Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

11th Circuit Upholds Ban on Sale to 18-20 Year-Olds, En Banc Vote Likely
AmmoLand ^ | March 17, 2023 | Dean Weingarten

Posted on 03/21/2023 5:28:49 AM PDT by marktwain

Five years ago, on March 8, 2018, Florida Governor Rick Scott signed into law Senate Bill 726. The law forbade residents of Florida 18-20 years old from purchasing firearms from federally licensed dealers. On the same day, the NRA sued the state of Florida (in the office of Attorney General, then Rick Swearingen), claiming the law was unconstitutional under the Second Amendment. On June 21, 2021, the District Court Judge ordered summary judgement against the NRA and for the State of Florida, finding the purchase ban on long guns against residents 18-20 years old did not violate the Second Amendment.

The NRA appealed the case to the Eleventh Circuit Court of Appeals in July 2021. About two years later, on June 22, 2023, the United States Supreme Court issued its opinion in the famous Bruen case, reaffirming the Heller decision and giving a clear procedure for courts to follow to determine if a law was unconstitutional because it violated the rights protected by the Second Amendment.

The Bruen case undermined the reasoning in the District Court decision to claim the Florida ban on sales to 18-20-year-olds was Constitutional.

On March 9th, 2023, five years after the Florida legislation was signed, a three-judge panel of the Eleventh Circuit issued an opinion against the NRA and upheld the District Court.

The opinion of the three-judge panel appears to be poorly reasoned. The first thing mentioned in the opinion is not a reference to the law, but the logical fallacy of an appeal to emotion, listing tragedies that happened long after the ratification of the Second Amendment and several years after the ratification of the Fourteenth Amendment.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 1820; 2a; banglist; constitution; fl; florida; rickscott
Navigation: use the links below to view more comments.
first 1-2021-33 next last
There were no laws preventing 18-20 year olds from purchasing firearms until well after the Civil War.
1 posted on 03/21/2023 5:28:49 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

My wonderful, conservative republican members voted for this travesty, including my districts fella, Aaron Bean who has now been elected to Washington. RINO’s.

Shame on them all.


2 posted on 03/21/2023 5:39:06 AM PDT by Ferndina
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Therefore is should be illegal for anyone under 21 to join the military. The military is all about firearms. The Federal Government is a bunch of hypocrites. The voting age must also be changed back to 21. If those under 21 are not mature enough to own a firearm, THEY SURE AS HELL ARE NOT OLD ENOUGH TO DETERMINE WHO RUNS THE COUNTRY!!!


3 posted on 03/21/2023 5:51:26 AM PDT by FlingWingFlyer (Free the J6 Heroes! Now! Heroic J6 Lives Matter. (HJ6LM))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ferndina

How is it possible for 14-16 year olds to opt to have body parts cut off but not mature enough at 18 to buy a firearm? Let’s let the left set the age for consent and apply that to liquor, tobacco, loans, guns, everything.


4 posted on 03/21/2023 5:52:50 AM PDT by Hipshot 6 (Hipshot 6, Out)
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain

Without doing a lot of recreational drugs, I can’t see how anyone could determine that selling firearms to 18-20 year olds could be “unconstitutional”. It’s mostly that age group who go to war, bleeds and dies for the Constitution, the Bill of Rights and the Second Amendment. I believe it’s time that we start randomly piss testing Feral “judges”. They ALL seem to lack the ability to think clearly. They do whatever the Dung Beetle Party turd rollers tell them to do.


5 posted on 03/21/2023 5:57:04 AM PDT by FlingWingFlyer (Free the J6 Heroes! Now! Heroic J6 Lives Matter. (HJ6LM))
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlingWingFlyer

Agreed! And also it,should,be illegal for anyone under 21 to mutilate th3mselves with surgeries that lop off body parts so that the person can fake being the opposite sex


6 posted on 03/21/2023 6:09:18 AM PDT by Bob434
[ Post Reply | Private Reply | To 3 | View Replies]

To: FlingWingFlyer

I foresee this going to Scotus and the only way this can go is that the age of Majority is set at either 18 or 21 for everything.


