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FLORIDA RECORD

Wednesday, April 24, 2024

Federal appeals court upholds Florida law barring firearms sales to those under 21

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Pexels.com / Elle Hughes

A federal appeals court has affirmed the legality of a Florida measure that bars the sale of long guns to those under 21 years old, concluding that the law is in line with historical restrictions on firearms.

The National Rifle Association and plaintiff Radford Fant filed an appeal against the state’s Marjory Stoneman Douglas High School Public Safety Act, but the 11th Circuit Court of Appeals found that the law was constitutional in a March 9 opinion.

“Acting well within that longstanding (post-Civil War) tradition, Florida responded to a 19-year-old’s horrific massacre of students, teachers and coaches at Marjory Stoneman Douglas High School in a far more restrained way,” the court’s opinion states. “The … (law) precludes those under 21 only from buying firearms while still leaving that age group free to possess and use firearms of any legal type.”

During the Reconstruction Era, states similarly responded to people under 21 committing a large proportion of violence by restricting 18- to 21-year-olds from even possessing deadly weapons like pistols, the court said. Such incidents reveal a persistent social problem, according to the judges.

“Even though 18- to 21-year-olds now account for less than 4% of the population, they are responsible for more than 15% of homicide and manslaughter arrests,” the opinion said, adding that modern automatic rifles can fire 60 rounds per minute.

The NRA expressed disappointment with the appeals court’s ruling and indicated that the association is weighing its appeal options.

“The NRA supports the right of law-abiding adults to possess firearms for self-defense, hunting and sport shooting,” the NRA told the Florida Record in an emailed statement. “There is no reason why an adult who is old enough to defend his or her country should be restricted from exercising their Second Amendment rights.”

The NRA also said that a measure now before the state Legislature could remove the ban on firearms sales to those who are under 21.

“The NRA also looks forward to the Florida Legislature addressing the issue and removing this unconstitutional ban,” the statement says. “In fact, the Florida House recently filed HB 1543 to address this very issue.”

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