COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
National Rifle Association – Appellant
Versus
Commissioner Florida Department of Law Enforcement – Respondent
[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit
____________________
No. 21-12314 ____________________
NATIONAL RIFLE ASSOCIATION, RADFORD FANT, Plaintiffs-Appellants. versus PAM BONDI, In her official capacity as Attorney General of Florida, et al.,
Defendants,
COMMISSIONER, FLORIDA DEPARTMENT OF LAW ENFORCEMENT, USCA11 Case: 21-12314 Document: 65-1 Date Filed: 03/09/2023 Page: 2 of 40
2 Opinion of the Court 21-12314
Defendant-Appellee.
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Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 4:18-cv-00137-MW-MAF ____________________
Before WILSON, ROSENBAUM, Circuit Judges, and CONWAY,* District Judge.
ROSENBAUM, Circuit Judge: In Ohio, a 19-year-old son shoots and kills his father to “aveng[e] the wrongs of [his] mother.” 1 In Philadelphia, an 18- year-old “youth” shoots a 14-year-old girl before turning the gun on himself “because she would not love him.”2 In New York, a 20- year-old shoots and kills his “lover” out of jealousy.3 In Washing- ton, D.C., a 19-year-old shoots and kills his mother, marking
* The Honorable Anne C. Conway, United States District Judge for the Middle District of Florida, sitting by designation. 1 The Walworth Tragedy, HIGHLAND WEEKLY NEWS, June 26, 1873, at p.1. 2 Crimes and Casualties, MILAN EXCHANGE (Milan, Tenn.), Oct. 18, 1884, p.6. 3 News Items, JUNIATA SENTINEL & REPUBLICAN, Apr. 19, 1876, at p.2. USCA11 Case: 21-12314 Document: 65-1 Date Filed: 03/09/2023 Page: 3 of 40
21-12314 Opinion of the Court 3
another death due to “the careless use of firearms.”4 In Texas, a 19-year-old shoots a police officer because of an “[o]ld [f]eud” be- tween the police officer and the 19-year-old’s father. 5 These stories are ripped from the headlines—the Recon- struction Era headlines, that is. But they could have been taken from today’s news. Unfortunately, they illustrate a persistent soci- etal problem. Even though 18-to-20-year-olds now account for less than 4% of the population, they are responsible for more than 15% of homicide and manslaughter arrests. 6 And in the more than 150 years since Reconstruction began, guns have gotten only deadlier: automatic assault rifles can shoot sixty rounds per minute with enough force to liquefy organs.7
4 Accidental Shooting of a Lady, By Her Son, EVENING STAR (D.C.), Jan. 23, 1872, at p.1. 5 Shooting Affray, FORT WORTH DAILY GAZETTE, Nov. 7, 1884, at p.8. 6 Crime in the United States, U.S. DEP’T OF JUST. (2019), https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic- pages/tables/table-38#:~:text=Arrests%2C%20by%20Age%2C%202019%20 In%202019%2C%2093.0%20percent,88.9%20percent%20of%20per- sons%20arrested%20for%20property%20crimes; Age and Sex Composition in the United States: 2021, U.S. CENSUS BUREAU (2021), https://www.cen- sus.gov/data/tables/2021/demo/age-and-sex/2021-age-sex-composi- tion.html. 7 E.g., Sco
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