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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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Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

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Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

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Tuesday, January 6, 2026

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Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

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Monday, January 12, 2026

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North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

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Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

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On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Pennsylvania: 2026 Legislative Session Convenes

Tuesday, January 6, 2026

Pennsylvania: 2026 Legislative Session Convenes

On Tuesday, January 6th, the Pennsylvania Legislature began the 2026 legislative session. As in 2025, lawmakers are expected to introduce both pro-gun and anti-gun bills this year. Gun owners and sportsmen throughout the state must stay actively involved ...

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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.