Florida court strikes down under-21 concealed-carry ban, AG James Uthmeier says

SOUTHWEST FLORIDA (WINK) — A Florida appeals court ruled Wednesday that the state's ban on concealed carry for adults ages 18 to 20 violates the Second Amendment, finding that young adults are entitled to the same constitutional protections as older law-abiding adults.

The ruling came from Florida's Fourth District Court of Appeal in the case of Jaylen Tyrus Eubanks v. State of Florida. The court found that a section of Florida law that prevented 18- to 20-year-olds from meeting the criteria for a concealed carry license violated the Second Amendment.

"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," AG Uthmeier said in a post on X.

The court said adults old enough to serve in the military and defend the country should not be denied the same constitutional right to armed self-defense afforded to older adults.

"In conclusion, we find that section 790.06(2)(b) is facially unconstitutional as it applies to people aged 18 to 20, as it is contrary to our historical tradition and violates the Second Amendment," Judge Spencer D. Levine wrote for a unanimous three-judge panel of Florida's Fourth District Court of Appeals.

The case stemmed from a 2024 incident in Broward County, where an officer responded to a call about someone pulling out a handgun near a vehicle. Police detained Eubanks, who matched the caller's description, and found an unholstered handgun on his waist. Eubanks was 18 at the time.

He was charged with carrying a concealed firearm and improper exhibition of a firearm. Eubanks challenged the concealed carry charge, arguing the age-based ban was unconstitutional.

The trial court disagreed and denied his motion to dismiss, but the appeals court reversed that decision.

The court found that 18- to 20-year-olds are part of "the people" protected by the Second Amendment, just like any other law-abiding adult.

The ruling pointed out that 18-year-olds can join the military to defend the country, yet faced serious restrictions on their right to self-defense that no other adults faced.

The court also noted that the state failed to show any historical tradition of banning this age group from carrying firearms, which is required under the legal test set by the U.S. Supreme Court.

The Office of the Attorney General actually agreed with Eubanks, conceding that blocking him from carrying a firearm violated his constitutional rights.

The State Attorney's Office pushed back, arguing that 18- to 20-year-olds were considered minors at the time of the country's founding and are disproportionately responsible for firearm misuse, but the court rejected both arguments.

The court reversed Eubanks' concealed-carry conviction and remanded the case for further proceedings.

The decision is not final until the court resolves any motions for rehearing.