An October 22 start date has been announced for the 11th Circuit Court of Appeals to begin hearing arguments in the National Rifle Association’s case challenging Florida’s ban on long gun purchase by adults 18 to 20 years old.
In early March, a three-judge panel of the 11th Circuit Court upheld the ban in the case NRA v. Bondi, ruling the restriction constitutional under the Second Amendment.
In 2018, the state hastily passed the law following the tragic mass murder at Marjory Stoneman Douglas High School in Parkland, Florida. The law prohibits anyone under age of 21 from purchasing a firearm and creates criminal penalties for both underage purchasers and those who sell to under-21-year-olds.
In a brief filed in July for the upcoming proceedings, the NRA outlined several reasons why the court should rule the age restriction unconstitutional.
“In Florida, persons aged 18 and older are legal adults for purposes of the civil rights and obligations of adulthood,” the brief stated. “Florida’s young adult citizens aged 18 to 20 can vote, contract, and marry. They may be required to appear for jury duty. And they may choose to risk life and limb by serving in our military or Florida’s law enforcement agencies. But they face prison for exercising their right to buy a firearm because Florida bans young adults from purchasing any firearm for any reason.”
As the brief discussed, this restriction runs afoul of the 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen.
“This law is unconstitutional,” the brief continued. “The Second Amendment’s text protects young adults’ right to purchase a firearm, and the State has not proven that the ban is consistent with our Nation’s historical tradition of firearm regulation. The Young Adult Ban cannot stand. The district court upheld the ban without the benefit and guidance of Bruen. After the Supreme Court decided Bruen, a panel of this Court affirmed based on a motley assortment of incomparable and far-too-late laws from the Reconstruction Era that contradict the Founding Era tradition permitting and requiring young adults to acquire firearms.”
For its part, the state argued in a brief filed on August 30 that there was historical precedent for the court to uphold the law.
“The law prohibits only purchase of firearms by and sale to 18-to-20-year-olds,” the brief stated. “The Second Amendment does not forbid that modest and temporary restriction. At the time of the Founding, under-21-year-olds lacked the capacity to enter into contracts for firearms. At the time, as well, contracting was the only practical way to purchase a firearm. And when the States enacted laws organizing their militias in response to the Militia Act of 1792, they overwhelmingly recognized that feature of common law.”
Interestingly, the Florida House passed legislation in March to amend Florida’s minimum age requirement for purchasing or acquiring firearms from licensed dealers from 21 back to 18 years of age. However, that measure later died in the state Senate.
The timing for the en banc hearing by the 11th Circuit Court comes only four months after another Circuit Court struck down Minnesota’s law that prohibits 18- to 20-year-olds from being eligible for a carry permit. In that case, the state argued that 18- to 20-year-olds were not “the people” mentioned in the Second Amendment.
In a straightforward application of Bruen, that court concluded that young adults are “the people,” and no relevant history or tradition supported an age-based ban on their carrying of firearms.
“Ordinary, law-abiding, adult citizens that are 18- to 20-year-olds are members of the people because: (1) they are members of the political community under Heller’s “political community” definition; (2) the people has a fixed definition, though not fixed contents; (3) they are adults; and (4) the Second Amendment does not have a freestanding, extratextual dangerousness catchall,” that court ruled.
RE: “In that case, the state argued that 18- to 20-year-olds were not “the people” mentioned in the Second Amendment.”
And throughout history thanks to Gun Control neither were Blacks, Catholics, etc. Never mind that Gun Control fact it’s much more important for the pathetic gutless ratbassturds on this forum to talk about which label they like more…Chiraq or Chicongo.
Lol stay out of courtroom drama you only recently realized was relevant ya toe tapping twit.
“Understanding the Teen Brain
It doesn’t matter how smart teens are or how well they scored on the SAT or ACT. Good judgment isn’t something they can excel in, at least not yet.
The rational part of a teen’s brain isn’t fully developed and won’t be until age 25 or so.
In fact, recent research has found that adult and teen brains work differently. Adults think with the prefrontal cortex, the brain’s rational part. This is the part of the brain that responds to situations with good judgment and an awareness of long-term consequences. Teens process information with the amygdala. This is the emotional part.
In teens’ brains, the connections between the emotional part of the brain and the decision-making center are still developing—and not always at the same rate. That’s why when teens have overwhelming emotional input, they can’t explain later what they were thinking. They weren’t thinking as much as they were feeling.”
