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Mar 12, 2019

New Florida Gun Control Bill Will Violate First Amendment Rights on Social Media

By Jose Nino

Florida State Senator Jason Pizzo recently introduced SB 1310, a bill that would penalize minors for posting firearms on social media.

But it doesn’t stop with just firearms. Posting BB guns or air-soft guns on social media could lead to criminal penalties for minors.

A brief summary of SB 1310’s most controversial provisions:

(1) A minor who posts or publishes a picture of a firearm, a BB gun, an air or a gas-operated gun, or a device displayed to resemble a firearm to a social media page, post, profile, or account that is openly viewable to the public commits a misdemeanor of the first degree, punishable [by up to a year in jail or a fine of up to $1000].

(2)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, if the minor possesses a firearm in violation of this section, may, if the court finds it appropriate, be required to participate in classes on parent education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.

(3) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of ….

SB 1310 is a clear violation of free speech. However, since the Parkland shooting, gun controllers have been on a frenzy to pass gun control by any means necessary. The passage of SB 7026, the most expansive piece of gun control legislation in recent Florida history, was a significant loss for Second Amendment advocates in the Sunshine State.

Since passing SB 7026, gun controllers have been been relentless in continuing to turn Florida and other state legislatures into gun control bastions. Social media is one outlet where anti-gun forces have focused on both legislatively and in the corporate boardroom in order to advance their anti-gun schemes.

With solid Republican control of the Florida State Legislature, this legislation will likely die, but it still serves as a conversation starter in the push to subvert gun rights through social media.