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
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

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.