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 asserts the Second Amendment's protection of 'the people' includes all adults, citing historical precedent like the Militia Act of 1792. Smith refutes arguments based on crime rates and brain development, highlighting that denying rights to the majority based on a minority's actions is discriminatory and that 18-year-olds are entrusted with significant responsibilities.

Quick Summary

Constitutional attorney Mark W. Smith argues Florida's age-based gun ban for 18-20 year olds is illegal, asserting the Second Amendment protects all adults. He cites the Militia Act of 1792, which required 18-year-olds to be armed, and refutes arguments based on crime rates or brain development, stating such restrictions deny rights to the majority based on a minority's actions.

Chapters

  1. 00:00Introduction: Florida Gun Ban Challenge
  2. 00:45Post-Parkland Legislation and Litigation
  3. 01:39Constitutional Textual Analysis of 2nd Amendment
  4. 03:33Historical Context: Militia Acts and 18-Year-Olds
  5. 06:32Rebutting Florida's Crime Rate Argument
  6. 08:09Brain Development vs. Civil Rights
  7. 09:20Maturity Demonstrated by Young Service Members
  8. 11:52Conclusion: Ban's Illegality Under 2nd Amendment

Frequently Asked Questions

Why is Florida's age-based gun ban for 18-20 year olds considered illegal by constitutional attorneys?

Constitutional attorneys argue that Florida's ban violates the Second Amendment by infringing on the rights of 'the people' without sufficient justification. They point to historical precedents like the Militia Act of 1792, which recognized 18-year-olds' right to bear arms, and argue that denying rights based on the actions of a small minority is unconstitutional.

What historical evidence supports the right of 18-year-olds to own firearms?

The Militia Act of 1792, passed shortly after the Bill of Rights, mandated that men aged 18 to 44 own firearms and be ready for militia duty. This historical act demonstrates that the Founders expected 18-year-olds to be armed and capable of contributing to national defense.

How do legal arguments against age-based gun bans address concerns about brain development?

Attorneys argue that using incomplete brain development at 18 as a reason to restrict gun rights is a slippery slope. This logic could be used to deny other fundamental rights currently granted at 18, such as voting, military service, or making medical decisions, which are considered indicators of adult maturity.

What is the legal status of Florida's age-based gun ban for 18-20 year olds?

Florida's law restricting firearm purchases for individuals under 21, enacted after the Parkland shooting, is being challenged in federal court. The case has progressed to the 11th Circuit Court of Appeals, where its constitutionality is under review.

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