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Policy & Law

Florida Court Rules State Ban on Concealed Carry for Adults Under 21 Unconstitutional

The unanimous ruling says 18-to-20-year-olds are entitled to the same Second Amendment protections as older adults, citing Supreme Court precedent.

⚡ The Bottom Line

Wednesday's ruling marks a significant development in Florida's ongoing legal battles over firearm regulations, though it applies specifically to concealed-carry permits for young adults rather than broader firearms access. The decision is binding precedent within the Fourth District Court of Appeals' jurisdiction covering Palm Beach, Broward, and surrounding counties. Florida officials have in...

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A Florida appeals court ruled Wednesday that the state's ban on concealed carry by adults ages 18 to 20 violates the Second Amendment, finding that young adults are entitled to the same constitutional protections as law-abiding adults over the age of 20. The unanimous three-judge panel of Florida's Fourth District Court of Appeals reversed a concealed-carry conviction and remanded the case for further proceedings.

The ruling stems from the 2024 arrest of Jaylen Eubanks, who was 18 years old when police responding to a report of a person displaying a handgun found an unholstered firearm on his waist. The restriction at issue was enacted following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, where 17 people were killed.

What the Left Is Saying

Gun safety advocates argue that age-based restrictions are reasonable public safety measures designed to protect communities from gun violence. Organizations including Moms Demand Action and Everytown for Gun Safety have long supported laws restricting firearm access for younger adults, citing research on impulse control development and elevated rates of violent crime among certain age groups.

Florida Governor Ron DeSantis's administration had previously defended the law as a measured response to one of the state's deadliest school shootings. Supporters note that the measure was not a blanket ban but rather targeted specific methods of carrying concealed weapons in public spaces, leaving open other legal options for self-defense.

Critics of Wednesday's ruling say courts should defer to legislative judgments on matters of public safety, particularly when those laws were enacted in direct response to mass casualty events. They argue that constitutional interpretation must balance individual rights against community welfare and that historical militia practices do not automatically translate to modern concealed-carry regulations.

What the Right Is Saying

Constitutional conservatives welcomed the ruling as a victory for Second Amendment rights and the principle that 18-year-olds are adults in every other legal respect. The opinion, written by Judge Spencer D. Levine, emphasized that young adults can serve in the military, vote, and sign contracts but faced restrictions on exercising the same self-defense rights available to older citizens.

The court cited Supreme Court precedent in Heller, Bruen, and Rahimi, finding that adults ages 18 to 20 fall within "the people" protected by the Second Amendment. The panel noted founding-era militia laws required many 18-year-old men to serve while bearing arms, arguing this indicated historical recognition of young adult firearm rights.

Florida Attorney General James Uthmeier declined to defend the law earlier this year and celebrated the ruling. 'In another win for the unalienable rights of Floridians, the 4th DCA agreed with our position that Florida's law banning adults under 21 from conceal carrying a firearm is unconstitutional,' Uthmeier wrote on X. He said the state would not seek further review and would work to implement the court's order.

Second Amendment advocates argue that treating law-abiding young adults as second-class citizens regarding constitutional rights creates an arbitrary distinction unsupported by history or text. They contend the ruling restores consistency to a legal framework where 18-year-olds bear adult responsibilities but had been denied equal Second Amendment protections.

What the Numbers Show

Florida's concealed-carry ban applied specifically to adults ages 18 through 20, affecting roughly 350,000 state residents in that age range according to U.S. Census data estimates. The law was among dozens of firearm restrictions enacted following the Parkland shooting, which remains one of the deadliest school shootings in U.S. history.

Federal law already prohibits federally licensed firearms dealers from selling handguns to buyers under 21, though private sales remain less restricted in many states. Twenty-three states have some form of age restriction on firearm purchases or carry permits, according to the Giffords Law Center.

The Supreme Court's 2022 Bruen decision shifted Second Amendment jurisprudence by requiring courts to identify historical traditions supporting firearms regulations rather than balancing individual rights against government interests. Lower courts have cited this standard in striking down various state and local gun laws across the country.

The Bottom Line

Wednesday's ruling marks a significant development in Florida's ongoing legal battles over firearm regulations, though it applies specifically to concealed-carry permits for young adults rather than broader firearms access. The decision is binding precedent within the Fourth District Court of Appeals' jurisdiction covering Palm Beach, Broward, and surrounding counties.

Florida officials have indicated they will not appeal the ruling, meaning the state's restriction on concealed carry by 18-to-20-year-olds will be lifted following implementation proceedings. Similar age restrictions in other states could face renewed legal challenges citing this precedent.

Gun safety advocates may push for alternative legislative approaches to address concerns about young adult firearm access, though any new regulations would need to account for the court's finding that historical tradition does not support blanket carry prohibitions on law-abiding adults under 21.

Sources