NRA v. Florida

     The National Rifle Association has sued the Florida Attorney General and Commissioner of the Florida Department of Law Enforcement over a recently-passed law that forbids the purchase of rifles by persons under the age of 21.  The law was passed after a public outcry over a massacre at a Florida high school in which a former student who had been expelled from the school used a semi-automatic rifle to shoot and kill many students.  The thought behind the law was that by preventing the sale of rifles to those under age 21, as opposed to 18, this would make it harder for a student or recent student at a school to shoot up the school.


     Enter the NRA.  The NRA, in NATIONAL RIFLE ASSOCIATION OF AMERICA, INC, V.  PAM BONDI and RICK SWEARINGEN, filed suit seeking a ruling from the United States Distict Court for the Northern District of Florida that the law is unconstitutional and that the chief persons in charge of enforcing that law be prevented from doing so.

     There have been many attempts by states to regulate or outright ban the sale of guns over the last 50 years with various forms of registration requirements, waiting periods, or even one requirement that gun owners may keep their guns only when disassembled and kept in a locked box.  In District of Columbia v. Heller, 554 U.S. 570, 635 (2008), the Supreme Court finally decided that states could regulate and ban the sale of certain weapons, but could not pass laws that effectively ban the sale of guns to citizens, when those citizens want to put those guns to use in a law-abiding way, or in a way in which those guns are commonly used, such as confronting and shooting someone in self-defense.

     Some have argued that the requirement that a rifle purchaser be over 21 years of age is reasonable, because many states prohibit the sale of alcohol to those under 21.  The problem with this argument is that the Constitutional Amendment, No. 21, which abolished Prohibition, made a special provision allowing individual states to pass laws concerning the sale of alcohol.  There is no such provision in the Second Amendment.  The Right to Bear Arms under that latter Amendment does not allow individual states to regulate alcohol out of esistence.  The Right to Bear Arms arose out of a fear that once the colonies became a secure nation, the national government might try to disarm individual citizens and leave them defenseless.  The Second Amendment was passed so citizens could defend themselves from criminals and a potential tyrannical government, and persons aged 18 are considered to be old enough to claim the full benefits of citizenship.

Pay attention to this lawsuit.  My money says the NRA will win this one.

***********************************************************************************************************************

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.

Sources for more information: https://www.cnbc.com/2018/03/09/nra-files-lawsuit-over-florida-gun-control-law.html

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec...
Read more

OBAMA APPOINTEE DENIES GIULIANI ABILITY TO DEFEND HIMSELF, RESULTS IN $148 MILLION JUDGMENT

Image
In the aftermath of the January 6, 2021 protests, Rudy Giuliani has been ordered to pay over $148 million in damages to two Georgia election workers named by the former New York mayor.  What has not been explained to the general public is that there was never any trial concerning whether Mr. Giuliani had actually slandered or libeled these two persons.   In the case of Giuliani, the two Georgia election workers listed as plaintiffs in the suit against Giuliani sued him for saying they engaged in what amounted to election fraud.  They are allowed to ask the defendant ex-mayor for documents relevant to their suit and to his defense. These women brought their case against Giuliani in a jurisdiction that is heavily populated with Democrats.  They could have sued in their home state, Georgia, but did not. They wanted a jury pool of anti-Trump democrats, so they sued in Washington, D.C. They managed to get an incredibly biased Barack Obama-appointed, anti-Trump judge....
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs...
Read more