concerning the law.<\/p>\n

The case,\u00a0National Rifle Association<\/a>\u00a0v. Bondi, challenges the law that was hastily passed and then signed into law by then-Gov. Rick Scott following a tragic mass murder at a school in Parkland, Florida. The\u00a0NRA<\/a>\u00a0filed the lawsuit shortly after the law was passed. The\u00a0National Shooting Sports Foundation<\/a>\u00a0(NSSF<\/a>) has opposed the law from the time it was first being discussed and filed an amicus brief supporting the most recent challenge to the law, according to Mark Oliva, NSSF managing director of public affairs.<\/p>\n

\u201cFlorida\u2019s law banning the sale of firearms for adults under the age of 21 is fundamentally flawed,\u201d Oliva said in an exclusive interview with Firearms News. \u201cEvery American at the age of 18 is fully vested in all of their civil liberties, including their right granted to them by their Creator to keep and bear arms. That is not a right for Florida\u2019s government to withhold.\u201d<\/p>\n

Oliva said that laws curtailing the other enumerated rights of 18- to 20-year-olds would almost certainly be considered unconstitutional. Yet for some reason courts often find Second Amendment rights not quite so important.<\/p>\n

\n
\u201cBanning the rights of free speech, free exercise of religion or free assembly wouldn\u2019t be tolerated yet this law relegated the Second Amendment to a second-class right,\u201d he said. \u201cThat is Constitutionally unsound. Additionally, the answer to concerns that a minor\u2019s criminal history prohibiting firearm possession would not be included in the background check was addressed in the Bipartisan Safer Communities Act. This law was wrong from the start. It only disenfranchises law-abiding adults from exercising the full spectrum of their rights.\u201d<\/div>\n<\/div>\n

From the time the law passed, NRA\u2019s Institute for Legislative Action has consistently pointed out the fallacy of the law.<\/p>\n

\u201cThere is no question that 18- to 20-year-olds are adults in the eyes of the law and the Constitution,\u201d NRA-ILA wrote in an action alert after a federal judge first begrudgingly upheld the law in 2021. \u201cTo deny those younger adults their rights because of the actions of criminals is nothing less than political discrimination and it is inconsistent with the Heller decision by the U.S. Supreme Court.\u201d<\/p>\n

\n
Since then, of course, the case for 18- to 20-year-olds to be able to purchase long guns has been further strengthened by last year\u2019s U.S. Supreme Court decision in New York Rifle & Pistol Association v. Bruen. That ruling set a new standard for deciding Second Amendment cases.<\/div>\n<\/div>\n

According to the new standard under Bruen, when determining the constitutionality of a firearms law, the courts now must first determine if \u201cthe Second Amendment\u2019s plain text covers [the] individual\u2019s conduct\u201d the government hopes to restrict. If it does, \u201cThe government must then justify its regulation by demonstrating that it is consistent with the Nation\u2019s historical tradition of firearm regulation.\u201d<\/p>\n

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<\/div>\n<\/div>\n

If the government fails to meet this burden, then the challenged law cannot stand. The ban on 18- to 20-year-old adults likely runs afoul of both aspects of the standard.\u00a0The date has not yet been set for oral arguments to begin in the case.<\/p>\n","protected":false},"excerpt":{"rendered":"

11Th Circuit Grants En Banc Hearing for Florida’s Young Adult Purchase Gun Ban A lawsuit challenging Florida’s law banning rifle and shotgun purchases by adults 18 to 20 years of age is set to be heard by the full 11th Circuit Court of Appeals. A lawsuit challenging Florida\u2019s law banning rifle and shotgun purchases by … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-94581","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/94581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=94581"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/94581\/revisions"}],"predecessor-version":[{"id":94582,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/94581\/revisions\/94582"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=94581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=94581"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=94581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}