The pertinent point:
“Teens process information with the amygdala. This is the emotional part.“
So you see, billy and suzie, the fascist left want you to be minors until at least 25.
But they want you voting at 16.
Almost like they’re admitting only children with brains that have yet to develop completely would support Democrats.
“the fascist left want you to be minors until at least 25“
I’m not sure where you’re getting all that, I posted details of research concerning the judgment and impulse control of teenagers.
So are you saying that young people should not be drafted/enlisted until the age of 25? Or they shouldn’t be able to get a driver’s license because they may suffer road rage (emotional rage) until they are 25? Lots of older people still allow their emotions to over rule rational thought.
“Lots of older people still allow their emotions to over rule rational thought.“
Yes, that’s true, and it seems many of them post to this very forum.
The difference is, mature adults don’t have any excuse for not controlling their emotional response.
📽️ 🍿
So no voting till 25? Good to go!
There’s a difference between voting, a deliberative process with a predictable path, and firearms, capable of causing violent death on a moment’s impulse.
There is, lots more harm can be done by voting and a lot more propaganda can sway decisions.
There is simply no better example of the left’s dishonesty and hypocrisy than the paradox presented by their conflicting positions on voting and gun rights. On one hand young people aren’t mentally developed or mature enough to process firearms but on the other hand they are good to go when it comes to voting. Well……which is it?
There’s a difference between voting, a deliberative process with a predictable path, and firearms, capable of causing violent death on a moment’s impulse.
“Voting at 16: Turnout and the quality of vote choice
Markus Wagner,1 David Johann,2 and Sylvia Kritzinger∗
Abstract
Critics of giving citizens under 18 the right to vote argue that such teenagers lack the ability and motivation to participate effectively in elections. If this argument is true, lowering the voting age would have negative consequences for the quality of democracy. We test the argument using survey data from Austria, the only European country with a voting age of 16 in nation-wide elections. While the turnout levels of young people under 18 are relatively low, their failure to vote cannot be explained by a lower ability or motivation to participate. In addition, the quality of these citizens’ choices is similar to that of older voters, so they do cast votes in ways that enable their interests to be represented equally well. These results are encouraging for supporters of a lower voting age.“
By his/her definition Miner would clearly be 13.
MINOR49er, If you are worried about “teen judgement”, you are barking up the wrong tree. Most teens have more common sense than you. (Of course that’s not saying much for them)
We have teens joining the military or didn’t you know that? Teens are allowed to VOTE. (I’ll bet that scares the hell out of you)
I have a hunch it’s time for you to put your big boy pants on and grow up.
MajorLiar,
So, . . . . why do we let them vote? Or drive?? Or enter into binding conracts??
I can argue all day about what the “age of majority” should be, but . . . once you pick an age, STICK WITH IT! But that’s too much consistency and logic for Leftist/fascists.
You don’t want them to have guns, but you want their (idiot) votes. And we HAVE to let them drive, or they won’t vote for us! But your argument for not allowing them guns is . . .. they don’t have sufficiently mature judgement??? So, they are smart enough/possess sufficient wisdom to VOTE, drive a car (a seriously deadly weapon, even forgetting the accident potential), we allow them to enter into contracts that are legally binding, but . . .. they don’t have enough judgement to own a gun.
GREAT LOGIC, MajorButtnugget!!!
Do you ever read the crap you post?? (Oh, I forgot – a Leftist/fascist can believe 7 impossible things before breakfast.). You are a laughable idiot. You are dumber than Balaam’s off ass (and it STILL tickles me that you haven’t figured that one out, yet!!).
Please do the world a favor, and remove yourself from the gene pool (not that any sentient being would be willing to procreate with the likes of you)..
You man I gotta wait until I’m 21 to get a six shooter!
So you’re not a real adult at 18? No military for you. No contracts for you. Your parents still own you.
I use this argument amongst the young ones here in lala land. The fascist left wants to return the young to bondage.
And it works.
Do not think all instructors are pro 2A.
A concealed carry license instructor argued with me that 18 is too young and added, “you know the 2A is written so funny”.
I stated the 2A is clearly written and there is nothing “funny” about it. When asked to define “funny” she was speechless.
Moral: Not all whom you might think are pro 2A are not necessarily pro 2A and that includes military, L E O, instructors et al.
There is simply no better example of the left’s dishonesty and hypocrisy than the paradox presented by their conflicting positions on voting and gun rights. On one hand young people aren’t mentally developed or mature enough to process firearms but on the other hand they are good to go when it comes to voting. Well……which is it?
