Florida Commissioner of Agriculture v. Attorney General of the United States
Court of Appeals for the Eleventh Circuit · No. 22-13893
👍Favorable to gun rights
revived the as-applied Second Amendment challenge and rejected the government's historical analogues at the pleading stage, though the statutes were not invalidated
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Two Florida medical-marijuana patients whose gun purchases were refused, and a gun owner who wants to enroll in the state program, brought a pre-enforcement as-applied challenge to 18 U.S.C. sections 922(d)(3) and (g)(3), which bar unlawful drug users from buying or possessing firearms. The district court dismissed, finding the statutes consistent with historical tradition. The Eleventh Circuit vacated and remanded, holding that on the complaint's allegations the plaintiffs cannot be treated as relevantly similar to felons or to dangerous individuals, the government's two proffered historical analogues, so the government failed to carry its Bruen burden at the motion-to-dismiss stage and the plaintiffs plausibly stated a Second Amendment claim.
Summarized from the court's opinion.
Key Dates
- 2025-08-20 — Decided
- 2023-10-05 — Argued
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.