Young Guns: Youth, the Second Amendment, and Florida Law

Abstract

Following the February 2018 Parkland, Florida massacre, in which a lone gunman murdered 17 people and injured 17 others, a bipartisan coalition of Florida lawmakers passed the Marjory Stoneman Douglas High School Public Safety Act. Among the most noteworthy of the Act’s policy reforms is its provision declaring that “[a] person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer,” a restriction presumably enacted in response to the fact that the Parkland shooter had legally purchased his weapons at the age of eighteen. Critics of this provision allege that it violates the Second Amendment to the U.S. Constitution. The National Rifle Association (NRA), in a lawsuit filed just hours after the Florida law went into effect, challenged the age restriction’s validity on this basis. Whether the plaintiffs’ position is correct is an issue that has divided jurists and distinguished legal commentators.

Here, I argue that there are powerful cases to be made for both the constitutionality and the unconstitutionality of Florida’s age restriction on gun sales. I describe what I believe to be the most powerful arguments for each position and evaluate the strengths and weaknesses of each. In assessing the merits of constitutionally based arguments, I use judicial precedent as a guidepost; ultimately, however, I adhere to the philosophy of originalism in deciding constitutional questions. All told, although I expect that courts will probably uphold it against the Second Amendment challenge, whether they should do so is much closer question, one to which I do not have a firm answer. I contribute to the literature by engaging in a more in-depth historical analysis, as well as a more fine-grained inquiry into the factual justifications for Florida’s law in particular.

Keywords: guns, firearms, arms, constitution, rights, second amendment, Florida, gun control, civil liberties, Heller, age