There’s a difference between voting, a deliberative process with a predictable path, and firearms, capable of causing violent death on a moment’s impulse.
Ah the repetitive necessity of propaganda. But yes double down on your doublethink the cognitive dissonance is delicious.
But little johnny can get his winkie cut off at 12
MINOR49er, Unbelievable. You trust teens to vote but not to own and or possess a firearm? For your edification thousands of teens go out into the woods and hunt every year. And you know what? You don’t hear of hunting accidents with these youths. The hunting accidents are always with older hunters. Clearly, you have missed the boat with your “the sky is falling” rhetoric.
MajorLiar,
As you, yourself have pointed out on THIS SITE – Adolf Shickelgruber was democratically elected. So, your “argument” is that . . . . voting is less dangerous than a gun???? Is THAT really what your are saying???? (Just want to be clear, here.)
“Voting is a deliberative process.”
SRSLY???? So, a kid who hasn’t sufficient judgement to safely own a gun, is wise enough to know who to vote for??? Oh, and they also don’t know enough to (i) use alcohol (or marijuana, in those states that have partially legalized it), (ii) enter into binding contracts (like an 18 year old – who by your own argument is too immature to own a gun) can make a MATURE judgement about entering into a legally binding contract, that could last FAR LONGER than a term off office??
You are simply too stupid to insult.
The 26th (18 as age to vote) is another shining example of prog stupidity (only ratified in 1971).
I thought we’ve all agreed that people are adults at 18, but there’s a strange double standard. On the one hand, we see 12, 13, and 14-year-old children charged as “adults” when they commit crimes, but on the other hand, we hear the argument that anyone under 21 should be treated as “children” for the right to bear arms (and Minor49er says people under 25 are still “children”).
If you can be criminally charged as an adult at 12, 13, or 14, then you should have the rights of an adult at 14 (or stop charging them “as adults” when they’re not). I remember one case where a 12-year-old boy accidentally killed his sister while wrestling in their house, and the 12-year-old was sentenced “as an adult” to life in prison without the possibility of parole — at age 12, for an accidental death! A 12-year-old. Accidental death. Life in prison without parole.
If you have the rights of an adult at 18, then you shouldn’t be criminally charged as an adult until 18.
If you have the rights of an adult at 21 (as it is for drinking age), then you shouldn’t be criminally charged as an adult until 21, shouldn’t be allowed to vote until 21, enlist in the military until 21, be drafted until 21, drive a car until 21, sign contracts until 21, get married until 21, have a credit card until 21, etc.
Even though legally they turn at 18, in America:
12, 13, or 14 is the age boys are often charge children “as adults” if they commit crimes,
16 is the consent to marriage or se-ks in many states,
17 is the age you can enlist in the military in USA with a parent’s consent,
18 is the age people legally become adults, can vote, can buy long guns under Federal law, can enlist in the military without the parent’s consent, can get married in every state, can consent to se-ks in every state, etc.
21 is the age you can drink and buy handguns,
25 is the age for car rental if you’re male (it might be lower for females)
“and Minor49er says people under 25 are still “children”
Nope, I provided peer reviewed research showing those under 25 have not fully developed the capacity to consistently make rational judgments.
It’s best if one reads the research for themselves, then forms their own conclusions.
The difference between voting and firearms possession and use is not insignificant.
Voting is a deliberative process, with a predictable path.
Firearms are a lethal tool with which one can commit violent death on a moments impulse.
And lack of impulse control is a major deficit of the immature brain, as the research shows.
So are cars your argument is invalid.
MINOR49er, “Peer review research”? Just Burst Out Laughing.
You know as well as I do that your “peer review research” always starts out with a predetermined conclusion with statistics and rhetoric reenforcing a conclusion already reached.
Please! This academia rhetoric is getting older than sin.
Nobody commenting on the applicability/irrelevance of the legal arguments made by plaintiffs, or govt. There are some interesting implications at hand, and some interesting wording.
Slapfight first digging for context and meaning later? I admit it will be a while before I get to this in depth
I do tend to approach a venue for venting and chest thumping as if it were a forum for instruction and education into the legal and political truths about guns.
Might be better if I read TTAG as pure entertainment, like a Spider Man movie.
Embrace the power of and. Infotainment
🙂
So no sex til you are 36 and no driving til you are 42. When you turn 18 we take off the shock collar, if you have been good. I have been advocating this since I turned 43. Good to know y’all finally coming around.