Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! Federal Judge Refuses to Dismiss NRA Challenge to Florida Gun Law

Wednesday, May 6, 2020

DATE:  May 6, 2020
TO:      USF & NRA Members and Friends
FROM:  Marion P. Hammer
  USF Executive Director
  NRA Past President

After two years of stalling by the Florida Solicitor General’s Office, it looks like we will finally get our day in court.  Having run out of preliminary, technical motions, the State will finally have to justify its continuing violation of the constitutional rights of law-abiding adults age 18-20. Hopefully the courts will not allow anti-gun politics to further delay this case. 

Permission to reprint has been granted 

JUDGE CLEARS WAY FOR CHALLENGE TO GUN LAW 

May 4, 2020

Jim Saunders 

TALLAHASSEE --- A federal judge has refused to dismiss the National Rifle Association’s challenge to a 2018 state law that blocked people under age 21 from buying guns. 

Attorney General Ashley Moody’s office argued that Chief U.S. District Judge Mark Walker should dismiss the case, which challenges a law that the Legislature and then-Gov. Rick Scott approved after a gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland. 

But Walker, in an eight-page decision Friday, denied the state’s request to dismiss the case, which is scheduled to go to trial in January. Walker made clear that he was not ruling on the NRA’s underlying arguments that the law violates constitutional 2nd Amendment and equal-protection rights --- only that the case should be allowed to move forward. 

“It is important to keep in mind the narrow issue before the court at this stage of the proceedings. This court is not asked to, and does not, decide whether (the law) is constitutional. Rather, the question is whether plaintiffs’ complaint contains ‘enough facts to state a claim to relief that is plausible on its face,’” he wrote, quote a legal precedent. 

The law, which the Legislature rushed to pass after the Marjory Stoneman Douglas massacre, says that people under age 21 cannot buy firearms, including rifles and shotguns. A federal law already banned licensed firearms dealers from selling handguns to people under 21, and the state law broadened that to also prevent private sales of handguns to people under 21, according to court documents. 

“Consequently, 18-to-20-year-old adult citizens in Florida are now prohibited from purchasing any firearm from any source,” Walker wrote. 

In a Jan. 21 motion to dismiss the case, attorneys in Moody’s office argued that the measure “follows a long tradition of laws conditioning the purchase of firearms on the purchaser’s having obtained the traditional age of majority --- 21 years of age.” Also, the motion said that while the law prevents people ages 18 to 20 from buying guns, it doesn’t prevent them from having guns that, for example, they received as gifts. 

“Florida’s age qualification is reasonably calculated to advance the state’s interest because it applies only to the purchase of firearms,” the motion said. “Any law-abiding person over the age of 18 may gift, loan, or allow the use of a firearm to an otherwise qualified person over the age of 18, who may in turn keep and use that firearm for any lawful purpose, including home defense, hunting, sport and practice shooting. The sale-gift distinction is aimed at a uniquely dangerous problem --- the purchase of firearms by 18-to-20-year-olds absent the judgment of a parent, guardian, or other law-abiding adult that the individual is prepared for the responsibility of gun ownership.” 

But in a memorandum filed April 17 opposing the motion to dismiss, NRA attorneys described the law as “draconian” and said it infringes on the constitutional rights of people ages 18 to 20 to keep and bear arms. Also, NRA attorneys contended that the law is not the “least restrictive alternative to achieve a compelling government interest.” 

“The ban prevents the ability of all 18-to–20-year-olds to purchase firearms to exercise their Second Amendment rights --- even for self-defense in the home,” the NRA memorandum said. “If the compelling interest is limiting gun violence on school campuses, the ban is not the least restrictive means because the ban encompasses all 18-to-20-year-old adult Floridians, including those who no longer have any connection to school campuses. Nor have defendants demonstrated the unavailability of less restrictive alternatives.” 

Former Marjory Stoneman Douglas student Nikolas Cruz was 19 at the time he was charged with using a legally purchased semi-automatic rifle to kill 17 students and faculty members at the school. Cruz continues to await trial. 

The NRA filed the lawsuit immediately after the law was passed in 2018, but the case has moved slowly, at least in part because of a dispute about an NRA attempt to allow two opponents of the law to participate in the case anonymously --- an idea that ultimately was dropped, with a named plaintiff, Radford Fant, joining the case. 

While Walker denied the state’s request to dismiss the lawsuit Friday, he agreed to a request to dismiss Moody as a defendant. Florida Department of Law Enforcement Commissioner Rick Swearingen remains a defendant.

 

 

 

 

 

IN THIS ARTICLE
Florida Second Amendment
TRENDING NOW
California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 9, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, along with the Second Amendment Foundation, Firearms Policy Coalition, and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.