A Florida appeals court has struck down the state’s ban on concealed carry permits for adults aged 18 to 20, ruling that the restriction violates the Second Amendment and cannot be enforced under current constitutional standards.
The unanimous decision from the 4th District Court of Appeal found that Florida’s law barring adults under 21 from obtaining concealed carry licenses is unconstitutional as applied to law-abiding 18- to 20-year-olds.
The ruling applies statewide and effectively removes the age-based restriction from Florida’s concealed carry licensing framework.
The restriction dates back to 1987, when Florida first established the age-21 threshold for concealed carry licensing.
The law remained in place through multiple revisions to the state’s gun regulations, including more recent expansions of carry rights under Gov. Ron DeSantis (R).
The case originated with the 2024 arrest of 18-year-old Jaylen Tyrus Eubanks in Broward County, who was charged after police found him carrying a concealed firearm.
Eubanks later challenged the statute, arguing that the restriction violated his Second Amendment rights, according to the Tallahassee Democrat.
Writing for the court, Judge Spencer Levine said the Constitution does not support treating 18- to 20-year-olds differently from other law-abiding adults in exercising self-defense rights.
He noted that individuals in that age group may vote, sign contracts, and serve in the military, yet Florida law barred them from carrying concealed firearms.
“The plain text of the Constitution and our country’s history and traditions say no,” Levine wrote, concluding the restriction could not stand under modern Second Amendment analysis, according to WCTV.
The court relied heavily on the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which requires governments to justify firearm restrictions by demonstrating consistency with historical tradition.
Judges found Florida failed to identify a historical analogue for broadly prohibiting concealed carry licenses for 18- to 20-year-olds.
State prosecutors defended the law, arguing it was justified by public safety concerns and pointing to data suggesting younger adults are more likely to misuse firearms.
They also claimed that at the time of the Founding, 18-year-olds were not always treated as full legal adults under all legal frameworks, The Daily Signal reported.
The court rejected those arguments, stating that statistical concerns alone cannot justify modern restrictions under the Bruen framework and emphasizing that constitutional rights cannot be limited solely on generalized safety claims.
Prosecutors also referenced the 2018 Parkland school shooting in defense of the statute, arguing that the law was part of broader reforms enacted in response to mass violence.
The court, however, said tragic events and policy concerns do not establish a constitutional basis for restricting Second Amendment rights, according to USA Carry.
The Broward State Attorney’s Office had also argued in filings that restricting concealed carry for younger adults was consistent with historical regulation of age and responsibility.
The court disagreed, finding no sufficient historical tradition supporting such a categorical ban.
Florida Attorney General James Uthmeier’s office did not defend the law on appeal and later said it would not seek further review of the ruling.
He indicated the state would work with relevant agencies to implement the decision.
In a statement posted on social media, Uthmeier described the ruling as a victory for constitutional rights and confirmed that Florida would comply with the court’s decision rather than pursue further appeals.
The ruling builds on broader changes to Florida’s gun laws under DeSantis, including the state’s 2023 move to permitless concealed carry for eligible adults.
Gun rights advocates say the decision further aligns Florida law with recent Supreme Court precedent, while critics argue it weakens safeguards enacted in response to high-profile mass shootings such as Parkland.
With no appeal planned, the decision now applies statewide and effectively eliminates Florida’s under-21 restriction for concealed carry permits.
