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Florida NRA Case to Protect Second Amendment Rights of Young Adults Moves Forward

Monday, May 11, 2020

Florida NRA Case to Protect Second Amendment Rights of Young Adults Moves Forward

NRA's effort to vindicate the Second Amendment rights of young adults in Florida in the case NRA v. Swearingen has passed an important milestone. On Friday May 1, the Chief U.S. District Judge for the Northern District of Florida Mark E. Walker denied almost all of the state's motion to dismiss, allowing the case to move forward. Citing the relevant caselaw, Walker noted that NRA's complaint "contains 'enough facts to state a claim to relief that is plausible on its face."

​In March 2018, Florida enacted SB 7026, which prohibited young adults ages 18-20-years-old from purchasing any firearm from a Federal Firearms Licensee or any other source. Those found in violation of the law are subject to up to 5 years imprisonment and up to a $5,000 fine. The same day the legislation was signed by the governor, NRA filed suit to declare the new prohibition unconstitutional.

In the past, the federal courts have upheld 18 U.S.C. 922(b)(1), which prohibits young adults ages 18-20 from purchasing handguns from licensed gun dealers. However, Florida's ban is a far greater infringement on Second Amendment rights in that it prohibits young adults ages 18-20 from purchasing rifles, shotguns, or handguns from any source. 

In its initial complaint, NRA made clear that Florida's age restriction violated the U.S. Constitution on multiple counts. First, NRA noted that the ban was unconstitutional on its face - as the "ban infringes upon, and imposes an impermissible burden upon, the Second Amendment rights​." Second, the complaint made clear that the new prohibition was an unconstitutional violation of the Second Amendment as applied to young women ages 18-20, who, as a cohort, are responsible for a minuscule percentage of overall violent crime.

Counts three and four presented facial and as applied challenges to the ban as a violation of the Fourteenth Amendment right to equal protection under the law, as the prohibition treats adults under the age of 21 differently than those 21 and older. Again, the complaint noted that the law cannot be constitutional as applied to young women ages 18-20 due to their demonstrated lack of propensity for violence.

In denying the state's motion to dismiss, Walker explained that in regards to the Second Amendment counts,

The crux of PlaintiffsSecond Amendment Claims is that [the age restriction] completely bars 18-to-20-year olds from acquiring a firearm by purchase and therefore impermissibly infringes on their Second Amendment rights. This Court concludes that Plaintiffs have plausibly alleged that [the age restriction] is unconstitutional either on its face or as-applied to Plaintiffs. ​

Likewise, addressing the Fourteenth Amendment claims, Walker noted,

Plaintiffs argue [the age restriction] violates the Equal Protection Clause because it treats 18-to-20-year-olds differently from other adults. This Courts ​analysis of PlaintiffsEqual Protection claims will be intertwined with its analysis of PlaintiffsSecond Amendment claims​... Because Plaintiffs have plausibly alleged that [the age restriction] impermissibly interferes with the exercise of their fundamental Second Amendment rights, this Court similarly finds that Plaintiffs have plausibly alleged that [the age restriction] violates the Equal Protection Clause either on its face or as-applied to Plaintiffs.​

With this latest hurdle out of the way, NRA looks forward to the court addressing the merits of this vital case. Young adults ages 18-20 are considered adults for almost all purposes, including eligibility to serve in the U.S. armed forces, and should be afforded the same rights as all other law-abiding adults.

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Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

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Monday, April 13, 2026

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Australia’s National Gun Buyback Already an “Extinct Policy”

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Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

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Friday, April 10, 2026

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Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

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Monday, April 13, 2026

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The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

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Friday, April 10, 2026

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Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

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Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Rhode Island:  Push For More Anti-Gun Bills Continues

Wednesday, April 15, 2026

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The Senate Judiciary Committee conducted a lengthy public hearing on over a dozen gun bills last night. 

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

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Monday, April 13, 2026

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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.