SouthernWorldwide.com – A Florida appeals court has ruled that the state’s prohibition on concealed firearm carry for individuals aged 18 to 20 is unconstitutional, asserting that this age group possesses the same Second Amendment rights as other law-abiding adults.
The court’s extensive decision highlighted the discrepancy where 18-year-olds can enlist in the military and defend the nation without restriction, yet face significant limitations on their ability to exercise self-defense rights compared to older adults.
“Eighteen- to 20-year-olds can defend the country without restriction but can only utilize their Second Amendment right to self-defense with severe restrictions,” wrote Judge Spencer D. Levine, delivering the unanimous verdict for the Florida’s Fourth District Court of Appeals’ three-judge panel.
Levine further elaborated that denying these rights to individuals within the same “political community” as other adults would effectively render the Second Amendment a “second-class” right.
This significant ruling follows Florida Attorney General James Uthmeier’s decision earlier this year not to defend the contested law.
Uthmeier expressed his satisfaction with the court’s agreement, stating on X, “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.”
He confirmed that the state would not pursue further legal review and would collaborate with the Florida Department of Agriculture and Consumer Services to implement the court’s order.
The case originated from the 2024 arrest of Jaylen Eubanks, who was 18 at the time of the incident. According to court documents, law enforcement officers responded to a report of an individual displaying a handgun, detained Eubanks, and discovered a firearm on his person. He was subsequently charged with carrying a concealed firearm and improper exhibition of a firearm.
Eubanks contested the concealed-carry charge, arguing that Florida’s age-based restriction infringed upon his Second Amendment rights. This restriction was initially implemented after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, which resulted in 17 fatalities. Although a trial court had previously dismissed Eubanks’ argument, the appellate court has now overturned that decision.
The appellate court referenced pivotal Supreme Court precedents, including *Heller*, *Bruen*, and *Rahimi*, to support its conclusion that individuals aged 18 to 20 are encompassed within “the people” protected by the Second Amendment. The court found that Florida had failed to provide a historical basis to justify such a restriction.
The panel also drew attention to historical militia laws from the nation’s founding era, which mandated that many 18-year-old men serve while possessing firearms.
“That young adults had to serve in the militia indicates that founding-era lawmakers believed those youth could, and indeed should, keep and bear arms,” the opinion stated.
The court dismissed arguments suggesting that concerns about firearm misuse among younger adults warranted the restriction. It reiterated that Florida had not demonstrated a historical tradition to support the law and that individuals aged 18 to 20 should not be categorized alongside groups historically subject to firearm restrictions, such as felons or those with mental illnesses.
“All those who reach the age of 18 are able, and encouraged, for example, to join the military to defend our country,” wrote Levine.
“Yet those very same law-abiding adults are burdened in their ability to exercise the same Second Amendment rights that other adults have.”
Consequently, the court reversed Eubanks’ conviction for carrying a concealed firearm and remanded the case for further legal proceedings.
