Florida Proposal: Minors Posting Photos of Firearms on Social Media – Illegal

Two new bills, S 1310 and H 1165, proposed in the Florida legislature would make posting ANY photo of firearms by minors on social media- or anything resembling a firearm- illegal. The bills were proposed by Democrats. The bills do not contain any reference to threats of violence or dangers of any kind. It’s just about posting pictures… and having the guns in the photos confiscated.

Screenshot via Livermore Rifle and Pistol Club

Florida State Senator Jason Pizzo and State Representative Shevrin Jones proposed legislation that would CRIMINALIZE posting photos of a firearm, a nerf gun, or anything resembling a firearm on any public social media account. It provides for the immediate confiscation of said whatchamacallit, and calls for parents to attend “parenting classes” and even do community service with their child.

Blue Lives Matter reported,

Under the proposed law, if a minor is caught violating the law, their parents may be forced to take parenting classes or perform community service with their offending child.

The proposed legislation also says “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.”

Under the new law, parents of minors who have been caught posting pictures of firearms could be subject to criminal charges if their children were able to access and photograph their guns because the weapons weren’t properly locked away.

Blatantly Unconstitutional

Now here’s the nitty gritty that obviously Democrats miss (or don’t care): the bill is worded so that if a child’s soldier Dad or Mom has their firearm – even if they are in uniform – and the child posts a photo, the child is in violation of the law and said firearm can be confiscated. Pizzo disputes that, but the wording of the bill is clear that there doesn’t have to be a threat.

If the child goes to the range with their parent and posts a photo, they can be in violation of the law. And the firearm in the photo could be confiscated.

“This is an obvious First Amendment violation: The statute isn’t limited to displays that constitute true threats of violence (there’s a First Amendment exception for such true threats), or possession of guns by minors in violation of state law…Indeed, it would be a crime for a minor to post a photo of himself lawfully using a gun at a shooting range.”
University of Southern California – Los Angeles Law Professor Eugene Volokh in 

Pizzo defends his law by saying that it’s only about unlawful possession – but the language of the bill has no such caveat. The bill punishes both the child and the adult and can be used to address perfectly lawful behavior. If the child wants to post a political photo regarding pro-gun or anti-gun sentiments, that, too would be a violation. It’s about “unlawful possession”…of a picture…or “access” to be able to take a photo of a firearm (the ‘safe storage’ part of the bill).

Note, the parent in this tweet later remarked that Pizzo’s attempt to “play Orwell” wouldn’t solve a “damn thing.” He’s right. Pizzo attempted to justify the proposal by saying that his bill only addresses illegal possession of firearms by a minor. Not true by the wording.

Parent education classes would be required of any parents whose child was caught in violation of this law. And according to the bill, “community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.”

Indoctrination, much? Gun confiscation from a mere photo. And ‘parent education’ sounds an awful like a Communist “re-education” class. It is in violation of both the 1st and 2nd Amendments. This egregious bill must be stopped – if you live in Florida, stop the madness before it’s too late!

H/T Uncle Sam’s Misguided Children


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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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