7 posted on 03/21/2023 6:13:06 AM PDT by uranium penguin
[ Post Reply | Private Reply | To 5 | View Replies]

To: FlingWingFlyer

Right. We cam arm and send 18 year olds off to a foreign country to kill or be killed and if they survive and return home say ... OK. give up your gun until you’re 21.


8 posted on 03/21/2023 6:23:57 AM PDT by antidemoncrat
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain

The circus courts, what a waste of time.


9 posted on 03/21/2023 6:31:33 AM PDT by Democrat = party of treason
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Communists never quit...
Every time they detect a glimmer of freedom & liberty needing to be stomped out, they attack, attack, attack...

More proof that:
The only good communist is a dead communist...
It is our duty as citizens to help everyone be as good as they can be...

10 posted on 03/21/2023 6:40:26 AM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Logic, honesty and integrity are rarely used instead of emotions for deciding such cases.

It’s easy to figure out.

Q1: Has the second amendment been abolished?

A1: No.

Q2: Have U. S. Citizens aged 18 to 21 years, reached the age of majority?

A2: Yes.

Q3: Does the proposed law infringe on the right to own and bear arms?

A3: Yes.

We’re done. And only took three seconds . . .


11 posted on 03/21/2023 7:06:24 AM PDT by MCSETots
[ Post Reply | Private Reply | To 1 | View Replies]

To: PROCON

Ping.


12 posted on 03/21/2023 7:35:35 AM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain; JulieRNR21; Travis McGee; AAABEST; kinganamort; katherineisgreat; floriduh voter; ...
Florida is definitely backwards having this knee-jerk law on the books.

Florida Freeper

I'm compiling a list of FReepers interested in Florida-related topics.
If you want to be added, please FReepMail me.

13 posted on 03/21/2023 7:39:58 AM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
The NRA appealed the case to the Eleventh Circuit Court of Appeals in July 2021. About two years later, on June 22, 2023, the United States Supreme Court issued its opinion in the famous Bruen case ...

Uh ... by crystal ball or tea leaves?

14 posted on 03/21/2023 7:40:35 AM PDT by BlueLancer (Orchides Forum Trahite - Cordes Et Mentes Veniant)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlueLancer; All
Good catch on the typo.

It was in 2022, not 2023.

15 posted on 03/21/2023 7:42:11 AM PDT by marktwain
[ Post Reply | Private Reply | To 14 | View Replies]

To: marktwain

Among the other points raised on this thread, the Twenty Sixth Amendment granting 18 year old’s the right to vote was passed in 1971 in response to the Vietnam War. If a person was old enough to fight and die for their country, they were old enough to vote. Being old enough to vote means a person is old enough to have and have responsibility for all other rights of a adult. The implications that follow from this should be obvious.


16 posted on 03/21/2023 7:53:27 AM PDT by Widget Jr
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Yeah, this law should be repealed.


17 posted on 03/21/2023 8:10:01 AM PDT by Recovering_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
The NRA appealed the case to the Eleventh Circuit Court of Appeals in July 2021. About two years later, on June 22, 2023, the United States Supreme Court issued its opinion in the famous Bruen case ...

MarkTwainGood catch on the typo.
It was in 2022, not 2023.

Which then raises that next question: how is June 22, 2022, about two years later than July 2021?

Either Dean Weingarten or somebody from Ammoland needs to do some serious proofreading ... it would seem that the timeline for this is very important.

18 posted on 03/21/2023 8:11:13 AM PDT by BlueLancer (Orchides Forum Trahite - Cordes Et Mentes Veniant)
[ Post Reply | Private Reply | To 15 | View Replies]

To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

19 posted on 03/21/2023 8:11:31 AM PDT by PROCON (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 1 | View Replies]

To: uranium penguin

On the one hand I agree with your assessment.
OTOH - I wonder if the SCOTUS wants to see that issue decided.
(I wonder if I want to see SCOTUS make a ruling on this. Right to vote at age 18? But RKBA at a later age? There will be some convoluted language and logic in that decision, if it gets that far.)


20 posted on 03/21/2023 8:11:38 AM PDT by Honest Nigerian (.)
[ Post Reply | Private Reply | To 7 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson