Constitutional attorney explains why Florida Age-based Gun Ban is illegal

Published on October 9, 2021
Duration: 12:54

Constitutional attorney Mark W. Smith argues Florida's age-based gun ban for 18-20 year olds is unconstitutional. He cites the Second Amendment's protection of 'the people,' historical precedent from the Militia Act of 1792, and the maturity demonstrated by young adults in military service, challenging the state's rationale based on crime rates and brain development.

Quick Summary

Constitutional attorney Mark W. Smith argues Florida's age-based gun ban for 18-20 year olds is unconstitutional. He cites the Second Amendment's protection of 'the people,' historical precedent from the Militia Act of 1792, and the maturity demonstrated by young adults in military service, challenging the state's rationale based on crime rates and brain development.

Chapters

  1. 00:00Introduction to Florida gun ban
  2. 00:45Post-Parkland legislation and litigation
  3. 01:39Constitutional textual analysis
  4. 03:33Historical context and Militia Acts
  5. 06:32Rebutting Florida's crime rate argument
  6. 08:09Brain development and civil rights
  7. 09:20Examples of maturity in service
  8. 11:52Conclusion on legality

Frequently Asked Questions

Why is Florida's age-based gun ban being challenged?

Florida's ban prevents 18-20 year olds from purchasing firearms, despite them being legal adults for other purposes. Constitutional attorney Mark W. Smith argues this violates the Second Amendment and historical precedents like the Militia Act of 1792.

What historical arguments support 18-year-olds owning firearms?

The Militia Act of 1792, passed shortly after the Bill of Rights, required men aged 18 to 44 to own firearms for militia duty, indicating the Founders' intent for young adults to be armed.

How does the Second Amendment apply to age restrictions on firearms?

Constitutional attorney Mark W. Smith argues the Second Amendment protects 'the people,' encompassing all adults. He notes the Founders' specific inclusion of age limits for other offices, suggesting the lack of one in the Second Amendment was intentional.

What are the counterarguments to Florida's ban based on crime rates and brain development?

Mark W. Smith contends that denying rights to 98% of 18-20 year olds due to the actions of 2% is unconstitutional. He also argues that using brain development as a reason to restrict rights granted at 18 is inconsistent with other civil liberties.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from The Four Boxes Diner

View all →