Florida Lawmakers Pass Gun Bill

[Dr. Who]

The Florida House on Wednesday passed legislation that would impose new restrictions on firearm sales and allow some teachers and staff to carry guns in school.Spurred by the February 14 school shooting in Parkland, the Marjory Stoneman Douglas High School Public Safety Act passed 67-50. It now goes to Republican Gov. Rick Scott, who has 15 days to sign it.

~ snip

The final version includes the following measures:
- Raise the age to purchase a firearm to 21 from 18;
- Require a three-day waiting period for firearm purchases, with some exceptions;
- Ban the sale or possession of bump fire stocks, which allow a semiautomatic weapon to fire more like an automatic weapon;
- Give law enforcement more authority to seize weapons and ammunition from those deemed mentally unfit or otherwise a threat;
- Provide additional funding for armed school resource officers and mental health services.

~ snip

On Monday, the Senate limited which teachers could participate in the Coach Aaron Feis Guardian Program -- "a step in the right direction," Scott's office said.
Those who "exclusively perform classroom duties as classroom teachers" wouldn't be allowed to participate in the program. Teachers who perform additional duties, like coaching football or heading the drama club, would be allowed to participate, along with administrators and cafeteria workers.

https://www.cnn.com/2018/03/07/polit...ill/index.html

[Dr. Who]

I wonder how many other states will consider the same measures?

[MisterVeritis]

I wonder how many other states will consider the same measures?

It contains a poison pill. No true American could sign it.

[Cletus]

I wonder how many other states will consider the same measures?

Hopefully, none.

[Common]

I wonder how many other states will consider the same measures?

FLorida already has a 3 day waiting period, it has since I came here 14 yrs ago, so I dont know why thats in there.

I disagree with raising the age to 21 to buy a gun, when our govt trains 17 yr olds how to use guns and to kill and allows them to vote in all elections. You cant pick and choose when someone is considered an adult, if you can die for your country you can buy a gun.

[Ravens Fan]

I wonder, if Scott signs it, how long till the first lawsuit for infringement of 18-20 year old’s 2nd Amendment rights?


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[Dr. Who]

I wonder, if Scott signs it, how long till the first lawsuit for infringement of 18-20 year old’s 2nd Amendment rights?


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I'm not sure that they would have a case. The state has a right to set ages of majority for various things. If it can be set at 18, it can be set at 21.

[Ravens Fan]

I'm not sure that they would have a case. The state has a right to set ages of majority for various things. If it can be set at 18, it can be set at 21.

Can a state set ages of majority for federally protected rights? Could they say, make it so that anyone under 21 cannot peaceably assemble? No one under 21 has the right to free speech? If you are not 21, you have no freedom from unreasonable search and seizure? This is not about a privlidge, but a right afforded to all American citizens (which, last time I checked, was people 18 years of age or older).

Since handguns cannot be purchased by anyone under 21 already, making the rifles the same, leaves 18-20 year olds living in Florida unable to exercise their 2nd amendment rights.

[Dr. Who]

Can a state set ages of majority for federally protected rights? Could they say, make it so that anyone under 21 cannot peaceably assemble? No one under 21 has the right to free speech? If you are not 21, you have no freedom from unreasonable search and seizure? This is not about a privlidge, but a right afforded to all American citizens (which, last time I checked, was people 18 years of age or older).

Since handguns cannot be purchased by anyone under 21 already, making the rifles the same, leaves 18-20 year olds living in Florida unable to exercise their 2nd amendment rights.

There are no age restrictions with regard to peaceful assembly or free speech. However, permits must be obtained to organize a peaceful assembly and that seems to be constitutional and the only restriction on a five-year-old's freedom of speech is his or her parents. It's not the law.

Would that imply that a 10-year-old should be able to buy a gun?

With any right there is commensurate responsibility and depending on the right and the potential for harm, that right cannot be absolute. For instance, you have the right to peacefully assemble, but not the right to do so in a major intersection, such that your right is impeding other people's freedom of movement, nor do you have a right to peacefully assemble on someone's property without their permission. You don't have a right to make death threats or yell fire in a theater, just to create a panic, nor do you have a right to tell harmful lies without the possibility of legal recourse.
If handgun purchases can be restricted to those over the age of 20 and that has not been declared unconstitutional (since ages are not mentioned in the 2nd) it does create some precedent for age restrictions where gun purchases are concerned. 21 is considered the ultimate age of majority. Additionally, for what it's worth, I believe that members of the military or police forces are exempted from that restriction.

It's a legally murky area. No doubt there will be challenges, but I don't think that the outcome is a slam dunk.

[Ravens Fan]

There are no age restrictions with regard to peaceful assembly or free speech. However, permits must be obtained to organize a peaceful assembly and that seems to be constitutional and the only restriction on a five-year-old's freedom of speech is his or her parents. It's not the law.

I don't believe the the Bill of Rights applies to minors, which for legal purposes means under 18. Permits are required for assemblies for public safety concerns involved with large groups, But if you are 18 or older, you can apply for that permit.

Would that imply that a 10-year-old should be able to buy a gun?

When has a 10 year old ever been considered an adult, with the possible exception of murder charges?

With any right there is commensurate responsibility and depending on the right and the potential for harm, that right cannot be absolute. For instance, you have the right to peacefully assemble, but not the right to do so in a major intersection, such that your right is impeding other people's freedom of movement, nor do you have a right to peacefully assemble on someone's property without their permission. You don't have a right to make death threats or yell fire in a theater, just to create a panic, nor do you have a right to tell harmful lies without the possibility of legal recourse.

All true, but have no bearing on my argument.

If handgun purchases can be restricted to those over the age of 20 and that has not been declared unconstitutional (since ages are not mentioned in the 2nd) it does create some precedent for age restrictions where gun purchases are concerned.

I am sure that part of the reason that this is not considered unconstitutional, is because 18-20 year old's can still buy rifles, in order to arm themselves. The bill in front of the Governor takes all means of bearing arms away from that group of adults.

21 is considered the ultimate age of majority. Additionally, for what it's worth, I believe that members of the military or police forces are exempted from that restriction.

Where do you get that? The only thing tied to 21 is the legal drinking age (which I also disagree with). In every state, you can enter into many different kind of contracts, own property, get married, die in war, go to prison and smoke cigarettes at the age of 18. If the law sees you as an adult at that age, then to me, that is the ultimate age of majority.

It's a legally murky area. No doubt there will be challenges, but I don't think that the outcome is a slam dunk.

I don't think it is murky at all. In fact, I would say it is crystal clear. Once you are 18, you are a citizen. Once you are a citizen, all the rights listed in the Bill of Rights applies to you. The State cannot take away a BOR listed right from an American citizen without due cause.