A Florida appellate court has declared the state regulation banning concealed carry for adults aged 18 to 20 unconstitutional. The three-judge panel issued a unanimous decision, concluding that young adults should enjoy the same constitutional protections regarding firearm possession and the right to self-defense as older adults.
Reasoning of the Court
Judges at the Florida Fourth District Court of Appeal emphasized that individuals who have turned 18 can enlist in the military to defend the country, yet face severe restrictions when exercising their right to self-protection. Judge Spencer D. Levine wrote that people aged 18 to 20 are part of the same political community as other law-abiding adults.
The ruling stated that this age group cannot be treated as having a "second-class" right to self-defense. The panel also referenced Supreme Court decisions in Heller, Bruen, and Rahimi, noting that adults aged 18 to 20 fall within the "people" protected under the Second Amendment. According to the court, Florida failed to present a historical tradition supporting restrictions on this age group.
How the Eubanks Case Began
The case arose in 2024 following the arrest of Jaylen Eubanks. Police responded to a report of someone brandishing a firearm and stopped Eubanks, finding an unholstered pistol on his person.
Eubanks was charged with concealed carry and improper display of a firearm. At 18 years old, he challenged the concealed carry charge, arguing that Florida's age restriction was unconstitutional. The trial court rejected his challenge, but the appellate court overturned that decision and remanded the case for further proceedings.
Age Restrictions in Florida
Florida's age restriction was part of regulations enacted after the 2018 mass shooting at Marjory Stoneman Douglas High School, where 17 people were killed. Despite this, the court concluded that constitutional rights of adults aged 18 to 20 cannot be curtailed.
The ruling noted that while young adults can be called to military service, they have historically faced restrictions on carrying firearms without a solid historical basis. The panel also stated that this age group cannot be equated with categories historically subject to firearm restrictions, such as convicted felons or the mentally ill.
Attorney General's Position
Florida Attorney General James Uthmeier announced earlier in the year that he would no longer defend the law. Following the ruling, he expressed agreement with the court's view that the state's ban on concealed carry for those under 21 is unconstitutional.
Uthmeier stated they will not seek further review and will work with the Florida Department of Agriculture and Consumer Services to implement the court's decision, clarifying how the ruling will be applied statewide.