Florida and Pennsylvania Gun Restrictions Face Challenge
Florida Law Bars People Under 21 from Buying Rifles and Other Long Guns
Tallahassee, FL – With a federal appeals court poised to hear a challenge to a Florida law that bars people under age 21 from buying rifles and other long guns, the U.S. Supreme Court has temporarily allowed a Pennsylvania gun restriction on young adults. The Supreme Court overturned an appeals-court ruling that blocked a Pennsylvania law preventing people under age 21 from carrying guns during declared emergencies.
Differing Laws, Same Question: Second Amendment Challenges
Both Florida and Pennsylvania laws focus on Second Amendment challenges to gun restrictions for people ages 18 to 20. Both cases involve the interpretation of Supreme Court precedents and the “historical tradition” of gun regulation.
Federal Court Ruling in Pennsylvania Case Sends Case Back to Appeals Court
The Supreme Court did not explain its reasons, but sent the Pennsylvania dispute back to the 3rd U.S. Circuit Court of Appeals “for further consideration in light of” a Supreme Court opinion this summer in a Texas gun-rights case. In that case, known as United States v. Rahimi, the Supreme Court backed a ban on gun possession by people under domestic-violence restraining orders.
Florida Law Aims to Prevent Gun Violence
The 2018 Florida law, signed by then-Gov. Rick Scott and the Republican-controlled Legislature, barred people under 21 from buying rifles and other long guns after Nikolas Cruz, who was 19 at the time, used a semiautomatic rifle to kill 17 students and faculty members at Parkland’s Marjory Stoneman Douglas High School. Federal law already prevented people under 21 from buying handguns.
NRA Challenges Florida Law in Court
The NRA filed a lawsuit challenging the constitutionality of the law, but Chief U.S. District Judge Mark Walker upheld the age restriction. A three-judge panel of the 11th U.S. Circuit Court of Appeals also upheld the law, but the NRA asked the full appeals court to consider the case. The full court will hold an “en banc” hearing on the case.
Key to the Case: Interpretation of Supreme Court Opinions
A key to the case is how the appeals court interprets the Rahimi decision and a 2022 U.S. Supreme Court opinion in a case known as New York State Rifle & Pistol Association v. Bruen, which said gun laws must be “consistent with this nation’s historical tradition of firearm regulation.” The NRA has argued that the Bruen decision prevents the Florida law.
Conclusion
The Supreme Court’s ruling in the Pennsylvania case and the upcoming hearing in the Florida case raise questions about the interpretation of Supreme Court opinions and the “historical tradition” of gun regulation. The outcome of the cases could have significant implications for gun laws in both states and across the country.
FAQs
Q: What is the Florida law?
A: The Florida law bars people under 21 from buying rifles and other long guns.
Q: What is the Pennsylvania law?
A: The Pennsylvania law prevents people under 21 from carrying guns during declared emergencies.
Q: What is the U.S. Supreme Court’s role in the cases?
A: The Supreme Court overturned an appeals-court ruling in the Pennsylvania case and sent the dispute back to the 3rd U.S. Circuit Court of Appeals. The court also has the power to hear the Florida case, but the 11th U.S. Circuit Court of Appeals has initially blocked the challenge.
Q: What is the NRA’s stance on the laws?
A: The NRA has argued that the laws are unconstitutional, citing the Second Amendment and the “historical tradition” of gun regulation.
Q: What is the outcome of the cases likely to be?
A: The outcome of the cases is unclear, but the Supreme Court’s decision and the appeals court’s interpretation of Supreme Court opinions could have significant implications for gun laws in both states and across the country.
