NRA sues over new Florida gun legislation: report

[mystery-ak]

NRA sues over new Florida gun legislation: report
By Avery Anapol - 03/09/18 06:22 PM EST

The National Rifle Association filed a lawsuit over Florida gun legislation that was signed into law on Friday.

The lawsuit asks a federal judge to bar the new law from taking effect, the AP reported.

The NRA takes issue with the part of the bill that raises the age limit for purchasing all firearms from 18 to 21, according to the Associated Press.

The NRA claims the regulation violates the 2nd amendment, arguing that it violates the constitutional rights of “law-abiding citizens,” according to the Tallahassee Democrat.

more
http://thehill.com/regulation/court-battles/377694-nra-sues-over-new-florida-gun-legislation-report

[edpc]

Uh-oh.  This is bound to cause David Hogg’s arms to cross, lips to purse, and eyes to narrow.

[driftdiver]

Is there a chance?

[IsailedawayfromFR]

NRA sues over new Florida gun legislation: report
By Avery Anapol - 03/09/18 06:22 PM EST

The National Rifle Association filed a lawsuit over Florida gun legislation that was signed into law on Friday.

The lawsuit asks a federal judge to bar the new law from taking effect, the AP reported.

The NRA takes issue with the part of the bill that raises the age limit for purchasing all firearms from 18 to 21, according to the Associated Press.

The NRA claims the regulation violates the 2nd amendment, arguing that it violates the constitutional rights of “law-abiding citizens,” according to the Tallahassee Democrat.

more
http://thehill.com/regulation/court-battles/377694-nra-sues-over-new-florida-gun-legislation-report

This will be a clear victory

[Fishrrman]

This will have to go to the U.S. Supreme Court to be resolved.

Often, the Court won't take a case until there are two conflicting rulings from different districts.
We'll just have to wait and see.

My guess is that -- insofar as the age issue is concerned -- the district court may let the Florida law stand...

[libertybele]

This will be a clear victory

I would hope that the federal judge would rule in the favor of the NRA and put aside public sentiment on this, but I am doubtful.  If the NRA loses, I anticipate that this will wind up before the SCOTUS.

Thank God for the NRA. I would hope that Gun Owners of America and the National Association for Gun Rights and others, would also lend a hand in this. 

[libertybele]

This will have to go to the U.S. Supreme Court to be resolved.

Often, the Court won't take a case until there are two conflicting rulings from different districts.
We'll just have to wait and see.

My guess is that -- insofar as the age issue is concerned -- the district court may let the Florida law stand...

The article states that a federal judge is being asked to rule; so the district court is being bypassed??

Agreed though ... I see this going all the way to the SCOTUS.

[LauraTXNM]

If there are currently higher age-restrictions on handgun purchases, why would it be unconstitutional to raise the age for long guns?

[edpc]

If there are currently higher age-restrictions on handgun purchases, why would it be unconstitutional to raise the age for long guns?

There's no age stipulation in 2A.  This is a case of federal law vs state law.

[LauraTXNM]

There's no age stipulation in 2A.  This is a case of federal law vs state law.

Right.  But apparently it is constitutional for fed law to include age restrictions.  So wouldn’t state law be constitutional, as well, as long as it doesn’t contradict fed law?

[Elderberry]

Right.  But apparently it is constitutional for fed law to include age restrictions.  So wouldn’t state law be constitutional, as well, as long as it doesn’t contradict fed law?

Perhaps the age restriction of 21 for handguns is unconstitutional, but never challenged.

The U.S. Constitution only provides age requirements for two things: holding political office and voting. It says you can be a House representative at 25, a senator at 30, and a president or vice president at 35. The 14th and 26th Amendments both dealt with the voting age, with the latter setting it at 18. But other than that, there are no guidelines about how old you need to be to do anything else, like smoke, drink, marry, drive—or buy a gun.

History Stories
1960s Unrest Was The Impetus For The First Gun Age Limits
By Becky Little // March 2, 2018

https://www.history.com/news/gun-age-limits-history

[edpc]

Right.  But apparently it is constitutional for fed law to include age restrictions.  So wouldn’t state law be constitutional, as well, as long as it doesn’t contradict fed law?

There is a contradiction, since federal law allows purchase of long guns at age 18.  Florida has made the purchase of all firearms age 21.

[Meldrew]

So you can't have a handgun or now a long gun until you're 21 unless the government decides it needs you to in which case you can have a gun at 18 which they give you and teach you to use. You can have and drive a car which technically kills more people than all guns at 16.  15 is the age of consent for sex in many states (but they can't have a drink or a smoke afterward) but a 5 year old can determine their own gender. 

I hope that the action by the NRA helps sort out this hodgepodge of legislation but one thing is certain - the 2nd is a natural,civil and constitutional right that should be protected for all - even young adults. 

[LauraTXNM]

It looks like at least HI and IL require 21 to purchase long guns.  So I’m guessing states are allowed to have higher age limits.

[LauraTXNM]

And VT only requires 16 to purchase a long gun.

[Bigun]

And any state and or federal law which places age restrictions on the ability to keep and bear arms is an infringement IMHO!

[IsailedawayfromFR]

Right.  But apparently it is constitutional for fed law to include age restrictions.  So wouldn’t state law be constitutional, as well, as long as it doesn’t contradict fed law?

