A Florida appeals court has unanimously struck down a state law that prohibited adults aged 18 to 20 from obtaining concealed carry permits, ruling that the nearly four-decade-old restriction violates the Second Amendment. The decision, issued by the 4th District Court of Appeal, found that Florida's ban on concealed carry licenses for adults under 21 is unconstitutional as applied to law-abiding individuals within that age group. This statewide ruling effectively removes the age-based restriction from Florida’s concealed carry licensing framework.
"The plain text of the Constitution and our country’s history and traditions say no." — Judge Spencer Levine, 4th District Court of Appeal
The now-overturned restriction dates back to 1987, when Florida first established 21 as the minimum age for concealed carry licensing. This law persisted through numerous revisions to the state's gun regulations, including more recent expansions of carry rights implemented under Governor Ron DeSantis. The legal challenge originated from the 2024 arrest of Jaylen Tyrus Eubanks, an 18-year-old in Broward County who was charged after law enforcement officers discovered him carrying a concealed firearm. Eubanks subsequently challenged the statute, contending that the restriction infringed upon his Second Amendment rights, according to reports from the Tallahassee Democrat.
Writing for the appellate court, Judge Spencer Levine articulated that the U.S. Constitution does not support differential treatment of 18- to 20-year-olds compared to other law-abiding adults when it comes to exercising their rights to self-defense. Judge Levine highlighted that individuals in this age demographic are legally permitted to vote, enter into contracts, and serve in the military, yet Florida law had previously barred them from carrying concealed firearms. "The plain text of the Constitution and our country’s history and traditions say no," Levine wrote, concluding that the restriction could not be upheld under contemporary Second Amendment analysis, as reported by WCTV.
The court's decision leaned heavily on the U.S. Supreme Court’s landmark 2022 ruling in *New York State Rifle & Pistol Association v. Bruen*. The *Bruen* decision established a new standard, requiring governments to justify firearm regulations by demonstrating their consistency with the nation's historical tradition of firearm regulation. The Florida appellate judges determined that the state failed to identify a historical analogue that would support a broad prohibition on concealed carry licenses for 18- to 20-year-olds.
State prosecutors defended the law during proceedings, arguing that it was justified by public safety concerns. They presented data suggesting that younger adults are statistically more prone to misusing firearms. Prosecutors also asserted that, at the time of the Founding, 18-year-olds were not uniformly considered full legal adults across all legal frameworks, according to The Daily Signal. Furthermore, the Broward State Attorney’s Office argued in its filings that restricting concealed carry for younger adults was consistent with historical regulations concerning age and responsibility.
However, the court rejected these arguments. It stated that statistical concerns alone are insufficient to justify modern restrictions under the *Bruen* framework, emphasizing that constitutional rights cannot be limited solely based on generalized safety claims. Prosecutors also cited the tragic 2018 Parkland school shooting in their defense of the statute, arguing that the law was part of broader reforms enacted in response to mass violence. The court, however, clarified that such tragic events and policy concerns, while significant, do not establish a constitutional basis for restricting Second Amendment rights, USA Carry reported. The court found no sufficient historical tradition to support a categorical ban on concealed carry for this age group.
Following the ruling, Florida Attorney General James Uthmeier's office indicated it would not defend the law on appeal and subsequently confirmed it would not seek further review of the decision. Uthmeier stated that the state would work with relevant agencies to implement the court’s ruling. In a public statement posted on social media, Uthmeier characterized the decision as a "victory for constitutional rights" and reiterated Florida’s commitment to comply with the court’s judgment rather than pursuing additional appeals.
This ruling contributes to ongoing shifts in Florida’s gun laws, which include the state’s 2023 adoption of permitless concealed carry for eligible adults. Gun rights advocates view the decision as further aligning Florida law with recent Supreme Court precedent, reinforcing individual Second Amendment protections. Conversely, critics of the ruling contend that it weakens public safety safeguards that were established in response to high-profile mass shootings, such as the one in Parkland. With no appeal planned by the state, the decision is now in effect statewide, permanently eliminating Florida's age-based restriction for concealed carry permits for individuals aged 18 to 20.
