florida SB 1310 kids gun pictures photos social media
Courtesy GunsSaveLife.com

The seemingly ineluctable push to move Florida away from its former Gunshine State identity marches on. No longer content with attacks on Second Amendment rights, Florida’s brightest legislative minds have now set their sights on the First Amendment, too.

The latest assault on an enumerated right is a state senate bill (SB 1310) introduced by Senator Jason Pizzo. If enacted, it would outlaw minors posting photos of firearms to social media sites. Here’s the relevant language:

(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 ….

As Reason’s Eugene Volokh notes, this is a clear violation of the First Amendment. What’s more…

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.

Like the pic at the top. Any of the kids who post that photo to their Instagram page would be in violation of Senator Pizzo’s law.

And given the bill’s incredibly broad language, this photo could be considered a violation, too:

Florida sb 1310 gun photo social media
Bigstock

This would be out:

florida sb 1310 kids gun photo social media
(AP Photo/Jon-Pierre Lasseigne)

Oh, and so would this one:

Florida SB 1310 gun photo kids social media
Bigstock

Don’t think this will end here. Like social media background checks, look for similar bills to be introduced in Maryland, New York, Illinois, California, Washington and Oregon soon.

78 COMMENTS

    • Social Media is a corporation that sets its own rules. Not a single constitutional right was harmed. Knotting your panties over this is just useless chest pounding and as damaging to the 2A cause as is open carry fishing nonsense.

  1. These parasitic tyrants have nothing better to do with their time. Will they not be content until they have total control of our constitutional Rights . yeah put children in jail for posting a picture, so much for protecting the children. This shows their ignorance knows no bounds.

    • RA-15,

      This shows their ignorance knows no bounds.

      This legislation is NOT an act of ignorance.

      This legislation IS an expression of the utter contempt that the ruling class has for the armed members of the working class.

    • In the mindset of Progressives, jailing children for posting pictures of firearms is saving the children from themselves. And anything that happens to the children while in jail is obviously their own fault.

      And with a criminal record, there is no legal way they could own firearms in the future.

    • “Will they not be content until they have total control of our constitutional Rights…”

      No. They won’t. This is a step toward totalitarianism. Jail kids for talking about legal activities and soon no one will do those legal activities for fear of being jailed.

  2. While safety minded parents are educating kids into safe firearm users, politicians are trying to legislate them into criminals. Not surprising, but I’m not laughing anymore.

  3. This legislative proposal compels us to remind the masses:

    Our right to keep and bear arms for self-defense is the proverbial “canary in the coal mine” of our rights. Legislators who attack our right to keep and bear arms will soon be attacking our other rights as well.

  4. It’s OK. When they lower the voting age to 16 the kids can vote against the law. Or better yet let’s just lower voting age to 6.
    Yes, I’m being sarcastic….

    • Lowering the voting age is one thing on the Progressive’s agenda. Also is the blanket legalization of “recreational pharmaceuticals”. Lowering the age of consent. And decriminalizing pedophilia.

  5. Enough of this libitard bullshit here in Florida already. Time to string these politicians up already. They can use my tree. What a pinhead this guy is. Unconstitutionslist too.

    • “Time to string these politicians up already. They can use my tree.”

      You’re not thinking that one through.

      When they croak, their bladder and sphincter are gonna cut loose.

      Who wants Leftist piss and shit on their nice lawn? 😉

      • This is South Florida.
        We don’t have grass. Just green weeds.
        So its not like it will hurt anything here.
        Might just make some good fertilizer…………..maybe political bullshit makes your grass greener………………

        • “…maybe political bullshit makes your grass greener………………”

          It might but it’s not worth the downside cost which is a whole fleet of antidepressants and blood pressure meds.

  6. Many on the left have embraced politically correct speech for quite some time now — which is a form of self-censorship. Along with left wing social media sites beginning to censor posts and videos, it’s no surprise that our Democrat legislators would also embrace outright censorship! This is NOT the American way! Beware the of the new left!

  7. Another anti-gun democrat clown. This moron used to be a state prosecutor. I guess that they don’t teach the 1st amendment either in law schools these days.

  8. Funny how they keep taking rights away from kids; no free speech on campus, can’t wear a MAGA hat/shirt in school, can’t have an American flag on your bicycle at school, can’t get ears pierced with out parents permission, BUT it’s ok to teach how to put a condom on a banana and let younger teens get an abortion without parents knowledge and let them skip school without parents permission, to protest against Trump etc.

  9. Its getting to the point where these pinhead dimwit politicians are coming up with bills they know have no chance of being voted on. They do it just to annoy me. Its working too.

  10. JHow many amendments would violate beside the FIRST? It is also contrary to the DECLARATION OF INDEPENDENCE!!

  11. What about a 17 year old military member posting a picture with their issued service weapon? Will FL then try to seize the govt property weapon they used to violate that law?

