Florida House Votes to Repeal Post-Parkland Gun Law

The Florida House of Representatives took a major step towards restoring the Second Amendment rights of young adults (as well as rebuking the Eleventh Circuit Court of Appeals) on Wednesday by passing HB 759 by a wide margin of 78-34. 

The bill would repeal the ban on gun sales to adults under the age of 21 that was adopted by the legislature in the wake of the mass shooting at Majory Stoneman Douglas High School in Parkland, Florida in 2018; a law that was recently upheld by the Eleventh Circuit, which held that a “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.”

Notably, nearly all the House members who were present when the Parkland law first passed have since left the chamber because of term limits. While there was bipartisan support when the Republican-controlled Legislature passed that law in 2018, enough Republicans in the chamber now support repealing age restrictions to fast-track legislation through multiple readings on the floor.

“In America, you have a right to vote at the age of 18,” said Rep. Judson Sapp, a Green Cove Springs Republican. “In America, if you’re a man, you must sign up for selective service at the age of 18, which means in America, we think you’re mature enough to fight and die for this country. I philosophically believe that if you are treated as an adult to defend our country and to vote in our country, we must not infringe upon your constitutional rights.”

You can get married, sign a contract, and even run for some public offices at the age of 18, yet the Eleventh Circuit bizarrely contends that anyone under the age of 21 is a “minor” when it comes to their Second Amendment rights; an argument cited by opponents of HB 759.

House Minority Leader Fentrice Driskell, a Tampa Democrat, noted that the age limits in Florida law have upheld challenges in court, including a recent ruling by the 11th Circuit Court of Appeals.

“There is no legal reason to reverse course today,” she said. “In fact, the court said that we could have gone further, because when they analyzed the history and tradition of regulating firearm access by children, the court noted we could have been more restrictive. And in fact, there are other states that have been even more restrictive than Florida, and I think there’s no restriction that goes too far, frankly, if it comes to protecting our kids.”

No restriction goes too far, so long as a politician can claim it’s about protecting children? That’s a recipe for authoritarianism if I’ve ever heard one. And this isn’t about regulating gun access by children. It’s about preventing young adults from purchasing a firearm. A 20-year-old single mom who lives alone with her child is prohibited by law in Florida from purchasing a shotgun for self-defense and the defense of her child thanks to this law. Eleventh Circuit’s decision is not only at odds with other appellate courts, it’s an unconscionable assault on a fundamental civil right. 

Though the bill easily passed the state House, it’s path forward in the Senate is much trickier. A bill has been filed in the upper chamber, but so far it’s not had a single committee hearing.  As we reported a few days ago, Senate President Ben Albritton has been noncommittal about rolling back the under-21 gun ban, and the Eleventh Circuit’s declaration that 20-year-olds are minors when it comes to their Second Amendment rights may push him towards defending the status quo instead of allowing SB 920 to move to the floor for a vote. 

If Florida gun owners (and young adults who’d like to be able to purchase a firearm at retail) want to see this change, they need to not only contact their own state senator, but flood Albritton’s office with contacts as well.