TALLAHASSEE (CBSMiami/NSF) – Pointing to what it described arsenic the “irrationality” of the ban, the National Rifle Association has urged a national appeals tribunal to cull a 2018 Florida instrumentality that prevents radical nether property 21 from buying guns.
NRA attorneys past week filed a 61-page little arguing that the 11th U.S. Circuit Court of Appeals should find that the law, passed aft the wide shooting astatine Parkland’s Marjory Stoneman Douglas High School, violates Second Amendment and equal-protection rights.
The little came aft Chief U.S. District Judge Mark Walker successful June upheld the law. NRA attorneys wrote that the prohibition “infringes each young adults’ close to acquisition immoderate firearm, adjacent for self-defense successful the home” and contrasted it with different laws related to radical nether 21.
“State instrumentality demonstrates the irrationality of the ban,” the little said. “Florida instrumentality allows young adults — those it categorically deems unlawful and irresponsible (in the weapon law) — to service successful the subject and successful instrumentality enforcement. It besides allows young adults to service connected a jury, participate into contracts, writer and beryllium sued, get married, and ain property. Florida astatine erstwhile deems young adults to beryllium law-abiding and liable capable to enforce the instrumentality but not law-abiding and liable capable to beryllium trusted to travel it.”
The Republican-controlled Legislature and then-Gov. Rick Scott approved the prohibition arsenic portion of a wide-ranging measure passed aft 19-year-old Nikolas Cruz was accused of utilizing a semi-automatic limb to termination 17 students and module members during the shooting spree astatine Marjory Stoneman Douglas, his erstwhile precocious school. Cruz continues to await proceedings successful the shooting.
The instrumentality prevents the merchantability of rifles, shotguns and different agelong guns to radical ages 18 to 20. Federal instrumentality already barred income of handguns to radical nether 21.
Attorneys for the authorities person not filed arguments astatine the Atlanta-based appeals court. But successful a papers filed successful territory court, they wrote that radical ages 18 to 20 are a “particularly high-risk group” and pointed to technological grounds astir impulsive and risky behavior.
“Empirical grounds bears retired that due to the fact that 18-to-20-year-olds are uniquely apt to prosecute successful impulsive, emotional, and risky behaviors that connection contiguous oregon short-term rewards, drafting the enactment for ineligible acquisition of firearms astatine 21 is simply a tenable method of addressing the Legislature’s nationalist information concerns,” the papers said.
In his June ruling upholding the law, Walker, successful part, focused connected a landmark 2008 U.S. Supreme Court lawsuit known arsenic District of Columbia v. Heller. While the Heller lawsuit is broadly considered a large triumph for gun-rights supporters, it besides said definite “longstanding prohibitions” astir guns bash not interruption the Second Amendment, according to Walker’s ruling.
The Heller lawsuit cited prohibitions connected specified things arsenic felons and mentally sick radical possessing guns, Walker concluded that restrictions connected 18-to-20-year-old radical buying guns were “analogous” to the restrictions cited successful the Heller case.
“In short, Heller’s listed regulations are akin to restrictions connected the acquisition of firearms by 18-to-20-year-olds; each people circumstantial groups that are thought to beryllium particularly unsafe with firearms,” helium wrote.
But successful the little past week, NRA attorneys wrote that law-abiding, “responsible young adults cannot beryllium reasonably analogized to convicted felons and the mentally ill.”
“Nothing successful Heller oregon this court’s precedents enactment the conception that hundreds of thousands of law-abiding young adults successful Florida whitethorn beryllium categorically banned from purchasing firearms simply due to the fact that those individuals hap to beryllium successful a radical declared by the authorities to beryllium — without idiosyncratic adjudication — ‘especially unsafe with firearms,’” the little said. “This stretches the analogy to the presumptively lawful prohibitions connected felons and the mentally sick past the breaking point.”
While the instrumentality prevents radical ages 18 to 20 from buying guns, it allows them to person firearms, for example, arsenic gifts from relatives. NRA attorneys argued successful the little that the instrumentality violates law equal-protection rights.
“The Legislature discriminates betwixt young adults privileged capable to beryllium talented oregon loaned a firearm from those not truthful privileged,” the little said. “The erstwhile are someway acceptable for firearm ownership portion the second are not.”
(©2021 CBS Local Media. All rights reserved. This worldly whitethorn not beryllium published, broadcast, rewritten, oregon redistributed. The News Service of Florida’s Jim Saunders contributed to this report.)