Tampa Criminal Lawyer Blog
Constitutional challenges involving firearm offenses can reshape how criminal statutes are enforced and interpreted. A recent Florida ruling examined whether the state could prohibit otherwise law-abiding adults between the ages of 18 and 20 from carrying a concealed firearm solely because of their age. The court’s ruling addressed important questions regarding the scope of the Second Amendment and the constitutional limits on age-based firearm restrictions. If you have been charged with a firearm offense, it is smart to speak to a Tampa gun crime defense attorney to determine how to protect your interests.
History of the Case
Allegedly, law enforcement responded to a report that an individual had displayed a handgun toward a vehicle. Officers located the defendant, who matched the description provided by the caller, conducted a pat down, and discovered an unholstered handgun concealed on the defendant’s person. Because the defendant was 18 years old, the State charged the defendant with carrying a concealed firearm and improper exhibition of a firearm.
Reportedly, the defendant moved to dismiss the concealed firearm charge, arguing that Florida’s statutory scheme unconstitutionally prevented otherwise law-abiding adults between the ages of 18 and 20 from exercising their Second Amendment right to carry a firearm for self-defense. The prosecution argued that requiring individuals to satisfy licensing requirements and restricting concealed carry for certain persons served legitimate public safety interests. The trial court denied the motion, concluding that the licensing provisions were designed to ensure that only responsible citizens could lawfully carry concealed firearms. The defendant subsequently entered a no-contest plea while specifically reserving the right to appeal the denial of the dispositive motion to dismiss.
Second Amendment Rights Under Florida Law
The court reviewed the constitutional challenge de novo because the case presented a pure question of law involving the validity of a statute. Applying the analytical framework established by the United States Supreme Court, the court first considered whether the plain language of the Second Amendment protects the conduct at issue. The court concluded that adults between the ages of 18 and 20 are included among “the people” referenced in the Second Amendment and therefore possess the constitutional right to keep and bear arms for self-defense.
The court next examined whether Florida demonstrated that its age based restriction was consistent with the nation’s historical tradition of firearm regulation. Looking to decisions from the United States Supreme Court and several federal appellate courts, the court determined that historical evidence did not support categorically denying otherwise law-abiding adults between the ages of 18 and 20 the ability to lawfully carry firearms for self-defense. While historical regulations recognized restrictions involving convicted felons, mentally ill individuals, and persons who posed credible threats to others, the court found no comparable historical tradition treating all young adults as a prohibited class.
The court also rejected arguments that modern public safety concerns alone could justify the restriction. It explained that under current Second Amendment jurisprudence, the government must establish that the challenged regulation aligns with this nation’s historical tradition of firearm regulation rather than relying solely on policy considerations. Because the challenged statute barred adults aged 18 to 20 from qualifying for concealed carry solely on age grounds, the court concluded that the law imposed an unconstitutional burden on a protected constitutional right.
Accordingly, the court held that the challenged statutory provision was facially unconstitutional as applied to adults aged 18 to 20. It vacated the defendant’s conviction for carrying a concealed firearm and remanded the matter for further proceedings consistent with its opinion.
Meet with an Assertive Tampa Gun Crime Defense Attorney
If you are charged with a gun offense, it is important to meet with an attorney to discuss your potential defenses. The assertive Tampa gun crime defense attorneys at Hanlon Law are dedicated to helping people protect their interests in criminal proceedings, and if you hire us, we will advocate aggressively on your behalf. Contact Hanlon Law through our online form or call 813-228-7095 to set up a confidential meeting.