Why do you assume all laws are constitutional?

Have you seen an instance when this specific law was ruled by a court as constitutional?

[Jazzhead]

If there are currently higher age-restrictions on handgun purchases, why would it be unconstitutional to raise the age for long guns?

I doubt it violates the Federal Constitution;  I have no knowledge of the Florida constitution.   But logically,  if an age 21 restriction on purchasing handguns is constitutional,  then extending the age limit to long guns would appear not to be barred.

Correct me if I am wrong, but the new law merely bans future sales to persons under age 21,  it doesn't bar mere possession and wouldn't keep daddy from buying a gun for use by his son or daughter.   It also doesn't make illegal the ownership of guns purchased by kids before the ban went into effect    The latter strikes me as most problematic from a constitutional perspective. 

The basic idea under Heller is that gun ownership can be regulated but not denied.   Remember that the facts in Heller involved a local law that essentially made it impossible for an individual to keep a handgun in the home for self protection.  That is the essence of the natural right acknowledged for the first time by Heller.   Obviously, the extent of permissible restrictions on the individual RKBA remains unknown and the NRA wants to pursue a case to find out if an age restriction is inherently unconstitutional.  That makes sense;  the extent of the right needs to be fleshed out,  and it would be interesting to see how the Courts view age limits generally from a Constitutional perspective.   It is indeed odd to have a situation where one can drive at 16, vote and join the Army at 18, can't drink or buy a gun until 21,  and  must be offered health insurance under daddy and mommy's policy until age 26. 

[Jazzhead]

And VT only requires 16 to purchase a long gun.

All of which suggests that the SCOTUS will defer to the states and not impose a rule based on the federal Constitution.

[edpc]

Correct me if I am wrong, but the new law merely bans future sales to persons under age 21,  it doesn't bar mere possession and wouldn't keep daddy from buying a gun for use by his son or daughter.   It also doesn't make illegal the ownership of guns purchased by kids before the ban went into effect    The latter strikes me as most problematic from a constitutional perspective. 

Then you'll just love what Illinois is doing.

http://www.gopbriefingroom.com/index.php/topic,307219.0/topicseen.html

[Suppressed]

So you can't have a handgun or now a long gun until you're 21 unless the government decides it needs you to in which case you can have a gun at 18 which they give you and teach you to use.

Not just "have"...but they'll point their guns at you if you don't take the gun they force you to take up -- we still have draft registration.  Just because there are some legitimate exceptions doesn't mean it's okay.

[Suppressed]

I think this thread deserves a repost of this...

! No longer available

It's a Sorry World
by Tim Wilson (RIP)

You can go to war when you're 18
But you can't buy a beer
You can launch missiles from a submarine
But you can't buy a pistol here
You can breathe chemical weapon fumes
But they don't want you to smoke
So when you're shootin' up a bar in Baghdad, don't order a rum and coke

You can have sex when you're 17
You just can't have the cigarette
You ain't old enough for a slot machine
Or to lay down a football bet
But they'll take you at the clinic if you're 15
And your folks don't have to know
Or you can take penicillin,
Just don't watch people gettin' naked on video

You can be a governor at 21
Or a president at 35
You can be the senator from South Carolina
If you can just stay alive
They'll throw you in with sharks when you're 12 years old
Teach you to scuba dive
But when you're 94 and can't see anymore
they'll still let you drive

Just don't get caught with no beer in your hand if you just turned 18
They don't mind you ownin' acetylene torch
and a gallon of gasoline
You just can't buy smokes at the liquor store or y'all will both go to jail
But they'll sell you a rope
so you can hang yourself while you're listening to Nine Inch Nails
 
It's a sorry world
It's a sooo-rry world
It's a sorry world when you can raise younguns but you can't smoke a Marlboro
It's a sorry world when you're 17 and you can't call a callgirl.

[GrouchoTex]

Be prepared for this to stand, I hate to say.
It will only bring more laws like it, unfortunately.

Fla. will argue that their citizens 2A rights "shall not be infringed", yet also argue that "well regulated" is not defined in 2A, thereby invoking the 10A.

I hope I am wrong, but I fear this may be the beginning of a long, hard fight.

[libertybele]

Be prepared for this to stand, I hate to say.
It will only bring more laws like it, unfortunately.

Fla. will argue that their citizens 2A rights "shall not be infringed", yet also argue that "well regulated" is not defined in 2A, thereby invoking the 10A.

I hope I am wrong, but I fear this may be the beginning of a long, hard fight.

Yes.  But isn't the SCOTUS only supposed to rule on the Constitutionality of the 2A and whether or not Florida law is infringing on that right? So ... does the State of Florida have the right to restrict age?  Nowhere in the 2nd amendment does it limit age, but it does state "the right of the people to bear arms".  Is the State of FL infringing on the rights of those adults under the age of 21?  Since it seems different states have various different age requirements, IMHO I would say that the NRA might very well lose on this one. Not that I agree with what Governor Scott has done, but I see the law unfortunately sticking.

[GrouchoTex]

I think we are of the same understanding.
As 2A doesn't set an age requirement, Fla. could say, that would fall under the 10A.
Not a good start.
Some state could say no one under 40 and try this argument.
Sounds crazy, but any crazier than the IL bill, now in the State Senate that will take guns from 18 to 20'year olds?