Attorney General William Tong has joined a coalition of 21 attorneys general in filing an amicus brief with the U.S. Court of Appeals for the 11th Circuit, urging the court to uphold Florida's law that prohibits individuals under 21 from purchasing firearms.
The brief was filed in the case National Rifle Association v. Commissioner, Florida Department of Law Enforcement, which challenges a provision of the Marjory Stoneman Douglas High School Public Safety Act. This provision generally prohibits firearm purchases by individuals under 21. Attorney General Tong had previously joined a coalition defending this law in October 2021. Although a panel of the appellate court upheld the law in March 2023, the full court has voted to rehear the case and will hear arguments in the fall.
“Age restrictions on firearm ownership are commonsense and lifesaving. The appellate court was right when they first affirmed the law, and they should continue to do so now. My office will fight in any case and any forum to protect vital public safety laws,” said Attorney General Tong.
In their brief, Attorney General Tong and his colleagues argue that the Second Amendment does not prevent states from enacting regulations designed to promote gun safety and protect against gun violence, consistent with historical tradition. They highlight that states have long exercised their power to safeguard residents' health, safety, and welfare through measures aimed at minimizing gun violence.
The coalition also points out that Florida’s age-based regulation aligns with measures taken by other states and upheld by courts across the country. While specific regulations vary based on state needs, nearly every state and Washington D.C. have implemented some form of age-based restrictions on firearm sales or use. At least 19 states and Washington D.C. have set a minimum age requirement of 21 for certain categories of firearms.
Joining Attorney General Tong in filing the amicus brief are attorneys general from California, Colorado, Delaware, Washington D.C., Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.