  12. Mr. Pizzo appears to be what in my youth we referred to as a “Retard”.

    My apologies to the mentally handicapped.

  13. Yeah, that’s it. you can’t even be allowed to see a gun much less own one or use it for sporting fun. The left continues to demonize guns and gun owners into a class of sub human idiots not worth the air they breathe. Are there any of the concentration camps still in existence from WWII that we can be sent to in the interest of ‘public safety’ or in an ‘abundance of caution’?

  14. Agree with much being said by others.

    Wanted to say I really like the pic of the Jeep and M1s. I have a Greek return and have put about 20 rounds through it at the end of last summer…. We had 1/4 ton jeeps up to about 1986..saw my first Hummer in Korea in summer of 86. Wish I had one of those Jeeps.

  15. Do my index finger and thumb and remaining three fingers curled towards my palm qualify as a “device” under the proposed legislation?

  16. It’s all about them having control of everything people say, think, and do. They are the all knowing and powerful and everyone else must be molded into their image. They pledge to uphold the constitution and then attack it as soon as they get into office.

  17. Are they actually going to lock up minors for a year for posting gun pics?
    Add Florida to states to stay away from.

  18. These Dems need to be put out to pasture, what happened to freedom of speech, They can put up porn and call it ART , but a picture of your hobby is illegal, never going to happen, too many lawyers are Republican, and they will make minced meat out of this crap. That other Bird brain wants to ban Meat cars and planes from NY.The Dems must have really looked far to find idiots like these.

  19. If that bill were ever brought to the Senate Floor for a vote, that chamber ought to immediately respond by passing a resolution, the entire text of which would read “Go home, Jason, you’re drunk.”

  20. If this law passes, the guys in the last picture in the Jeep with the M1 Garands, and all of the other guys serving with them, (the modern version of them) should be sent to Tallahassee.

  21. We have a basic problem here in that legislators are insulated and immunized from any consequences of the legislation they try and pass (even when obviously unconstitutional), short of losing the next election or being violently overthrown. Of course, it’s not a problem on just the left.

  22. I’d support a bill that would outlaw kids posting pics of socialists to social media. Or any pictures of Joe Biden with a minor.

  23. At the close of the Constitutional Convention on September 17, 1787, as Benjamin Franklin left the hall in Philadelphia, he was asked, “What kind of government have you given us, Dr. Franklin?” He replied: “A republic, if you can keep it.”

    Well, I’m sorry Dr. Franklin; apparently we cannot keep the republic. Despite everyone’s hard work; it appears we are unable to elect people who can follow a few simple rules that were laid out in the Constitution; no matter how simple and easy you and the other founding fathers made it to follow; we apparently cannot be trusted with the masterpiece you created for us. While many of us have tried; there are far too many fools that continue to run afoul of your simple instructions. We are sorry.

  24. This is why we are at this point in our country. The “social deviant” Nichloas Cruz should have been locked up. He should have been forced into treatment. But he was allowed to run free in Florida. Instead of dealing with an individual crazy and dangerous person, the government wants to violent everyone’s civil rights. Is this how it works Libertarians??? Dangerous people get to walk around free and kill a dozen people???

    Do you have a right to be mentally ill?

    The “social deviants” are defecating in public all over San Francisco and other cities. The people who use “reason” don’t seem to be worried about a cholera outbreak. Or some other airborne disease.

    Is “mental illness” a fraudulent concept for locking up social deviants? Or does forced treatment free the ill “from the Bastille of their psychosis?”
    https://reason.com/reasontv/2019/03/08/should-america-bring-back-the-asylum-men

  25. So the Second Amendment puts teeth in the first, seems the little tricksters are using the second to take away the first. Once again these people whom swear an oath to protect the Constitution then try and dismantle it are an enemy of the country and I think the National Guard should do something about it.

  26. Oh yeah, and after arresting the child for exercising his 1st Amendment rights of free speech, SB 1310 would also let them confiscate the guns being used by the Boy Scouts of America, the U.S. Army, the U.S. Marine Corps, the Police Department, or wherever the guns in the photo came from!
    I dare the state of Florida to try to confiscate guns from the U.S. Marine Corps just because a child used a photo of Marines at Iwo Jima. I double-dog dare them! In fact, I “Devil Dog” dare them!

    But according to the Florida bill SB 1310, any guns in the photos must be confiscated (even if those guns belong to the USMC, the US Army, or the Police Department, presumably):

    “(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.”

    Even the guns belonging to the police or the U.S. military! Good luck with that, Florida.

    Photos of U.S. Marines seizing Iwo Jima in WWII? Illegal under this law, a criminal offence to post a historical photo, punishable by jail (and by seizing the guns of the USMC, if you read the letter of the law, #3 in the bill. Good luck seizing all the guns of the USMC, Florida.

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