TALLAHASSEE, Fla. — A pivotal legal challenge is unfolding in Florida as the National Rifle Association (NRA) has cited a recent federal court decision to bolster its case against a state law that prohibits individuals under 21 from purchasing rifles and shotguns. This legal action comes at a moment when Florida lawmakers are poised to debate several proposals that could alter or repeal existing gun regulations established in the aftermath of the 2018 Parkland high school shooting.
Nearly seven years since its enactment, the contentious Florida statute is now under scrutiny as the NRA argues that a similar federal appeals court ruling in Louisiana, which deemed a federal handgun sale ban to under-21s unconstitutional, should apply to the Florida law. Filed on Monday at the 11th U.S. Circuit Court of Appeals, the NRA’s legal documents leverage the Louisiana verdict as supplemental authority in their ongoing constitutional challenge.
The debate surrounds whether these age-specific prohibitions align with the “historical tradition” of firearm regulation, a legal standard set by recent U.S. Supreme Court decisions that dictate gun laws must be consistent with early American practices.
In its 29-page decision, the Louisiana panel concluded that the federal government failed to show that firearm rights of 18-to-20-year-olds were historically restricted in a manner comparable to current federal regulations, thus rendering the law unconstitutional based on historical precedents.
Countering the NRA’s position, Florida’s defense, filed on Tuesday, maintained that the state law aligns with historical norms that often barred minors from purchasing firearms, asserting a distinction between ownership rights and purchase rights. According to Florida officials, the law does not prevent those under 21 from owning guns such as rifles, which they can still acquire through means like family gifts.
Concurrently, Florida state legislators are gearing up for a session where gun ownership laws are back on the agenda. Since the Parkland tragedy, which prompted the introduction of stringent gun control measures including higher age limits and red flag laws, there has been legislative inertia. However, recent proposals aim to revisit and possibly repeal these changes.
State Sen. Randy Fine has introduced a bill that would allow 18-to-21-year-olds to purchase firearms, reversing the current age constraints. Meanwhile, new proposals by State Rep. Joel Rudman aim to dismantle red flag laws and permit open carrying of firearms.
Reacting to these developments, former Parkland Mayor and current State Rep. Christine Hunschofsky expressed concern over the continual attempts to roll back gun safety measures. Hunschofsky emphasized the efficacy of risk protection orders in preventing violence, advocating for a balance between constitutional rights and public safety.
Adding to the discourse, Governor Ron DeSantis has indicated support for legislation that would authorize open carry in Florida, a move championed by gun rights groups like Gun Owners of America.
As Florida approaches its legislative session on March 4, the debates over gun control are set against a backdrop of ongoing legal challenges and a national conversation about the balance between gun rights and safety regulations.
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