Court Upholds Florida's Under-21 Firearm Purchase Ban as Legislative Change Looms

In a case of remarkable timing, the 7th Circuit Court of Appeals affirmed Florida's ban on firearm purchases by individuals under 21 years old on March 14, precisely as Florida Governor Ron DeSantis and Republican legislators are actively working to repeal the same restriction.

The National Rifle Association (NRA) has challenged this law since its 2018 passage following the Sandy Hook tragedy. The full circuit court's ruling in NRA v. Bondi upheld a previous decision by a three-judge panel from the same court.

Chief Judge William Prior wrote in the majority opinion that "The Florida law that prohibits minors from purchasing firearms does not violate the Second and Fourteenth Amendments because it is consistent with our historical tradition of firearm regulation." He explained that from the founding era through the late 19th century, laws limited minors' firearm purchases "for the same reason: to stop immature and impulsive individuals, like Nikolas Cruz, from harming themselves and others with deadly weapons."

However, the ruling faced significant opposition from within the court itself. Judge Andrew Brasher authored a dissent, joined by three colleagues, arguing that the restriction failed to meet the historical standard established in the Supreme Court's 2022 Bruen decision.

"There were no age-based limitations on the right to keep and bear arms either before, during, or immediately after the adoption of the Bill of Rights," Brasher wrote. He continued, "Nothing in our nation's historical tradition of firearm regulation resembles Florida's complete prohibition on an adult's ability to purchase a firearm based only on that adult's age."

Due to conflicting rulings among circuit courts regarding restrictions on adults under 21, the NRA will likely appeal. In an interesting development, newly-appointed Florida Attorney General James Uthmeier announced he would not continue defending the law, stating, "Men and women old enough to fight and die for our country should be able to purchase firearms to defend themselves and their families."

Governor DeSantis had already targeted the law for elimination during his March 4 State of the State address, declaring, "The free state of Florida has not exactly led the way on protecting Second Amendment rights... We need to be a strong Second Amendment state."