Gun control measures are struggling to survive in lower courts in the wake of the Supreme Court’s ruling last year that firearm restrictions must align with the nation’s history when the Second Amendment was drafted — but at least one state law has survived.
A three-judge panel of the U.S. Court of Appeals for the 11th Circuit upheld this month Florida’s ban on 18- to 20-year-olds purchasing firearms, reasoning that laws during the Reconstruction Era restricted 18- to 20-year-olds from buying pistols.
However, Republican lawmakers in Florida have since introduced legislation that would lower the age for purchasing certain guns to 18. Justice Clarence Thomas’ majority opinion served as a lecture, directing judges to start taking the high court’s Second Amendment jurisprudence seriously. He said courts must determine whether a firearm restriction would have seemed reasonable to the founders who crafted and ratified the Second Amendment. If not, the law must yield to the Constitution.
New York doubled down by trying to designate nearly every public area in the state a gun-free zone, effectively doing away with the right to carry. That post-Bruen move is working its way through the courts. But she acknowledged that circuit courts haven’t had the final say and suggested the high court will eventually need to step in and clarify its ruling.
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